[Congressional Record Volume 149, Number 50 (Thursday, March 27, 2003)]
[Senate]
[Pages S4514-S4518]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mrs. Feinstein, Mr. Dayton, and Mr. 
        Leahy):
  S. 725. A bill to amend the Transportation Equity Act for the 21st 
Century to provide from the Highway Trust Fund additional funding for 
Indian reservation roads, and for other purposes; to the Committee on 
Indian Affairs.
  Mr. BINGAMAN. Mr. President, I am very pleased today to introduce the 
Tribal Transportation Program Improvement Act of 2003. The bill is 
cosponsored by Senators Feinstein, Dayton, and Leahy.
  The goal of this legislation is to help provide safe and efficient 
transportation throughout Indian country. At the same time, this bill 
will help promote economic development, self-determination, and 
employment of Indians and Alaska Natives.
  Roads that serve Indian Country are part of one single national 
transportation network and Congress has long recognized the importance 
of improving transportation in Indian Country. I believe the Federal 
Government has an obligation to provide safe and efficient 
transportation for all tribes. Indians pay the same Federal gasoline, 
tire, and other taxes, as all other Americans and are entitled to the 
same quality of transportation.
  This bill is a 6-year reauthorization and improvement of the Indian 
Reservation Roads program, which funds transportation programs for all 
tribes. This year, Congress must reauthorize the IRR program, along 
with all other transportation programs in TEA-21. I am introducing the 
bill today as the first step in the reauthorization process.
  The Indian Reservation Roads Program was established in 1928, and in 
1946 the BIA and the FHWA executed the first memorandum of agreement 
for joint administration of the program. Since 1982, funding for tribal 
transportation programs has been provided from the federal Highway 
Trust Fund. Major changes to the program were again made in 1998 as 
part of TEA-21.
  Today, the Indian Reservation Roads program serves more than 560 
federally recognized Indian tribes and Alaskan native villages in 33 
States. The IRR system comprises 25,700 miles of BIA and tribally owned 
roads and another 25,600 miles of State, county, and local government 
public roads. There are also 4,115 bridges on the IRR system, and one 
ferryboat operation, the Inchelium-Gifford Ferry in Washington State.
  Of the 25,700 miles of BIA and tribal roads on the IRR system, only 
about one quarter are paved. Of the 25,600 miles of State, county, or 
local government IRR roads, about 40 percent are paved. In total, over 
two-thirds of all IRR roads remain unpaved. Many of these unpaved roads 
are not passable in bad weather. In addition, about 140 of the 753 
bridges owned by the BIA are currently rated as deficient.
  Some of the roads on tribal lands resemble roads in third-world 
countries. Some are little more than wheel tracks. Even though the IRR 
system has perhaps the most rudimentary infrastructure of any 
transportation network in the country, over 2 billion vehicle miles are 
annually traveled on the system.
  According to the Federal Highway Administration's most recent 
assessment of the nation's highways, bridges, and transit, only 34 
percent of paved IRR roads are rated in good condition, 37 percent are 
rated only fair, and 29 percent are rated poor. Of course, these 
ratings apply only to the paved roads on the IRR system, not the 33,000 
miles of dirt and gravel roads.
  The poor road quality also has a serious impact on highway safety. 
According to FHWA, the highway fatality

[[Page S4515]]

rate on Indian Reservation Roads is four times above the national 
average. Automobile accidents are the number one cause of death among 
young American Indians.
  Reflecting the current poor state of roads throughout Indian country, 
FHWA now estimates the backlog of improvement needs for IRR roads at a 
whopping $6.8 billion.
  The current authorized funding level for IRR is $275 million from the 
highway trust fund. As required in TEA-21, the BIA distributes highway 
funding to federally recognized tribes each year using a relative need 
formula. This formula reflects the cost to improve eligible roads, road 
usage, and population of each tribe. Some modifications to the formula 
are currently being made as part of a negotiated rule making.
  I hope all Senators recognize the broad scope of the IRR program and 
its impact on 33 of the 50 States. I'd like to read a list of the 
fiscal year 2002 distribution of IRR funding in the States that have 
tribal roads and ask unanimous consent that the table be printed in the 
Record.
  There being no objection, the table was ordered to be printed in the 
Record, as follows:


 Exhibit 1.--Approximate distribution of FY02 Indian Reservation Road 
                                Funding


                                                             FY2002 IRR
        State                                         Funding to Tribes
Arizona......................................................56,100,000
Oklahoma.....................................................34,000,000
New Mexico...................................................31,900,000
Alaska.......................................................18,500,000
Montana......................................................13,600,000
South Dakota.................................................11,700,000
Washington...................................................10,100,000
Wisconsin.....................................................6,600,000
North Dakota..................................................6,500,000
Minnesota.....................................................5,780,000
California....................................................5,100,000
Oregon........................................................3,900,000
Utah..........................................................2,970,000
Idaho.........................................................2,850,000
Wyoming.......................................................2,070,000
Michigan......................................................1,560,000
Nevada........................................................1,290,000
North Carolina................................................1,190,000
Colorado......................................................1,100,000
New York........................................................949,000
Maine...........................................................890,000
Kansas..........................................................851,000
Mississippi.....................................................706,000
Nebraska........................................................626,000
Florida.........................................................550,000
Texas...........................................................220,000
Louisiana.......................................................197,000
Rhode Island....................................................162,000
Iowa............................................................126,000
Alabama.........................................................100,000
South Carolina...................................................89,000
Connecticut......................................................83,000
Massachusetts....................................................47,000

Source: BIA. Data are approximate because some reservations and roads 
extend into more than one state.

  I know every Senator is keenly aware of the importance of 
transportation to the basic quality of life and economic development of 
a region. Safe roads are essential for children to get to school, for 
sick and elderly to receive basic health and medical treatment, and for 
food and other necessities to move to shops and to consumers. Moreover, 
transportation is critical to any community's efforts to sustain robust 
economies and to attract new jobs and businesses.
  Unfortunately, most tribes today lack the basic road systems that 
most of us take for granted. Indian communities continue to lag behind 
the rest of the Nation in quality of life and economic vitality. 
Unemployment rates in Indian country frequently top 50 percent and 
poverty rates often exceed 40 percent.
  The limited availability of housing and jobs on the reservation 
forces people to commute long distances everyday for work, school, 
health care, basic government services, shopping, or even to obtain 
drinking water.
  I'd now like to take a moment to discuss the impact of the Indian 
Reservation Roads Program on just one tribe, the Navajo Nation. I think 
most Senators know that Navajo is the largest federally recognized 
Indian tribe. The current membership is about 280,000 people. By 
itself, Navajo lands hold about one quarter of the entire Indian 
Reservation Roads program.
  The Navajo Reservation covers 17.1 million acres in the States of 
Arizona, New Mexico, and Utah. It is roughly the size of the State of 
West Virginia. The reservation includes the three satellite communities 
of Alamo, Ramah, and To'hajiilee in New Mexico.
  According to BIA, the Navajo IRR system includes 9,800 miles of 
public roads, or about 20 percent of all IRR roads. However, 78 percent 
of the roads within Navajo are unpaved. Because of the nature of the 
soil and terrain, many of the unpaved roads are impassable after snow 
or rain. Navajo estimates a current backlog of road construction 
projects totaling $2 billion.
  The safety of bridges is also a continuing concern on the Navajo 
reservation. Of the 173 bridges on Navajo, 51 are rated deficient. Of 
the deficient bridges, 27 must be completely replaced and the rest need 
major rehabilitation.
  The Navajo Nation also operates a transit system with 14 buses and 
three vans. The system carries 75,000 passengers each year. The system 
serves both Navajo people as well as the nearby communities of Gallup, 
Farmington, Flagstaff, and Winslow.
  Finally, the few roads that are being built on the Navajo Reservation 
are not being properly maintained. Funding for road maintenance is not 
part of the IRR program. Instead road maintenance is funded each year 
as part of the BIA's annual appropriation bill. Unfortunately, BIA's 
budget lags woefully behind the need for road maintenance. Each year 
the Navajo Region of BIA requests about $32 million to maintain about 
6000 miles of roads, but receives only about $6 million, or about 20 
percent of the funds needed just to maintain the existing roads.
  The bill I am introducing today will begin to address this crushing 
need for road construction and transit programs throughout Indian 
Country. The bill will benefit all tribes, both large and small. I'd 
like to briefly summarize the major provisions of the bill.
  First, the bill increases funding for the Indian Reservation Roads 
program to $2.775 billion for the six years from 2004 to 2009. Under 
TEA-21, the IRR program is currently authorized for $275 million per 
year. This level represents less than 1 percent of annual federal 
funding for road construction and rehabilitation. However, the 50,000 
miles of the IRR system represent about 5 percent of the Nation's 
957,000 miles of Federal-aid highways. I do believe the substantial 
increase in IRR funding in my bill is fully justified based on the very 
poor condition of so many IRR roads as well as the importance of 
transportation to economic development in Indian country.
  Second, the bill removes the obligation limitation from the Indian 
Reservation Roads program. This funding limitation was first applied to 
the IRR program in 1998 in TEA-21, and over the six years of TEA-21 the 
limitation will have cut about $31 million per year in much-needed 
funding out of IRR. The reduction for 2003 is about $36 million. The 
IRR was not subject to any obligation limitation from 1983 to 1997, and 
my bill restores the program to the status it had before 1998.
  Third, the bill restores the Indian Reservation Bridge Program with 
separate funding of $90 million over six years. TEA-21 had eliminated 
separate funding for the Indian reservation bridge program in 1998. In 
addition, the bill streamlines the bridge program by expanding the 
allowable uses of bridge funding to include planning, design, 
engineering, construction, and inspection of Indian reservation road 
bridges.
  Fourth, the bill increases the current limit for tribal 
transportation planning from 2 percent to 4 percent. These funds will 
be used by tribes to compile important transportation data and to 
forecast their future transportation needs and long-range plans. Many 
of the tribes have indicated they currently don't have funding for 
administrative capacity building, and the additional planning funds in 
my bill would address this need.
  Fifth, TEA-21 established a negotiated rule making for distribution 
of funds based on the relative needs of each tribe for transportation. 
To ensure the distribution is tied to actual needs, my bill requires 
the Secretary of Transportation to verify the existence of all roads 
that are part of the Indian reservation road system.
  Sixth, the bill establishes a pilot program, in accordance with the 
Indian Self-Determination and Education Act, P.L. 93-638, authorizing 
12 tribes to contract directly with FHWA for IRR funding to improve 
efficiency and streamline the administration of the program. The 12 
tribes will be selected to ensure representation from each region of 
the country.
  Seventh, the bill establishes a new six-year, $120 million tribal 
transportation safety program. Tribes may

[[Page S4516]]

apply directly to the Department of Transportation for grants to 
improve transportation safety. The program parallels existing safety 
programs for the states.
  Eighth, I propose a new tribal transit program to provide direct 
funding to tribes from the Federal Transit Administration. The new 
program would parallel the existing Indian Reservation Roads program 
funded through FHWA. In general, while States may allocate to tribal 
areas some of their transit funding under the existing formula grant 
programs for transit for elderly and disabled, section 5210, and for 
non-urbanized areas, section 5311, they rarely do so. Because the 
tribes are at a disadvantage in having to compete for funding within 
the States, I believe we need a direct funding program to allow tribes 
to provide better transit services to young people, elderly, and others 
who lack access to private vehicles. The bill sets aside a very modest 
level of funding of $120 million over six years for the new tribal 
transit program.

  Ninth, the bill states the sense of Congress that the BIA should have 
sufficient funding to maintain all roads on the Indian Reservation 
Roads system. Maintenance of IRR roads is a Federal responsibility and 
adequate funding is needed to protect the Federal investment in 
transportation infrastructure. Federal funding for road maintenance is 
provided through the BIA's annual appropriations bill. Unfortunately, 
year after year, the Appropriations Committees have failed to provide 
adequate funding for maintenance. Funding for BIA's road maintenance 
program has typically been around $25 million per year about one-fifth 
of the level needed to protect the federal investment in IRR roads.
  The IRR system doesn't just serve Indian communities, but also 
visitors, including tourists, recreational, commercial and industrial 
users of roads and transit throughout Indian country. For the tribes, 
transportation is an important contributor to economic development, 
self-determination, and employment for all Indian communities. This 
bill represents a very modest, but important step toward providing 
basic transportation services throughout Indian country.
  The proposals in my bill are similar to many of the recommendations 
of the National Congress of American Indians' TEA-21 Reauthorization 
Task Force.
  I well appreciate that tribes in different regions of the country may 
have different views and proposals on how best to improve Indian 
transportation programs. I see my bill as just the first step in a 
yearlong process leading up to the reauthorization of TEA-21.
  It is essential that we begin this process as soon as possible 
because I believe the tribes are being shortchanged in annual federal 
funding. I was disappointed this year when the appropriations committee 
cut the funding for the IRR program in fiscal year 2003 to $238 
million, about $40 million below the 2002 level. At the same time, 
FY2003 highway funding for the states was increased slightly above the 
2002 level. I believe this year's reduction in IRR funding may reflect 
a lack of understanding on the part of many senators of the current 
poor state of transportation in Indian Country.
  To try to raise awareness, last year I circulated a ``dear 
colleague'' letter to the Chair and Ranking Members of the 
Transportation Appropriations Subcommittee to urge them to fund the IRR 
program at the full $275 million authorized level. The bipartisan 
letter, signed by eleven of my colleagues, laid out the case for full 
funding of the tribal transportation program in 2003.
  My goal in introducing the bill today is to start the process of 
improving IRR as soon as possible. The tribes cannot bear another cut 
in funding like occurred in 2003.
  I hope that Chairman Campbell and Vice Chairman Inouye of the 
Committee on Indian Affairs will soon hold hearings on the 
reauthorization of the Indian Reservation Roads Program. I look forward 
to working with them and the other members of the committee on 
developing a consensus proposal that is fair to all tribes.
  I ask unanimous consent that the text of the bill and the bipartisan 
letter be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 725

       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 ``Tribal Transportation 
     Program Improvement Act of 2003''.

     SEC. 2. FINDINGS AND PURPOSE.

       (A) Findings.--Congress finds that--
       (1) because many Indian tribes are located in remote areas, 
     transportation is particularly important to the basic quality 
     of life and economic development of Indian tribes;
       (2) safe roads are essential for--
       (A) Indian children to travel to and from school;
       (B) sick and elderly individuals to receive basic health 
     care and medical treatment; and
       (C) food and other necessities to be delivered to shops and 
     consumers;
       (3) transportation is critical to the efforts of Indian 
     tribes to--
       (A) sustain robust economies; and
       (B) attract new jobs and businesses;
       (4) most Indian tribes lack the basic transportation 
     systems that other people in the United States take for 
     granted;
       (5) Indian communities continue to lag behind the rest of 
     the United States in quality of life and economic vitality;
       (6) unemployment rates in Indian country frequently exceed 
     50 percent, and poverty rates often exceed 40 percent;
       (7) the limited availability of housing and jobs on Indian 
     reservations forces people to commute long distances each day 
     to travel to work or school, obtain health care, take 
     advantage of basic government services, go shopping, or even 
     obtain drinking water;
       (8) the Indian reservation roads system established under 
     title 23, United States Code, comprises more than 50,000 
     miles of roads under the jurisdiction of the Bureau of Indian 
     Affairs and tribal, State, county, and local governments;
       (9) more than \2/3\ of those roads are not paved, and many 
     resemble roads in third-world countries;
       (10) as of the date of enactment of this Act, approximately 
     140 of the 753 bridges under the jurisdiction of the Bureau 
     of Indian Affairs are rated as being deficient;
       (11) The Indian reservation roads system serves both 
     Indians and the general public and is part of a unified 
     national road network;
       (12) even though the Indian reservation roads system is 
     perhaps the most rudimentary of any transportation network in 
     the United States, more than 2,000,000,000 vehicle miles are 
     traveled annually on the system;
       (13) the poor quality of so many Indian reservation roads 
     has a serious impact on high safety;
       (14) according to the Federal Highway Administration, the 
     highway fatality rate on Indian reservation roads is 4 times 
     the national average highway fatality rate on all roads;
       (15) automobile accidents are the primary cause of death 
     for young Indian individuals; and
       (16) the Federal Highway Administration estimates the 
     backlog of improvement needs for Indian reservation roads at 
     approximately $6,800,000,000.
       (b) Purpose.--The purpose of this Act is to reauthorize, 
     expand, and streamline the Indian reservation roads program 
     to improve transportation safety and better meet the needs of 
     Indian individuals and other members of the traveling public.

     SEC. 3. INDIAN RESERVATION ROADS.

       (a) Authorization of Appropriations.--Section 1101(a)(8)(A) 
     of the Transportation Equity Act for the 21st Century (112 
     Stat. 112) is amended by striking ``of such title'' and all 
     that follows and inserting ``of that title--
       ``(i) $225,000,000 for fiscal year 1998;
       ``(ii) $275,000,000 for each of fiscal years 1999 through 
     2003;
       ``(iii) $350,000,000 for fiscal year 2004;
       ``(iv) $425,000,000 for fiscal year 2005; and
       ``(v) $500,000,000 for each of fiscal years 2006 through 
     2009.''.
       (b) Obligation Ceiling.--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 ``distribute obligation'' and inserting the 
     following: ``distribute--
       ``(A) obligation'';
       (2) by inserting ``and'' after the semicolon at the end; 
     and
       (3) by adding at the end the following:
       ``(B) for any fiscal year after fiscal year 2003, any 
     amount of obligation authority made available for Indian 
     reservation road bridges under section 202(d)(4), and for 
     Indian reservation roads under section 204, of title 23, 
     United States Code;''.
       (c) Indian Reservation Road Bridges.--Section 202(d)(4) of 
     title 23, United States Code, is amended--
       (1) in subparagraph (B)--
       (A) by striking ``(B) Reservation.--Of the amounts'' and 
     all that follows through ``to replace,'' and inserting the 
     following:
       ``(B) Funding.--
       ``(i) Reservation of Funds.--Notwithstanding any other 
     provision of law, there is authorized to be appropriated from 
     the Highway Trust Fund $15,000,000 for each of fiscal years 
     2004 through 2009 to carry out planning, design, engineering, 
     construction, and inspection of projects to replace,''; and

[[Page S4517]]

       (B) by adding at the end the following:
       ``(ii) Availability.--Funds made available to carry out 
     this subparagraph shall be available for obligation in the 
     same manner as if the funds were apportioned under chapter 
     1.''; and
       (2) in subparagraph (D)--
       (A) by striking ``(D) Approval requirement.--'' and 
     inserting the following:
       ``(D) Approval and need require-
     ments.--''; and
       (B) by striking ``only on approval of the plans, 
     specifications, and estimates by the Secretary.'' and 
     inserting ``only--
       ``(i) on approval by the Secretary of plans, 
     specifications, and estimates relating to the projects; and
       ``(ii) in amounts directly proportional to the actual need 
     of each Indian reservation, as determined by the Secretary 
     based on the number of deficient bridges on each reservation 
     and the projected cost of rehabilitation of those bridges.''.
       (d) Fair and Equitable Distribution.--Section 202(d) of 
     title 23, United States Code, is amended by adding at the end 
     the following:
       ``(5) Fair and equitable distribution.--To ensure that the 
     distribution of funds to an Indian tribe under this 
     subsection is fair, equitable, and based on valid 
     transportation needs of the Indian tribe, the Secretary 
     shall--
       ``(A) verify the existence, as of the date of the 
     distribution, of all roads that are part of the Indian 
     reservation road system; and
       ``(B) distribute funds based only on those roads.''.
       (e) Indian Reservation Road Planning.--Section 204(j) of 
     title 23, United States Code, is amended in the first 
     sentence by striking ``2 percent'' and inserting ``4 
     percent''.

     SEC. 4. FEDERAL LANDS HIGHWAY PROGRAM 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 sub-clause 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 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 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.''.

     SEC. 5. TRIBAL TRANSPORTATION SAFETY PROGRAM.

       (a) In General.--Chapter 4 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 412. TRIBAL TRANSPORTATION SAFETY PROGRAM

       ``(a) Definition of Indian Tribe.--In this section, 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).
       ``(b) Program.--
       ``(1) In general.--The Secretary shall carry out a program 
     to provide to eligible Indian tribes (as determined by the 
     Secretary) competitive grants for use in establishing tribal 
     transportation safety programs on--
       ``(A) Indian reservations; and
       ``(B) other land under the jurisdiction of an Indian tribe.
       ``(2) Use of funds.--Funds from a grant provided under 
     paragraph (1) may be used to carry out a project or 
     activity--
       ``(A) to prevent the operation of motor vehicles by 
     intoxicated individuals;
       ``(B) to promote increased seat belt use rates;
       ``(C) to eliminate hazardous locations on, or hazardous 
     sections or elements of--
       ``(i) a public road;
       ``(ii) a public surface transportation facility;
       ``(iii) a publicly-owned bicycle or pedestrian pathway or 
     trail; or
       ``(iv) a traffic calming measure;
       ``(D) to eliminate hazards relating to railway-highway 
     crossings; or
       ``(E) to increase transportation safety by any other means, 
     as determined by the Secretary.
       ``(c) Federal Share.--The federal share of the cost of 
     carrying out the program under this section shall be 100 
     percent.
       ``(d) Funding.--Notwithstanding any other provision of law, 
     there are authorized to be appropriated from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this section--
       ``(1) $10,000,000 for each of fiscal years 2004 and 2005;
       ``(2) $20,000,000 for each of fiscal years 2006 and 2007; 
     and
       ``(3) $30,000,000 for each of fiscal years 2008 and 
     2009.''.
       (b) Conforming Amendment.--The analysis for chapter 4 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 411 the following:

``412. Tribal Transportation Safety Program.''.

     SEC. 6. INDIAN RESERVATION RURAL TRANSIT PROGRAM.

       Section 5311 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(k) Indian Reservation Rural Transit Program.--
       ``(1) Definition of indian tribe.--In this subsection, 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).
       ``(2) Program.--
       ``(A) In general.--The Secretary of Transportation shall 
     establish and carry out a program to provide competitive 
     grants to Indian tribes to establish rural transit programs 
     on reservations or other land under the jurisdiction of the 
     Indian tribes.
       ``(B) Amount of grants.--The amount of a grant provided to 
     an Indian tribe under subparagraph (A) shall be based on the 
     need of the Indian tribe, as determined by the Secretary 
     of Transportation.
       ``(3) Funding.--Notwithstanding any other provision of law, 
     for each fiscal year, of the amount made available to carry 
     out this section under section 5338 for the fiscal year, the 
     Secretary of Transportation shall use $20,000,000 to carry 
     out this subsection.''.

     SEC. 7. SENSE OF CONGRESS REGARDING INDIAN RESERVATION ROADS.

       (a) Findings.--Congress finds that--
       (1) the maintenance of roads on Indian reservations is a 
     responsibility of the Bureau of Indian Affairs;
       (2) amounts made available by the Federal Government as of 
     the date of enactment of this Act for maintenance of roads on 
     Indian reservations under section 204(c) of title 23, United 
     States Code, comprise only 30 percent of the annual amount of 
     funding needed for maintenance of roads on Indian 
     reservations in the United States; and
       (3) any amounts made available for construction of roads on 
     Indian reservations will be wasted if those roads are not 
     properly maintained.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress should annually provide to the Bureau of Indian 
     Affairs such funding as is necessary to carry out all 
     maintenance of roads on Indian reservations in the United 
     States.


                                                  U.S. Senate,

                                   Washington, DC, April 26, 2002.
     Hon. Patty Murray,
     Chairman, Senate Appropriations Subcommittee on 
         Transportation, Dirksen Senate Office Building, 
         Washington, DC.
     Hon. Richard C. Shelby,
     Ranking Member, Senate Appropriations Subcommittee on 
         Transportation, Hart Senate Office Building, Washington, 
         DC.
       Dear Chairman Murray and Senator Shelby: We are writing to 
     ask you to provide

[[Page S4518]]

     at least $275 million in funding in the Fiscal Year 2003 
     Transportation Appropriations bill for the Indian Reservation 
     Roads Program. This program plays a critical role in economic 
     development, self-determination, and employment of Native 
     Americans in 33 states, including Alaska Native Villages.
       The IRR system comprises 52,738 miles of road. Half are BIA 
     and tribally owned roads and half are state, county and local 
     government roads. The system includes 4,152 bridges and also 
     one ferryboat. More than 2 billion vehicle miles are traveled 
     on the IRR system each year. Unfortunately, many of the roads 
     are among the worst in the nation. Over two-thirds of the 
     system is unimproved earth and gravel roads and about one-
     quarter of the bridges are rated deficient.
       The Federal Highway Administration described the state of 
     roads on reservations in its 1999 study of the nation's 
     highways and bridges: ``Some of the isolation (of Native 
     American communities) is perpetuated by a lack of 
     transportation facilities . . . Except for a few tribes with 
     oil and mineral resources, or recreational operations, nearly 
     all reservations are among the most economically depressed 
     areas of the country . . . Some tribal governments have been 
     successful in initiating economic development activities, 
     including small industries . . . These require a viable 
     Indian Reservation Roads (IRR) system.''
       In 1998, Congress reauthorized the Indian Reservation Road 
     Program as part of Transportation Efficiency Act for the 21st 
     Century (TEA-21). Recognizing the huge backlog in basic 
     highway and transportation needs in Indian Country, the 
     authorized funding level was increased from $191 million per 
     year to $275 million. Last year the Transportation 
     Appropriations Act provided $279 million. We very much 
     appreciate your subcommittee's efforts in FY2002 to fund this 
     program at the higher level.
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