[Congressional Record Volume 151, Number 36 (Monday, April 4, 2005)]
[Senate]
[Pages S3151-S3152]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 690. A bill to amend the Transportation Equity Act for the 21st 
Century to provide for the Highway Trust Fund additional funding for 
Indian reservation roads, and for other purposes; to the Committee on 
Indian Affairs.
  Mr. DOMENICI. Mr. President, I rise today to introduce the ``American 
Indian Reservation Transportation Improvement Program Act.'' This act 
will provide the people of Indian Country with the resources they need 
to upgrade their decaying road system.
  In 1982, when I served on the Senate Environment and Public Works 
Committee, several members of the Navajo Nation Tribal Council 
Committee on Transportation approached me with an interesting 
proposition. These Navajo Councilmen believed the time had come for 
Indian tribes to participate directly in our National Highway Trust 
Fund programs.
  I agreed with these gentlemen, the Senate agreed with me, and the 
Congress and President Reagan approved Indian tribal participation in 
the U.S. Department of Transportation highway construction program for 
the first time in our Nation's history.
  By the mid-1980s, Indian Reservation Roads, IRR, funding was at about 
$100 million per year nationwide. By the late 1980s, however, IRR 
funding fell to about $80 million per year. In the Intermodal Surface 
Transportation Efficiency Act, ISTEA, for the 1990s, we were able to 
raise this critical highway construction funding to about $190 million 
per year.
  Then, in TEA-21, The Transportation Equity Act for the 21st Century, 
we succeeded in bringing annual IRR funding up to $275 million for 
fiscal years 1999 through 2003.
  As we seek to promote economic opportunities on our Nation's tribal 
reservations, I believe it is imperative that we once again increase 
this vital infrastructure funding. I am aware that many groups have 
advocated for much greater increases in funding for Indian Reservation 
Roads. While I am sympathetic to the need for such large increases, I 
am keenly aware of competing needs around the country for medical 
research, economic stimulus, and for our national defense, to name just 
a few. Therefore, I am compelled to recommend increases for the IRR 
program that are more likely to win acceptance among my colleagues.
  For highway construction, I am recommending an immediate increase of 
$55 million in the first year to a new total of $330 million. My bill 
would then increase the amount for construction by $30 million each 
year so that the program receives $480 million in the final year of the 
authorization. For the Indian bridge program, I am recommending $15 
million per year, an increase of $6 million annually. And for state 
roads that serve as key bus routes for Indian children, primarily on 
our Nation's largest Indian reservation--the Navajo Nation--I am 
recommending increasing this vital funding from $1.5 million per year 
to $3 million to retroactively fund fiscal years 2004 and 2005, to $4 
million in fiscal years 2006 and 2007, and $5 million for fiscal years 
2008 and 2009.
  My final recommendation is to create a rural transit program for 
Indian reservations. Because the Federal Highway Administration and the 
Federal Transit Administration each have their areas of expertise that 
can make such a program a success, my legislation will require the two 
agencies to work together for the benefit of the tribes who participate 
in this program. My suggestion is to fund this program at $20 million.
  In closing, I thank the Navajo Nation Transportation Committee and 
the tribal transportation department for keeping me informed of their 
progress and continuing needs. I believe my bill will be a positive 
answer to their requests. In addition, the Pueblo Indians and Apache 
Indians of New Mexico have continuing development needs, including new 
and improved roads to reach their many attractions for tourists and 
other visitors.
  I ask my colleagues to join me in increasing the Indian Reservation 
Roads program funds in our Federal highways programs to the degree I 
have requested in this bill. I thank my colleagues and urge their 
support for these increases as we reauthorize TEA-21 for 6 more years.
  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. 690

       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 ``American Indian Reservation 
     Transportation Improvement Program Act''.

     SEC. 2. 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) $330,000,000 for fiscal year 2004;
       ``(iv) $360,000,000 for fiscal year 2005;
       ``(v) $390,000,000 for fiscal year 2006;
       ``(vi) $420,000,000 for fiscal year 2007;
       ``(vii) $450,000,000 for fiscal year 2008; and
       ``(viii) $480,000,000 for fiscal year 2009.''.
       (b) Additional Authorization of Contract Authority for 
     States With Indian Reservations.--Section 1214(d)(5)(A) of 
     the Transportation Equity Act for the 21st Century (23 U.S.C. 
     202 note; 112 Stat. 206) is amended by inserting before the 
     period at the end the following: ``, $3,000,000 for each of 
     fiscal years 2004 and 2005, $4,000,000 for each of fiscal 
     years 2006 and 2007, and $5,000,000 for each of fiscal years 
     2008 and 2009''.
       (c) Indian Reservation Road Bridges.--Section 202(d)(4)(B) 
     of title 23, United States Code, is amended--
       (1) 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, 
     preconstruction, construction, and inspection of projects to 
     replace,''; and
       (2) by adding at the end the following:
       ``(ii) Availability.--Funds made available to carry out 
     this subparagraph--

       ``(I) shall be available for obligation in the same manner 
     as if the funds were apportioned under chapter 1; and
       ``(II) shall not be used to pay any administrative 
     costs.''.

     SEC. 3. 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) Definitions.--In this subsection:
       ``(A) 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).
       ``(B) Reservation.--The term `reservation' means--
       ``(i) an Indian reservation in existence as of the date of 
     enactment of this subsection;
       ``(ii) a public domain Indian allotment; and
       ``(iii) an Indian reservation in the State of Oklahoma that 
     existed at any time before, but is no longer in existence as 
     of, the date of enactment of this subsection.
       ``(C) Secretary.--The term `Secretary' means the Secretary 
     of Transportation, acting through the Administrator of the 
     Federal Highway Administration.
       ``(2) Program.--The Secretary 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.
       ``(3) Cooperation.--The Secretary shall--
       ``(A) establish and maintain intra-agency cooperation 
     between the Federal Highway Administration and the Federal 
     Transit Administration in--
       ``(i) administering tribal transit programs funded by the 
     Federal Highway Administration; and
       ``(ii) exploring options for the transfer of funds from the 
     Federal Highway Administration to the Federal Transit 
     Administration

[[Page S3152]]

     for the direct funding of tribal transit programs; and
       ``(B) establish and maintain working relationships with 
     representatives of regional tribal technical assistance 
     programs to ensure proper administration of ongoing and 
     future tribal transit programs carried out using Federal 
     funds.
       ``(4) 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 shall use $20,000,000 to carry out this 
     subsection.''.
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