[Congressional Record Volume 149, Number 20 (Tuesday, February 4, 2003)]
[Senate]
[Pages S1883-S1884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 281. A bill to amend the Transportation Equity Act for the 21st 
Century to make certain amendments with respect to Indian tribes, to 
provide for training and technical assistance to Native Americans who 
are interested in commercial vehicle driving careers, and for other 
purposes; to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to be joined by 
Senator Inouye in reintroducing the ``Indian Tribal Surface 
Transportation Improvement Act of 2003'', a bill to reform and improve 
Indian Reservation Road, IRR, program.
  In the past two Congresses the Committee on Indian Affairs has held 
hearings on the problems with the IRR program and this bill provides 
much-needed clarifications to better meet the transportation needs in 
Native communities.
  Involving as it does transportation and related issues, this bill 
includes an initiative I proposed last session to support commercial 
vehicle driving training programs at tribal colleges and universities.
  Although reservation roads comprise just 2.63 percent of the Federal 
highway system, less than 1 percent of Federal aid has been allocated 
to Indian roads. This bill would allow the already-authorized funds for 
Indians to reach the intended beneficiaries.
  As with any community, Indian reservations need efficient and 
effective road financing and construction to develop healthy economies 
and raise the standard of living.
  It is no secret that when entrepreneurs, Indian or non-Indian, 
calculate whether to invest in a community they first look to see if 
the basic building blocks exist within the community: roads, highways, 
electricity, potable water, and other amenities.
  Unfortunately, despite recent successes some Indian tribes have had 
with gaming, energy and natural resource development, most Indian 
tribes still suffer from poor infrastructure that thwarts investment 
and economic growth.
  Building on the successes of the Indian Self Determination and 
Education Assistance Act, this bill authorizes the Federal Lands 
Highway Administration to create a 12-tribe pilot program to contract 
directly for roads funding.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 281

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Indian 
     Tribal Surface Transportation Improvement Act of 2003''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

             TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION

Sec. 101. Short title.
Sec. 102. Amendments relating to Indian tribes.

    TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE AMERICANS

Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Commercial vehicle driving training program.

             TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Indian Tribal Surface 
     Transportation Act of 2003''.

     SEC. 102. AMENDMENTS RELATING TO INDIAN TRIBES.

       (a) Obligation Limitation.--Section 1102(c)(1) of the 
     Transportation Equity Act for the 21st Century (23 U.S.C. 104 
     note; 112 Stat. 116) is amended--
       (1) by striking ``Code, and'' and inserting ``Code,''; and
       (2) by inserting before the semicolon the following: ``, 
     and for each of fiscal years 2003 and 2004, amounts 
     authorized for Indian reservation roads under section 204 of 
     title 23, United States Code''.
       (b) Demonstration Project.--Section 202(d)(3) of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(C) Federal lands highway program demonstration 
     project.--
       ``(i) In general.--The Secretary shall establish a 
     demonstration project under which all funds made available 
     under this title for Indian reservation roads and for highway 
     bridges located on Indian reservation roads as provided for 
     in subparagraph (A) shall be made available, on the request 
     of an affected Indian tribal government, to the Indian tribal 
     government for use in carrying out, in accordance with the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.), contracts and agreements for the 
     planning, research, engineering, and construction described 
     in that subparagraph.
       ``(ii) Exclusion of agency participation.--In accordance 
     with subparagraph (B), all funds for Indian reservation roads 
     and for highway bridges located on Indian reservation roads 
     to which clause (i) applies shall be paid without regard to 
     the organizational level at which the Federal lands highway 
     program has previously carried out the programs, functions, 
     services, or activities involved.
       ``(iii) Selection of participating tribes.--

       ``(I) Participants.--

       ``(aa) In general.--For each fiscal year, the Secretary 
     shall select 12 geographically diverse Indian tribes from the 
     applicant pool described in subclause (II) to participate in 
     the demonstration project carried out under clause (i).
       ``(bb) Consortia.--Two or more Indian tribes that are 
     otherwise eligible to participate in a program or activity to 
     which this title applies may form a consortium to be 
     considered as a single tribe for the purpose of becoming part 
     of the applicant pool under subclause (II).
       ``(cc) Funding.--An Indian tribe participating in the pilot 
     program under this subparagraph shall receive funding in an 
     amount equal to the sum of the funding that the Indian tribe 
     would otherwise receive in accordance with the funding 
     formula established under the other provisions of this 
     subsection, and an additional percentage of that amount equal 
     to the percentage of funds withheld during the applicable 
     fiscal year for the road program management costs of the 
     Bureau of Indian Affairs under subsection (f)(1).

       ``(II) Applicant pool.--The applicant pool described in 
     this subclause shall consist of each Indian tribe (or 
     consortium) that--

       ``(aa) has successfully completed the planning phase 
     described in subclause (III);
       ``(bb) has requested participation in the demonstration 
     project under this subparagraph through the adoption of a 
     resolution or other official action by the tribal governing 
     body; and
       ``(cc) has demonstrated financial stability and financial 
     management capability in accordance with subclause (III) 
     during the 3-fiscal year period immediately preceding the 
     fiscal year for which participation under this subparagraph 
     is being requested.

       ``(III) Criteria for determining financial stability and 
     financial management capacity.--For the purpose of subclause 
     (II), evidence that, during the 3-year period referred to in 
     subclause (II)(cc), an Indian tribe had no uncorrected 
     significant and material audit exceptions in the required 
     annual audit of the Indian tribe's self-determination 
     contracts or self-governance funding agreements with any 
     Federal agency shall be conclusive

[[Page S1884]]

     evidence of the required stability and capability.
       ``(IV) Planning phase.--

       ``(aa) In general.--An Indian tribe (or consortium) 
     requesting participation in the demonstration project under 
     this subparagraph shall complete a planning phase that shall 
     include legal and budgetary research and internal tribal 
     government and organization preparation.
       ``(bb) Eligibility.--A tribe (or consortium) described in 
     item (aa) shall be eligible to receive a grant under this 
     subclause to plan and negotiate participation in a project 
     described in that item.''.
       (c) Administration.--Section 202 of title 23, United States 
     Code, is amended by adding at the end the following:
       ``(f) Administration of Indian Reservation Roads.--
       ``(1) Contract authority.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, for any fiscal year, not more than 6 percent of the 
     contract authority amounts made available from the Highway 
     Trust Fund to the Bureau of Indian Affairs under this title 
     shall be used to pay the administrative expenses of the 
     Bureau for the Indian reservation roads program (including 
     the administrative expenses relating to individual projects 
     that are associated with the program).
       ``(B) Availability.--Amounts made available to pay 
     administrative expenses under subparagraph (A) shall be made 
     available to an Indian tribal government, on the request of 
     the government, to be used for the associated administrative 
     functions assumed by the Indian tribe under contracts and 
     agreements entered into under the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.).
       ``(2) Health and safety assurances.--Notwithstanding any 
     other provision of law, an Indian tribe or tribal 
     organization may commence road and bridge construction under 
     the Transportation Equity Act for the 21st Century (Public 
     Law 105-178) that is funded through a contract or agreement 
     under the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 450 et seq.) if the Indian tribe or tribal 
     organization has--
       ``(A) provided assurances in the contract or agreement that 
     the construction will meet or exceed proper health and safety 
     standards;
       ``(B) obtained the advance review of the plans and 
     specifications from a licensed professional who has certified 
     that the plans and specifications meet or exceed the proper 
     health and safety standards; and
       ``(C) provided a copy of the certification under 
     subparagraph (B) to the Director of the Bureau of Indian 
     Affairs.
       ``(g) Safety Incentive Grants.--
       ``(1) Seat belt safety incentive grant eligibility.--
     Notwithstanding any other provision of law, an Indian tribe 
     that is eligible to participate in the Indian reservation 
     roads program under subsection (d) shall be deemed to be a 
     State for the purpose of being eligible for safety incentive 
     allocations under section 157 to assist Indian communities in 
     developing innovative programs to promote increased seat belt 
     use rates.
       ``(2) Intoxicated driver safety incentive grant 
     eligibility.--Notwithstanding any other provision of law, an 
     Indian tribe that is eligible to participate in the Indian 
     reservation roads program under subsection (d) shall be 
     deemed to be a State for the purpose of being eligible for 
     safety incentive grants under section 163 to assist Indian 
     communities in the prevention of the operation of motor 
     vehicles by intoxicated persons.
       ``(3) Funding procedures and eligibility criteria.--
       ``(A) In general.--The Secretary, in consultation with 
     Indian tribal governments, may develop funding procedures and 
     eligibility criteria applicable to Indian tribes with respect 
     to allocations or grants described in paragraphs (1) and (2).
       ``(B) Publication.--The Secretary shall ensure that 
     procedures or criteria developed under subparagraph (A) are 
     published annually in the Federal Register.''.

    TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE AMERICANS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Native American Commercial 
     Driving Training and Technical Assistance Act''.

     SEC. 202. PURPOSES.

       The purposes of this title are--
       (1) to foster and promote job creation and economic 
     opportunities for Native Americans; and
       (2) to provide education, technical, and training 
     assistance to Native Americans who are interested in 
     commercial vehicle driving careers.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Commercial vehicle driving.--The term ``commercial 
     vehicle driving'' means the driving of--
       (A) a vehicle that is a tractor-trailer truck; or
       (B) any other vehicle (such as a bus or a vehicle used for 
     the purpose of construction) the driving of which requires a 
     commercial license.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (3) Native american.--The term ``Native American'' means an 
     individual who is a member of--
       (A) an Indian tribe; or
       (B) any people or culture that is indigenous to the United 
     States, as determined by the Secretary.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.

     SEC. 204. COMMERCIAL VEHICLE DRIVING TRAINING PROGRAM.

       (a) Grants.--The Secretary may provide grants, on a 
     competitive basis, to entities described in subsection (b) to 
     support programs providing training and certificates leading 
     to the licensing of Native Americans with respect to 
     commercial vehicle driving.
       (b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       (1) be a tribal college or university (as defined in 
     section 316(b)(3) of the Higher Education Act (20 U.S.C. 
     1059(b)(3)); and
       (2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       (c) Priority.--In providing grants under subsection (a), 
     the Secretary shall give priority to grant applications 
     that--
       (1) propose training that exceeds proposed minimum 
     standards for training tractor-trailer drivers of the 
     Department of Transportation;
       (2) propose training that exceeds the entry level truck 
     driver certification standards set by the Professional Truck 
     Driver Institute; and
       (3) propose an education partnership with a private 
     trucking firm, trucking association, or similar entity in 
     order to ensure the effectiveness of the grant program under 
     this section.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this title.
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