[Congressional Record Volume 155, Number 55 (Wednesday, April 1, 2009)]
[Senate]
[Pages S4174-S4175]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Bennett, Mr. Udall of New 
        Mexico, Mr. Kyl, and Mr. Hatch):
  S. 759. A bill to amend the Transportation Equity Act for the 21st 
Century to reauthorize a provision relating to additional contract 
authority for States with Indian reservations; to the Committee on 
Environment and Public Works.
  Mr. BINGAMAN. Mr. President, I rise today with my distinguished 
colleagues Senators Bennett, Udall, Kyl, and Hatch to introduce the 
Indian School Bus Route Safety Reauthorization Act of 2009. This bill 
continues an important Federal program begun in 1998 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 roads 
that were often impassable 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 9,700 miles of 
public roads serve the Navajo nation. Only about one-third of these 
roads are paved. The remaining 6,500 miles, 67 percent, are dirt roads. 
Every day school buses use nearly all of these roads to transport 
Navajo children to and from school.
  About 6,200 miles of the roads on the Navajo reservation are BIA 
roads, and about 3,300 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 and tribal roads are 
eligible for Federal maintenance funding from BIA. Moreover, 
construction funding and improvement funding from the Federal Lands 
Highways Program in SAFETEA 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 3 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, \3/4\ 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

[[Page S4175]]

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, Utah, 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 pre-schools.
  The situation is similar in neighboring San Juan County, New Mexico, 
and Apache, Navajo, and Coconino Counties, Arizona. In light of the 
counties' limited resources, I do believe the Federal 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 school buses do not 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. In 2005, the program was reauthorized in 
SAFETEA through 2009. Under this provision, $1.8 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 the reservation, that are on the State or county 
maintenance system, and that are used by school buses.
  This program has been very successful. For the last 12 years, the 
counties have used the annual funding to help maintain the routes used 
by school buses to carry children to school and to Headstart programs. 
I have had an opportunity to see firsthand the importance of this 
funding when I rode in a school bus 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, for fiscal years 2010 through 2015, 
with a modest increase in the annual funding to allow for inflation and 
for additional roads to be maintained in each of the 3 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 do not believe any child wanting to get to and from school should 
have to risk or tolerate unsafe roads. Kids today, particularly in 
rural and remote areas, face enough barriers to getting a good 
education. The Senate already passed this legislation last year. I ask 
all Senators to join me again this year in assuring that Navajo 
schoolchildren at least have a chance to get to school safely and get 
an education.
  I look forward to working with Chairman Boxer and Ranking Member 
Inhofe of the Environment and Public Works Committee, and Chairman 
Baucus and Ranking Member Voinovich of the Transportation and 
Infrastructure Subcommittee, to incorporate this legislation once again 
into the comprehensive 6-year reauthorization of the surface 
transportation programs.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 759

       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 2009''.

     SEC. 2. REAUTHORIZATION OF ADDITIONAL 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; 119 
     Stat. 1460) is amended by striking ``$1,800,000 for each of 
     fiscal years 2005 through 2009'' and inserting ``$2,000,000 
     for each of fiscal years 2010 through 2015''.

  Mr. BENNETT of Utah. Mr. President, I am pleased to join my 
colleagues Senators Bingaman, Hatch, Udall of New Mexico and Kyl as we 
introduce the Indian School Bus Route Safety Reauthorization Act of 
2009. This legislation reauthorizes an important program that has 
served the Navajo Nation and specifically Navajo children since 1998. 
The funding provided in this program is used exclusively to maintain 
roads that provide bus routes for Navajo children. Two thirds of the 
9,700 miles of the Navajo public roads are unpaved, dirt roads. Many of 
these roads are traveled everyday by children heading to school on the 
bus. When the rough rains and snows of winter hit, the deficient roads 
are frequently impassable. Damage caused by winds and rains can create 
huge holes and gullies that often make the roads unfit for a school bus 
even in good weather!
  This program was started in 1998 to ensure the local governments, 
working in partnership with the Navajo, are able to maintain the roads 
and ensure the school bus routes are usable and in good condition. 
Before children can learn at school, they have to get to school! 
Congress answered the urgent call for help by providing direct 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. 
This program was reauthorized in SAFETEA-LU in 2005 and we urge our 
colleagues in the Senate to join us in supporting this important 
project again in 2009.
  This bill provides for $2 million annually to be shared equally among 
Arizona, New Mexico and Utah. The funding goes directly to the counties 
that contain the Navajo reservation. These funds can only be used on 
roads that are located within or that lead to the reservation and that 
are used by school buses.
  I want to take a moment and pay tribute to San Juan County, UT. San 
Juan County has done a commendable job of working with their Navajo 
neighbors to ensure a strong working relationship and to truly serve 
the Navajo members of their community. The Navajo Nation comprises 40 
percent of the San Juan County land area and 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 pre-schools. The funds reauthorized in this bill will 
allow San Juan County to continue their commitment to ensuring busses 
can reach the students and thus the students will be safely transported 
to school.
  I am proud to again bring this authorization before the Senate and I 
look forward to working with my colleagues here and in the House to 
ensure that this important measure is included in the upcoming 
transportation authorization. I thank my colleague Mr. Bingaman for his 
strong work on this legislation and look forward to working closely 
with him as well as Chairman Boxer and Ranking Member Inhofe of the 
Environment and Public Works Committee, and Chairman Baucus and Ranking 
Member Voinovich of the Transportation and Infrastructure Subcommittee 
to ensure that this legislation is again included in the comprehensive 
6-year transportation reauthorization.
                                 ______