[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Pages S7078-S7079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5184. Mr. PORTMAN (for Mr. Barrasso) proposed an amendment to the
bill S. 1776, to enhance tribal road safety, and for other purposes; as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Infrastructure and
Roads Enhancement and Safety Act'' or the ``TIRES Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN
TRIBAL TRANSPORTATION FACILITIES.
(a) Definition of Tribal Transportation Safety Project.--
(1) In general.--In this section, the term ``tribal
transportation safety project'' means a project described in
paragraph (2) that is eligible for funding under section 202
of title 23, United States Code, and that--
(A) corrects or improves a hazardous road location or
feature; or
(B) addresses a highway safety problem.
(2) Projects described.--A project described in this
paragraph is a project for 1 or more of the following:
(A) An intersection safety improvement.
(B) Pavement and shoulder widening (including the addition
of a passing lane to remedy an unsafe condition).
(C) Installation of rumble strips or another warning
device, if the rumble strips or other warning devices do not
adversely affect the safety or mobility of bicyclists and
pedestrians, including persons with disabilities.
(D) Installation of a skid-resistant surface at an
intersection or other location with a high frequency of
crashes.
(E) An improvement for pedestrian or bicyclist safety or
the safety of persons with disabilities.
(F) Construction and improvement of a railway-highway grade
crossing safety feature, including the installation of
protective devices.
(G) The conduct of a model traffic enforcement activity at
a railway-highway crossing.
(H) Construction of a traffic calming feature.
(I) Elimination of a roadside hazard.
[[Page S7079]]
(J) Installation, replacement, and other improvements of
highway signage and pavement markings or a project to
maintain minimum levels of retroreflectivity that addresses a
highway safety problem consistent with a State strategic
highway safety plan.
(K) Installation of a priority control system for emergency
vehicles at signalized intersections.
(L) Installation of a traffic control or other warning
device at a location with high crash potential.
(M) Transportation safety planning.
(N) Collection, analysis, and improvement of safety data.
(O) Planning integrated interoperable emergency
communications equipment, operational activities, or traffic
enforcement activities (including police assistance) relating
to work zone safety.
(P) Installation of guardrails, barriers (including
barriers between construction work zones and traffic lanes
for the safety of road users and workers), and crash
attenuators.
(Q) The addition or retrofitting of structures or other
measures to eliminate or reduce crashes involving vehicles
and wildlife.
(R) Installation of yellow-green signs and signals at
pedestrian and bicycle crossings and in school zones.
(S) Construction and operational improvements on a high
risk rural road (as defined in section 148(a) of title 23,
United States Code).
(T) Geometric improvements to a road for the purposes of
safety improvement.
(U) A road safety audit.
(V) Roadway safety infrastructure improvements consistent
with the recommendations included in the publication of the
Federal Highway Administration entitled ``Handbook for
Designing Roadways for the Aging Population'' (FHWA-SA-14-
015), dated June 2014 (or a revised or updated publication).
(W) Truck parking facilities eligible for funding under
section 1401 of MAP-21 (23 U.S.C. 137 note; Public Law 112-
141).
(X) Systemic safety improvements.
(Y) Installation of vehicle-to-infrastructure communication
equipment.
(Z) Pedestrian hybrid beacons.
(AA) Roadway improvements that provide separation between
pedestrians and motor vehicles, including medians and
pedestrian crossing islands.
(BB) A physical infrastructure safety project not described
in subparagraphs (A) through (AA).
(b) New Categorical Exclusions.--
(1) Review of existing categorical exclusions.--The
Secretary shall review the categorical exclusions under
section 771.117 of title 23, Code of Federal Regulations (or
successor regulations), to determine which, if any, are
applicable for use by the Secretary in review of projects
eligible for assistance under section 202 of title 23, United
States Code.
(2) Review of tribal transportation safety projects.--The
Secretary shall identify tribal transportation safety
projects that meet the requirements for categorical
exclusions under sections 1507.3 and 1508.4 of title 40, Code
of Federal Regulations.
(3) Proposal.--The Secretary shall issue a proposed rule,
in accordance with sections 1507.3 and 1508.4 of title 40,
Code of Federal Regulations, to propose any categorical
exclusions identified under paragraphs (1) and (2).
(4) Deadline.--Not later than 180 days after the date of
enactment of this Act, and after considering any comments on
the proposed rule issued under paragraph (3), the Secretary
shall promulgate a final rule for the categorical exclusions,
in accordance with sections 1507.3 and 1508.4 of title 40,
Code of Federal Regulations.
(5) Technical assistance.--The Secretary of Transportation
shall provide technical assistance to the Secretary in
carrying out this subsection.
(c) Reviews of Tribal Transportation Safety Projects.--
(1) In general.--The Secretary or the head of another
Federal agency responsible for a decision related to a tribal
transportation safety project shall complete any approval or
decision for the review of the tribal transportation safety
project required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) or any other applicable
Federal law on an expeditious basis using the shortest
existing applicable process.
(2) Review of applications.--Not later than 45 days after
the date of receipt of a complete application by an Indian
tribe for approval of a tribal transportation safety project,
the Secretary shall--
(A) take final action on the application; or
(B) provide the Indian tribe a schedule for completion of
the review described in paragraph (1), including the
identification of any other Federal agency that has
jurisdiction with respect to the project.
(3) Decisions under other federal laws.--In any case in
which a decision under any other Federal law relating to a
tribal transportation safety project (including the issuance
or denial of a permit or license) is required, not later than
45 days after the Secretary has made all decisions of the
lead agency under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to the project,
the head of the Federal agency responsible for the decision
shall--
(A) make the applicable decision; or
(B) provide the Indian tribe a schedule for making the
decision.
(4) Extensions.--The Secretary or the head of an applicable
Federal agency may extend the period under paragraph (2) or
(3), as applicable, by an additional 30 days by providing the
Indian tribe notice of the extension, including a statement
of the need for the extension.
(5) Notification and explanation.--In any case in which a
required action is not completed by the deadline under
paragraph (2), (3), or (4), as applicable, the Secretary or
the head of a Federal agency, as applicable, shall--
(A) notify the Committee on Indian Affairs of the Senate
and the Committee on Natural Resources of the House of
Representatives of the failure to comply with the deadline;
and
(B) provide to the Committees described in subparagraph (A)
a detailed explanation of the reasons for the failure to
comply with the deadline.
SEC. 4. PROGRAMMATIC AGREEMENTS FOR CATEGORICAL EXCLUSIONS.
(a) In General.--The Secretary shall enter into
programmatic agreements with Indian tribes that establish
efficient administrative procedures for carrying out
environmental reviews for projects eligible for assistance
under section 202 of title 23, United States Code.
(b) Inclusions.--A programmatic agreement under subsection
(a)--
(1) may include an agreement that allows an Indian tribe to
determine, on behalf of the Secretary, whether a project is
categorically excluded from the preparation of an
environmental assessment or environmental impact statement
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) shall--
(A) require that the Indian tribe maintain adequate
capacity in terms of personnel and other resources to carry
out applicable agency responsibilities pursuant to section
1507.2 of title 40, Code of Federal Regulations (or successor
regulations);
(B) set forth the responsibilities of the Indian tribe for
making categorical exclusion determinations, documenting the
determinations, and achieving acceptable quality control and
quality assurance;
(C) allow--
(i) the Secretary to monitor compliance of the Indian tribe
with the terms of the agreement; and
(ii) the Indian tribe to execute any needed corrective
action;
(D) contain stipulations for amendments, termination, and
public availability of the agreement once the agreement has
been executed; and
(E) have a term of not more than 5 years, with an option
for renewal based on a review by the Secretary of the
performance of the Indian tribe.
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