[Congressional Record Volume 149, Number 35 (Wednesday, March 5, 2003)]
[Senate]
[Pages S3181-S3184]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Bennett):
  S. 528. A bill to reauthorize funding for maintenance of public roads 
used by school buses serving certain Indian reservations; to the 
Committee on Environment and Public Works.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Indian 
School Bus Route Safety Reauthorization Act of 2003. This bill 
continues an important Federal program begun in TEA-21 that addresses a 
unique problem with the roads in and around the Nation's single largest 
Indian reservation and the neighboring counties. Through this program, 
Navajo children who had been prevented from getting to school by 
frequently impassable roads are now traveling safely to and from their 
schools. Because of the unusual nature of this situation, I believe it 
must continue to be addressed at the Federal level.
  I would like to begin with some statistics on this unique problem and 
why I believe a Federal solution continues to be necessary. The Navajo 
Nation is by far the Nation's largest Indian reservation, covering 
25,000 square miles. Portions of the Navajo Nation are in three States: 
Arizona, New Mexico, and Utah. No other reservation comes anywhere 
close to the size of Navajo. To give you an idea of its size, the State 
of West Virginia is about 24,000 square miles. In fact, 10 States are 
smaller in size than the Navajo reservation.
  According to the Bureau of Indian Affairs, about 9,800 miles of 
public roads serve the Navajo Nation. Only about one-fifth of these 
roads are paved. The remaining 7,600 miles, 78 percent, are dirt roads. 
Every day schoolbuses use nearly all of these roads to transport Navajo 
children to and from school.
  About 6,400 miles of the roads on the Navajo reservation are BIA 
roads, and about 2,500 miles are State and county roads. All public 
roads within, adjacent to, or leading to the reservation, including 
BIA, State, and county roads are considered part of the Federal Indian 
reservation road system. However, only BIA roads are eligible for 
Federal maintenance funding from BIA. Moreover, construction funding 
and improvement funding from the Federal Lands Highways Program in TEA-
21 is generally applied only to BIA or tribal roads. Thus, the States 
and counties are responsible for maintenance and improvement of their 
2,500 miles of roads that serve the reservation.
  The counties in the three States that include the Navajo reservation 
are simply not in a position to maintain all of the roads on the 
reservation that carry children to and from school. Nearly all of the 
land area in these counties is under Federal or tribal jurisdiction.
  For example, in my State of New Mexico, three-quarters of McKinley 
County is either tribal or Federal land, including BLM, Forest Service, 
and military land. The Indian land area alone comprises 61 percent of 
McKinley County. Consequently, the county can draw upon only a very 
limited tax base as a source of revenue for maintenance purposes. Of 
the nearly 600 miles of county-maintained roads in McKinley County, 512 
miles serve Indian land.
  In San Juan County, UT, the Navajo Nation comprises 40 percent of the 
land area. The county maintains 611 miles of roads on the Navajo 
Nation. Of these, 357 miles are dirt, 164 miles are gravel, and only 90 
miles are paved. On the reservation, the county has three high schools, 
two elementary schools, two BIA boarding schools and four preschools.
  The situation is similar in neighboring San Juan County, NM, as well, 
Apache, Navajo, and Coconino Counties, AZ. In light of the counties' 
limited resources, I do believe the Federal

[[Page S3182]]

Government is asking the States and counties to bear too large a burden 
for road maintenance in this unique situation.
  Families living in and around the reservation are no different from 
families anywhere else; their children are entitled to the same 
opportunity to get to school safely and to get a good education. 
However, the many miles of unpaved and deficient roads on the 
reservation are frequently impassable, especially when they are wet, 
muddy, or snowy. If the schoolbuses don't get through, the kids simply 
cannot get to school.
  These children are literally being left behind.
  Because of the vast size of the Navajo reservation, the cost of 
maintaining the county roads used by the school buses is more than the 
counties can bear without Federal assistance. I believe it is essential 
that the Federal Government help these counties deal with this one-of-
a-kind situation.
  In response to this unique situation, in 1998 Congress began 
providing direct annual funding to the counties that contain the Navajo 
reservation to help ensure that children on the reservation can get to 
and from their public schools. The funding was included at my request 
in section 1214(d) of TEA-21. Under this provision, $1.5 million is 
made available each year to be shared equally among the three States. 
The funding is provided directly to the counties in Arizona, New 
Mexico, and Utah that contain the Navajo reservation. I want to be very 
clear: these Federal funds can be used only on roads that are located 
within or that lead to a reservation, that are on the State or county 
maintenance system, and that serve as schoolbus routes.
  This program has been very successful. For the last 6 years, the 
counties have used the annual funding to help maintain the routes used 
by school-buses to carry children to school and to Head Start programs. 
I had an opportunity in 1998 to see first hand the importance of this 
funding when I rode in a schoolbus over some of the roads that are 
maintained using funds from this program.
  The bill I am introducing today provides a simple 6-year 
reauthorization of that program, with a modest increase in the annual 
funding to allow for inflation and for additional roads to be 
maintained in each of the three States.
  I believe that continuing this program for 6 more years is fully 
justified because of the vast area of the Navajo reservation--by far 
the Nation's largest--and the unique nature of this need that only the 
Federal Government can deal with effectively.
  I don't believe any child wanting to get to and from school safely 
should have to risk or tolerate unsafe roads. Kids today, particularly 
in rural and remote areas, face enough barriers to getting a good 
education. I ask all Senators to join me in assuring that Navajo 
schoolchildren at least have a chance to get to school safely and get 
an education.
  My bill has the support of the Southeastern Utah Association of Local 
Governments and the Tri-State County Association of New Mexico, 
Arizona, and Utah. I ask unanimous consent that letters and resolutions 
from New Mexico, Arizona, and Utah be printed in the Record at the 
conclusion of my remarks.
  I am pleased that Congressmen Tom Udall of New Mexcio, Rick Renzi of 
Arizona, and James David Matheson of Utah are introducing a companion 
bill today in the House. I look forward to working with them this year 
and with the chairman of the Environment and Public Works Committee, 
Senator Inhofe, and Senator Jeffords, the ranking member, to 
incorporate this legislation once again into the comprehensive 6-year 
reauthorization of the surface transportation bill.
  Mr. President, I ask unanimous consent that text of the bill be 
printed in the Record.
  There being no objection, the bill and material were ordered to be 
printed in the Record, as follows:

                                 S. 528

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Indian School Bus Route 
     Safety Reauthorization Act of 2003''.

     SEC. 2. REAUTHORIZATION OF ADDITIONAL CONTRACT AUTHORITY FOR 
                   STATES WITH INDIAN RESERVATIONS.

       (a) Availability to States.--Not later than October 1 of 
     each fiscal year, funds made available under subsection (e) 
     for the fiscal year shall be made available by the Secretary 
     of Transportation, in equal amounts, to each State that has 
     within the boundaries of the State all or part of an Indian 
     reservation having a land area of 10,000,000 acres or more.
       (b) Availability to Eligible Counties.--
       (1) In general.--Each fiscal year, each county that is 
     located in a State to which funds are made available under 
     subsection (a), and that has in the county a public road 
     described in paragraph (2), shall be eligible to apply to the 
     State for all or a portion of the funds made available to the 
     State under this section to be used by the county to maintain 
     such public roads.
       (2) Roads.--A public road referred to in paragraph (1) is a 
     public road that--
       (A) is within, is adjacent to, or provides access to an 
     Indian reservation described in subsection (a);
       (B) is used by a school bus to transport children to or 
     from a school or Headstart program carried out under the Head 
     Start Act (42 U.S.C. 9831 et seq.); and
       (C) is maintained by the county in which the public road is 
     located.
       (3) Allocation among eligible counties.--
       (A) In general.--Except as provided in subparagraph (B), 
     each State that receives funds under subsection (a) shall 
     provide directly to each county that applies for funds the 
     amount that the county requests in the application.
       (B) Allocation among eligible counties.--If the total 
     amount of funds applied for under this section by eligible 
     counties in a State exceeds the amount of funds available to 
     the State, the State shall equitably allocate the funds among 
     the eligible counties that apply for funds.
       (c) Supplementary Funding.--For each fiscal year, the 
     Secretary of Transportation shall ensure that funding made 
     available under this section supplements (and does not 
     supplant)--
       (1) any obligation of funds by the Bureau of Indian Affairs 
     for road maintenance programs on Indian reservations; and
       (2) any funding provided by a State to a county for road 
     maintenance programs in the county.
       (d) Use of Unallocated Funds.--Any portion of the funds 
     made available to a State under this section that is not made 
     available to counties within 1 year after the funds are made 
     available to the State shall be apportioned among the States 
     in accordance with section 104(b) of title 23, United States 
     Code.
       (e) Funding.--
       (1) In general.--There are authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to carry out this section--
       (A) $3,000,000 for each of fiscal years 2004 and 2005;
       (B) $4,000,000 for each of fiscal years 2006 and 2007; and
       (C) $5,000,000 for each of fiscal years 2008 and 2009.
       (2) Contract authority.--Funds made available to carry out 
     this section shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
                                  ____

                                            Gallup McKinley County


                                               Public Schools,

                                   Gallup, NM., December 11, 2002.
     Hon. Jeff Bingaman
     U.S. Senate,
     Washington, DC.
       Dear Hon. Jeff Bingaman: The Gallup McKinley County Schools 
     serve over 15 thousand students, of which over 10 thousand 
     are bussed daily. Our District's school buses travel 9,250 
     miles daily, one way. Several miles of these roads are 
     primitive dirt roads with poor or no drainage. Several do not 
     have guard rails and some are not maintained by any entity. 
     The inability to safely negotiate school buses over these 
     roads during wet, muddy and snowy conditions greatly 
     restricts our ability to provide adequate services for 
     families living along these particular roadways. Funding for 
     school bus route road maintenance is vital to providing safe 
     and efficient transportation for thousands of students 
     throughout our County.
       The School bus route maintenance programs have helped 
     tremendously. Our County Roads Division (McKinley County) has 
     been extremely helpful in maintaining hundreds of miles of 
     bus route roads. The route improvements completed recently in 
     the North Coyote Canyon, Mexican Springs, Johnson loop, 
     Tohlakal, CR-1, Crestview, lyanbito and Bluewell have 
     provided us with the ability to safely negotiate these areas 
     and transport hundreds of students to various schools.
       The School bus route program is a very important program. 
     Our County Roads division worked diligently to provide safe 
     access and passage for our school districts 160 school buses. 
     Without the school bus route program, it would be impossible 
     to maintain safe conditions on these roads. To insure the 
     safety of our school children and families, it is imperative 
     that the reauthorization of the TEA-21 Bill be realized.
       Your help in sponsoring Bills, which address the unique 
     situations with respect to school bus route roads, have been 
     greatly appreciated. Your continuing support of the school 
     bus route program (TEA-21 Bill) will enable us to continue to 
     safely and efficiently transport our students. It is through

[[Page S3183]]

     these cooperative efforts that we are able to serve the 
     hundreds of families living in our County. Thank you for your 
     continued efforts.
           Sincerely,
                                                       Ben Chavez,
     Support Services Director.
                                  ____



                                           County of McKinley,

                                  Gallup, N.M., December 20, 2002.
     Hon. Jeff Bingaman,
     U.S. Senate,
     Washington, DC.
     Re: Indian School Bus Route Safety Reauthorization Act of 
         2003.

       Dear Senator Bingaman: The Board of Commissioners supports 
     your proposed Bill entitled, Indian School Bus Route Safety 
     Reauthorization Act of 2003.
       Currently, TEA-21 has provided a pilot program for the 
     Counties in New Mexico, Arizona and Utah with funds to help 
     maintain school routes accessing the Navajo Nation. This 
     support has allowed McKinley County to improve an average of 
     six miles per year.
       The Gallup McKinley County Schools operates 143 school 
     buses on a weekday basis traveling 16,070 miles daily. The 
     Navajo Nation also operates a bus network for their Headstart 
     Programs.
       Our residents who live in the rural areas of our County 
     depend on these same roads to shop, access medical services 
     and jobs. Improved roads are critical to our region.
       I appreciate your sponsorship of the Indian School Bus 
     Route Safety Reauthorization Act of 2003.
           Sincerely yours,
                                          Earnest C. Becenti, Sr.,
     Chairperson.
                                  ____



                                           County of McKinley,

                                  Gallup, N.M., December 20, 2002.
     Hon. Jeff Bingaman
     U.S. Senate,
     Washington, DC. 20510
       Dear Senator Bingaman: We want to take this opportunity to 
     let you know how grateful McKinley County residents are for 
     your past efforts in obtaining the federal funding received 
     under the TEA-21 Bill. These funds have improved 
     approximately 30 miles of school bus routes that could not 
     have been a reality without them. These roads were improved 
     to all weather standards at an average cost per mile of 
     approximately $60,000. We have enclosed a recap identifying 
     the type of improvements made and expenditures. We have also 
     enclosed a letter from the Gallup-McKinley County Schools 
     identifying the enhancement of these improvements that 
     contribute to the safe transportation of students throughout 
     the County.
       McKinley County has a total of 511.746 miles of maintained 
     roads that lead to or are within Indian Lands that qualify 
     under the TEA-21 funding. This total reflects that 
     approximately 90 percent of McKinley County roads on the 
     maintenance system serve the vast Indian population in rural 
     McKinley County. The TEA-21 funding received thus far has 
     improved approximately 5 percent of these miles; leaving 
     approximately 95 percent of the remaining miles to be 
     improved. As you can see, the miles improved thus far are 
     small in comparison to the vast needs of McKinley County.
       The unimproved roads continue to contribute to the number 
     of school days missed during inclement weather at all grade 
     levels, which ultimately contribute to the illiteracy of our 
     young people, and to the high level of unemployment in this 
     area. It is difficult to change these statistics with the 
     insurmountable miles of unimproved roads and the lack of 
     sufficient funding sources. It is also very difficult to 
     attract economic growth to McKinley County and improve the 
     job market and quality of life for families throughout rural 
     McKinley County.
       We strongly solicit support for the continuation of the 
     TEA-21 allocation for the improvement of school bus routes in 
     our area. Thank you once again for your past and continued 
     support in meeting the needs of McKinley County.
           Sincerely,
                                                  David J. Acosta,
     Road Superintendent.
                                  ____

                                            Gallup-McKinley County


                                               Public Schools,

                                                December 19, 2002.
     Hon. Senator Jeff Bingaman,
     U.S. Senate,
     Washington, DC.
       Dear Senator Bingaman: Regarding the reauthorization of 
     TEA-21 legislation, I would like to be up front in support of 
     this bill. Our Gallup-McKinley County School District cannot 
     function without a decent roads maintenance program. Our 
     school district has established a good partnership with the 
     McKinley County Commissioners Office. Mr. Irvin Harrison, 
     McKinley County Manager, is very instrumental in addressing 
     the many roads maintenance issues. Of course, the money to do 
     the actual maintenance work comes from the Indian School Bus 
     Route Safety Reauthorization Act.
       Let me explain why the Gallup-McKinley County Schools 
     consider TEA-21 is practically indispensable. Our district 
     daily transports 9,089 students and covers 16,070 miles. The 
     9,089 students are almost all Native Americans residing on 
     Indian Reservation land or Checker Board Areas. The majority 
     of the roads are dirt or unimproved. Our bus fleet totals 146 
     and 27 buses are equipped with lifts. Senator, you can 
     imagine how delicate it is to make sure the roads are safe 
     and all-weather condition. On an annual basis, our miles 
     driven exceed 3,047,269. Without the county's roads 
     maintenance program, our buses would deteriorate as quickly 
     as we buy them and absenteeism would climb astronomically. 
     What is so unique about our district is, it's 5000 square 
     miles size and reported unpaved road transportation nears 
     400,000 miles. What the McKinley County Roads Department 
     maintains include grading, placing gravel with some degree of 
     compaction, repair work on drainage appurtenances and 
     providing drainage solutions to rain damaged areas. Gallup-
     McKinley County School District is still expanding. A new 
     high school is under design in Pueblo Pintado. A safe bridge 
     is absolutely essential right next to the new school site.
       Senator, I recall 3 years ago that you took a ride in one 
     of our buses west of Gallup. I understand you enjoyed the 
     rough ride. I thank you for taking the time from your busy 
     schedule to visit our school district.
       I am confident that the reauthorization of TEA-21 will be 
     an historic event because this piece of legislation indeed 
     relates to the No Child Left Behind initiative. All weather 
     and safe roads provide the means to get the children to 
     school on time. Absentees and tardiness are discouraged with 
     a reliable transportation to school. I urge your colleagues 
     to jump on the bandwagon and support the Indian School Bus 
     Route Safety Reauthorization Act of 2003. Please call me if 
     you have any questions.
           Sincerely,
                                                   Karen S. White,
     Acting Superintendent.
                                  ____

                                                The Navajo Nation,


                                         Rock Springs Chapter,

                                                   Yah-Ta-Hey, NM.

 Resolution of Rock Springs Chapter Eastern Navajo Agency--District 16

       Requesting and Recommending to the United States Senators, 
     Honorable Jeff Bingaman and Honorable Pete Dominci to 
     Reauthorize the TEA-21 Bill for Continued Funding to the 
     County of McKinley, State of New Mexico for Improvement of 
     School Bus Routes Leading to and within the Navajo Indian 
     Reservation which is Supported by Rock Springs Chapter 
     Community.
       Whereas:
       1. The Rock Springs Chapter is a certified chapter and 
     recognized by the Navajo Nation Council, pursuant to CAP-34-
     98, the Navajo Nation Council adopted the Navajo Nation Local 
     governance act (LGA) which directs local chapters to promote 
     all matters that affect the local community members and to 
     make appropriate decisions, recommendation and advocate on 
     their behalf, and;
       2. The Rock Springs Chapter is requesting and recommending 
     to the United States Senators, Honorable Jeff Bingaman and 
     Honorable Pete Dominci to Re-authorize the TEA-21 bill for 
     Continued funding to the County of McKinley, State of New 
     Mexico for improvement of school bus routes leading to and 
     within the Navajo Indian Reservation which is supported by 
     Rock Springs Chapter Community, and;
       3. The Rock Springs Chapter is established to plan, 
     promote, and coordinate the community, economic, and social 
     development for the community, including an oversight of 
     coordinator and support for federal, state, tribal, and other 
     programs and entities; and
       4. The Rock Springs Chapter Community are highly concerned 
     of their students attendance due to poor road conditions, 
     lack of improving and maintaining bus routes and how it 
     effects the daily transports of students as well as daily 
     travel for community members, and:
       5. There are vest miles of (dirt roads) school bus routes 
     that still require improvement. Poor roads contribute to poor 
     education, health issues, economic growth, unemployment, and 
     fatalities in our rural (community) county.
       Now, therefore be it
       Resolved:
       1. The Rock Springs Chapter strongly supports the foregoing 
     resolution to the United States Senators, Honorable Jeff 
     Bingaman and Honorable Pete Dominici to Re-authorize the TEA-
     21 Bill for Continued funding to the County of McKinley, 
     State of New Mexico for improvement of school bus routes 
     leading to and within the Navajo Indian Reservation.
       2. The Rock springs Chapter Community hereby supports the 
     continuation of improving and upgrading the vast miles of 
     dirt roads school bus routes.


                              certification

       We, hereby certify that the foregoing resolution was duly 
     presented and considered by the Rock Springs Chapter at duly 
     called chapter meeting at Rock Springs Chapter, New Mexico 
     (Navajo Nation) at which a quorum was present and the same 
     was passed with a vote of 33 in favor, 00 opposed and 00 
     abstained on this 18th of February, 2003.
     Raymond Emerson,
       Chapter President.
     Harriett K. Becenti,
       Council Delegate.
     Lucinda Roanhorse,
       Acting Community Services Coordinator.

[[Page S3184]]

     
                                  ____
                                   San Juan County Commission,

                                  Monticello, UT, January 6, 2003.
     Hon. Jeff Bingaman
     U.S. Senator, Washington, DC.
     Re: Indian School Bus Route Safety Reauthorization Act of 
         2003.

       Dear Senator Bingaman: San Juan County, Utah wants to 
     express our appreciation to you for your efforts to secure 
     funding to improve the Indian School Bus Routes. San Juan 
     County has approximately 25% of the total land area on the 
     Utah portion of the Navajo Nation.
       The County is currently maintaining 611 miles of roads on 
     the Navajo Nation. 357 miles are natural surface, 164 miles 
     are of a gravel surface and 90 miles are paved. Most of these 
     roads are used by school bus in the transportation of 
     students to and from the different schools.
       The County has three high schools that are operated by the 
     San Juan School District on the Utah portion of the Navajo 
     Nation (Whitehorse High School in Montezuma Creek, Monument 
     Valley High School in Monument Valley and Navajo Mountain 
     High School in Navajo Mountain). In addition, the school 
     district has two elementary schools located in Halchita, near 
     Mexican Hat and in Montezuma Creek. The Bureau of Indian 
     Affairs has two boarding schools that also operate within the 
     County boundaries at Aneth and Navajo Mountain. In addition 
     there are pre-schools that are located in Monument Valley, 
     Halchita, Toda, and montezuma Creek.
       One major example of these funds that have been previously 
     used was to pave the nearly six mile section of road in the 
     Navajo Mountain area. Navajo Mountain is an isolated 
     community located in the southwestern corner of San Juan 
     County. There is a single highway in and out of the 
     community, with the nearest community located over seventeen 
     miles to the south in Arizona. The road still is dirt for ten 
     miles south of the Utah boundary, but the County was able to 
     pave the road on the Utah side this past year making the road 
     passable year round and greatly improving the safety for the 
     students and residents.
       We would strongly encourage the 
     re-authorization of these funds for this important need.
       Very truly,
     Ty Lewis,
       Commissioner.
     Manuel Morgan,
       Commissioner.
     Lynn H. Stevens,
       Commissioner.
                                  ____



                                              San Juan County,

                                       Aztec, NM, January 9, 2003.
     Senator Jeff Bingaman,
     U.S. Senate,
     Washington, DC.
       Hon. Senator Bingaman:
       We are aware that Congress will be considering bills to 
     reauthorize the TEA-21 funding for local roads that provide 
     access to the Navajo Reservation. These funds are of special 
     significance to San Juan County.
       The Public Works Department of San Juan County regularly 
     maintains over 400 miles of roads that are adjacent to or 
     provide access to the Navajo Reservation. These roads are 
     critical to the population in the service areas. School buses 
     depend on our County workers to keep the roads maintained and 
     to provide other essential services.
       Over the past five years, we have received $953,688 from 
     the TEA-21 program for the maintenance of roads and bridges 
     in these areas. The assistance received under this program 
     will be crucial if we wish to continue to provide these much 
     needed services to the residents on the Navajo Reservation 
     and their visitors.
       I would like to thank you for your hard work on behalf of 
     the citizens on San Juan County and urge you to support 
     legislation that would extend the TEA-21 Program.
           Sincerely,
                                                    Tony Atkinson,
     County Manager.
                                  ____



                           Navajo County Board of Supervisors,

                                  Holbrook, AZ, December 18, 2002.
     Senator Jeff Bingaman,
     U.S. Senate,
     Washington, DC.

     Re: TEA-21 Funding for Maintenance of School Bus Routes.
       Dear Senator Bingaman: Navajo County has used the TEA-21 
     funding since its inception to maintain school bus routes 
     located on reservation lands within the county. In order to 
     best use these funds, we have entered into agreements with 
     the Bureau of Indian Affairs and various established school 
     districts. These agreements allow us to expand the budgets 
     for roads in the school districts and receive maximum benefit 
     for funds spent.
       The funding to date has been spent as follows: Funding of 
     road worker salaries--$63,226; Purchase of road working 
     equipment--$215,651; Purchase of road building materials--
     $173,313.
       The material, labor and equipment helps to maintain over 
     1,300 miles of school bus routes. Even though these funds are 
     extremely helpful, the current amount of funding is 
     inadequate to meet the needs that are encountered in these 
     remote lands.
       Navajo County fully supports your efforts to not only 
     continue the present funding, but also the efforts to 
     increase the annual amount. If this funding was not 
     available, the school children on the reservation would be 
     the ones who suffer.
       Please continue your efforts to enhance the TEA-21 funds. 
     If you need further information, please call me at (928) 524-
     4053.
           Sincerely,
                                                   Jesse Thompson,
     Supervisor.
                                  ____


Resolution of the Tri-State County Association (New Mexico, Arizona and 
                                 Utah)

       Whereas, the Tri-State County Association met on September 
     20, 2002, in St. Michael's Arizona, to discuss the proposed 
     Bill by Senator Jeff Bingaman cited as the ``Tribal 
     Transportation Program Improvement Act of 2002''; and,
       Whereas, Counties in New Mexico, Arizona and Utah, are 
     faced with maintaining miles of unpaved roads serving 
     Federally owned land or Indian Reservations; and
       Whereas, Section 1214 of Transportation Equity Act for the 
     21st Century priovided $1.5 Million per year beginning 
     October 1, 1998, for six years; to eligible Counties to 
     maintain public raods which provide access to an Indian 
     Reservation or is used by school buses to transport children 
     to Headstart Programs; and,
       Whereas, Congress has designated the Secretary of 
     Transportation to divide each fiscal year the $1.5 Million 
     equally between the States of New Mexico, Arizona and Utah, 
     through the State Highway Department of State Department of 
     Transportation to eligible Counties (San Juan and McKinley, 
     NM; Navajo, Apache, Coconino, AZ; and San Juan, UT.); and,
       Whereas, Each County receiving the special appropriation 
     were able to complete additional schools bus route 
     improvements on roads that would not have been improved 
     otherwise; and
       Whereas, the need for school bus route improvements greatly 
     exceed the annual allocation provided for each County and the 
     allocation should be increased under the reauthorization of 
     the Transportation Bill.
       Now, therefore be it
       Resolved, by the Tri-State County Association, to support 
     the ``Tribal Transportation Program Improvement Act of 
     2002,'' as proposed by Senator Jeff Bingaman, which includes 
     additional funding for maintenance of school bus routes on 
     Indian Reservations.
                                  ____


                 State of New Mexico County of McKinley

       Whereas, the Board of Commissioners did meet in regular 
     session on February 27, 2001; and
       Whereas, Section 1214(d) of the Transportation Equity Act 
     for the 21st Century (TEA-21) provides additional funding for 
     States that have within their boundaries all or part of an 
     Indian Reservation having a land area of 10,000,000 acres or 
     more; and,
       Whereas, the only Indian Reservation meeting this criteria 
     is the Navajo Indian Reservation in Arizona, New Mexico and 
     Utah; and ,
       Whereas, the three States equally divide the $1,500,000 
     among the various Counties to maintain public roads which are 
     within, adjacent to, or accessing the Navajo Indian 
     Reservation which are used to transport children to or from a 
     school or Headstart Program and are maintained by the County; 
     and
       Whereas, McKinley County has demonstrated the fiscal 
     capacity to implement and administer funds allocated through 
     the New Mexico State Highway and Transportation Department to 
     complete 19.3 miles through FY-00.
       Now therefore be it
       Resolved, by the Board of Commissioners or McKinley County, 
     to request Congressional support to increase the allocation 
     under Section 1214(d) of the Transportation Equity Act for 
     the 21st Century (TEA-210 to improve school bus routes 
     within, adjacent to, or accessing, the Navajo Reservation 
     after FY-03.
                                 ______