[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Pages S7147-S7149]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRIBAL INFRASTRUCTURE AND ROADS ENHANCEMENT AND SAFETY ACT
Mr. PORTMAN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 378, S. 1776.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 1776) to enhance tribal road safety, and for
other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Indian Affairs, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Infrastructure and
Roads Enhancement and Safety Act'' or ``TIRES Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Indian reservation.--The term ``Indian reservation''
has the meaning given the term ``reservation'' in section 3
of the Indian Financing Act of 1974 (25 U.S.C. 1452).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN
TRIBAL TRANSPORTATION FACILITIES.
(a) Categorical Exclusions.--
(1) In general.--Effective on the date of enactment of this
Act, a highway project, including projects administered by
the Bureau of Indian Affairs, located on a road eligible for
assistance under section 202 of title 23, United States Code,
is deemed to be an action categorically excluded from the
requirements relating to environmental assessments or
environmental impact statements under section 1508.4 of title
40, Code of Federal Regulations (as in effect on the date of
enactment of this Act), if the project--
(A) qualifies for categorical exclusion under--
(i) MAP-21 (Public Law 112-141; 126 Stat. 405) or an
amendment made by that Act; or
(ii) section 771.117 of title 23, Code of Federal
Regulations (or successor regulations); or
(B) would meet those requirements if the project sponsor
were a State agency.
(2) MAP-21 categorical exclusions to certain tribal
transportation facilities.--Section 1317 of MAP-21 (23 U.S.C.
109 note; 126 Stat. 550) is amended--
(A) in paragraph (1)(B), by striking ``; and'' and
inserting a period;
(B) beginning in the matter preceding paragraph (1), by
striking ``Not later than'' and all that follows through
``(1) designate'' and inserting the following:
``(a) Designation of Categorical Exclusions.--
``(1) In general.--Subject to paragraph (2), not later than
180 days after the date of enactment of this Act, the
Secretary shall designate'';
(C) in paragraph (2)--
(i) by striking ``paragraph (1)'' and inserting
``subsection (a)''; and
(ii) by striking ``(2) not later than'' and inserting the
following:
``(b) Regulations.--The Secretary shall, not later than'';
and
(D) in subsection (a) (as designated by subparagraph (B)),
by adding at the end the following:
``(2) Application of categorical exclusions to certain
tribal transportation facilities.--With respect to a project
described in paragraph (1) that is located on a road eligible
for assistance under section 202 of title 23, United States
Code, for the first full fiscal year after the date of
enactment of the TIRES Act, and each fiscal year thereafter,
the amount referred to in paragraph (1)(A) shall be adjusted
to reflect changes for the 12-month period ending the
preceding November 30 in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics
of the Department of Labor.''.
(b) Administration.--The Secretary may issue guidance or
rules for the administration of this section.
(c) Effective Date.--
(1) In general.--The categorical exclusions described in
subsection (a), and the amendments made by subsection (a),
take effect on the date of enactment of this Act.
(2) Failure of secretary to act.--The failure of the
Secretary to promulgate any final regulations or guidance
shall not affect the qualification for the categorical
exclusions described in subsection (a).
SEC. 4. STREAMLINING FOR TRIBAL PUBLIC SAFETY PROJECTS WITHIN
EXISTING OPERATIONAL RIGHTS-OF-WAY.
Section 1316 of MAP-21 (23 U.S.C. 109 note; 126 Stat. 549)
is amended--
(1) in subsection (b)--
(A) by striking ``(b) Definition of an Operational Right-
of-way.--In this section, the'' and inserting the following:
``(b) Definitions.--In this section:
``(1) Operational right-of-way.--
``(A) In general.--The''; and
(B) by adding at the end the following:
``(B) Inclusion.--For purposes of subparagraph (A), if a
real property interest on an Indian reservation has not been
formally designated an operational right-of-way, an Indian
tribe may determine the scope and boundaries of that real
property interest as an operational right-of-way, subject to
the approval of the Bureau of Indian Affairs and the
Secretary.
``(2) Tribal public safety project.--
``(A) In general.--The term `tribal public safety project'
means a project subject to this section that--
``(i) corrects or improves a hazardous road location or
feature; or
``(ii) addresses a highway safety problem.
``(B) Inclusions.--The term `tribal public safety project'
includes a project for 1 or more of the following:
``(i) An intersection safety improvement.
``(ii) Pavement and shoulder widening, including addition
of a passing lane to remedy an unsafe condition.
``(iii) Installation of a rumble strip or other warning
device, if the rumble strip or other warning device does not
adversely affect the safety or mobility of bicyclists,
pedestrians, or the disabled.
``(iv) Installation of a skid-resistant surface at an
intersection or other location with a high frequency of
accidents.
``(v) An improvement for pedestrian or bicyclist safety or
safety of the disabled.
``(vi) Construction of any project for the elimination of
hazards at a railway-highway crossing that is eligible for
funding under section 130 of title 23, United States Code,
including the separation or protection of grades at railway-
highway crossings.
``(vii) Construction of a railway-highway crossing safety
feature, including installation of protective devices.
``(viii) The conduct of a model traffic enforcement
activity at a railway-highway crossing.
``(ix) Construction of a traffic calming feature.
``(x) Elimination of a roadside obstacle.
``(xi) Improvement of highway signage and pavement
markings.
``(xii) Installation of a priority control system for
emergency vehicles at signalized intersections.
``(xiii) Installation of a traffic control or other warning
device at a location with high accident potential.
``(xiv) Safety-conscious planning.
``(xv) Improvements in the collection and analysis of crash
data.
``(xvi) Planning integrated interoperable emergency
communications equipment, operational activities, or traffic
enforcement activities, including police assistance, relating
to workzone safety.
``(xvii) Installation of guardrails, barriers, including
barriers between construction work zones and traffic lanes
for the safety of motorists and workers, and crash
attenuators.
``(xviii) The addition or retrofitting of structures or
other measures to eliminate or reduce accidents involving
vehicles and wildlife.
``(xix) Installation and maintenance of signs, including
fluorescent, yellow-green signs, at pedestrian-bicycle
crossings and in school zones.
``(xx) Construction and yellow-green signs at pedestrian-
bicycle crossings and in school zones.
``(xxi) Construction and operational improvements on high-
risk rural roads.
``(xxii) Any other project that the Secretary determines
qualifies.'';
(2) by redesignating subsections (a) and (b) as subsections
(b) and (a), respectively, and moving the subsections so as
to appear in alphabetical order;
(3) in subsection (b) (as so redesignated), in the
subsection heading, by striking ``In General'' and inserting
``Designation''; and
[[Page S7148]]
(4) by adding at the end the following:
``(c) Projects Within Existing Operational Rights-of-way.--
``(1) Applicability.--This subsection applies to a project
within an existing operational right-of-way on an Indian
reservation (as defined in section 3 of the Indian Financing
Act of 1974 (25 U.S.C. 1452)) that is--
``(A) for a maintenance or preservation activity, whether
or not federally funded, within the existing operational
right-of-way, including for roadside ditches; or
``(B) a project that--
``(i) is a tribal public safety project or a project that
the tribal department of transportation or the equivalent (or
in the case of an Indian tribe without a tribal department of
transportation or equivalent, an official representing the
Indian tribe) certifies to the Secretary as providing a
safety benefit to the public; and
``(ii) is an action that--
``(I) is categorically excluded under section 771.117 of
title 23, Code of Federal Regulations (or successor
regulations); or
``(II) would be categorically excluded under section
771.117 of title 23, Code of Federal Regulations (or
successor regulations), if the applicant were a State agency.
``(2) Final action.--Except as provided in paragraph (3), a
Federal agency shall take final action on an application by
an Indian tribe for a permit, approval, or jurisdictional
determination for a project described in paragraph (1) not
later than 45 days after the date of receipt of the
application.
``(3) Extensions.--A Federal agency may extend the period
to take final action on an application by an Indian tribe
under paragraph (2) by an additional 30 days by providing to
the Secretary and the Indian tribe notice of the extension,
including a statement of the need for the extension.
``(4) Constructive approval.--If a Federal agency does not
take final action on an application by an Indian tribe under
paragraphs (2) and (3)--
``(A) the permit or approval for the project described in
paragraph (1) shall be considered approved; and
``(B) the Indian tribe shall notify the Secretary of
approval under this paragraph.
``(5) Report.--Not later than 4 years after the date of
enactment of the `TIRES Act', the Secretary shall submit to
Congress a report that describes the operation of this
subsection, including any recommendations.''.
SEC. 5. BUREAU OF INDIAN AFFAIRS REDUCTION IN ADMINISTRATIVE
FEE.
Section 202(a)(6) of title 23, United States Code, is
amended by striking ``6 percent'' and inserting ``5 percent
for each fiscal year''.
SEC. 6. OPTION OF ASSUMING NEPA APPROVAL AUTHORITY.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the Interior or the
Secretary of Transportation, as applicable.
(b) Assumption of Federal Responsibilities.--An Indian
tribe participating in tribal self-governance or a contract
or agreement under subsection (a)(2) or (b)(7) of section 202
of title 23, United States Code, and carrying out
construction projects on the Indian reservation over which
the Indian tribe has jurisdiction, may elect to assume all
Federal responsibilities under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), division A of
subtitle III of title 54, United States Code, and other
applicable Federal law that would apply if the Secretary were
to undertake a construction project if the Indian tribe--
(1) designates an officer--
(A) to represent the Indian tribe; and
(B) to assume the status of a responsible Federal official
under those laws; and
(2) accepts the jurisdiction of the Federal court for the
purpose of enforcement of the responsibilities of the
responsible Federal official under those laws.
SEC. 7. TRIBAL GOVERNMENT TRANSPORTATION SAFETY DATA REPORT.
(a) Findings.--Congress finds that--
(1) in many States, the Native American population is
disproportionately represented in fatalities and crash
statistics;
(2) improved crash reporting by tribal law enforcement
agencies would facilitate safety planning and would enable
Indian tribes to apply more successfully for State and
Federal funds for safety improvements;
(3) the causes of underreporting of crashes on Indian
reservations include--
(A) tribal law enforcement capacity, including--
(i) staffing shortages and turnover; and
(ii) lack of equipment, software, and training; and
(B) lack of standardization in crash reporting forms and
protocols; and
(4) without more accurate reporting of crashes on Indian
reservations and rural roads located in or around Alaska
Native villages and within the boundaries of Regional
Corporations (within the meaning of the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)), it is difficult or
impossible to fully understand the nature of the problem and
develop appropriate countermeasures, which may include
effective transportation safety planning and programs aimed
at--
(A) DUI prevention;
(B) pedestrian safety;
(C) roadway safety improvements;
(D) seat belt usage; and
(E) proper use of child restraints.
(b) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, after consultation with
the Secretary of Transportation, the Secretary of Health and
Human Services, the Attorney General, and Indian tribes,
shall submit to the Committee on Indian Affairs of the Senate
and the Committee on Natural Resources of the House of
Representatives a report describing the quality of
transportation safety data collected by States and counties
for transportation safety systems and the relevance of that
data to improving the collection and sharing of data on
crashes on or near--
(A) Indian reservations; or
(B) rural roads located in or around Alaska Native villages
and within the boundaries of Regional Corporations (within
the meaning of the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)).
(2) Purposes.--The purposes of the report described in
paragraph (1) are--
(A) to improve the collection and sharing of data on
crashes on or near Indian reservations; and
(B) to develop data that Indian tribes can use to recover
damages to tribal property caused by motorists.
(3) Paperless data reporting.--In preparing the report
under paragraph (1), the Secretary shall provide Indian
tribes with options and best practices for transition to a
paperless transportation safety data reporting system that--
(A) improves the collection of crash reports;
(B) stores, archives, queries, and shares crash records;
and
(C) uses data exclusively--
(i) to address traffic safety issues on--
(I) Indian reservations; and
(II) rural roads located in or around Alaska Native
villages and within the boundaries of Regional Corporations
(within the meaning of the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)); and
(ii) to identify and improve problem areas on--
(I) public roads on Indian reservations; and
(II) rural roads located in or around Alaska Native
villages and within the boundaries of Regional Corporations
(within the meaning of the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)).
(4) Additional budgetary resources.--The Secretary shall
include in the report under paragraph (1) the identification
of Federal transportation funds provided to Indian tribes by
agencies in addition to the Department of the Interior.
SEC. 8. BUREAU OF INDIAN AFFAIRS ROAD SAFETY STUDY.
Not later than 2 years after the date of enactment of this
Act, the Secretary, acting through the Assistant Secretary
for Indian Affairs, in consultation with the Secretary of
Transportation, the Attorney General, and States, shall--
(1) complete a study that identifies and evaluates options
for improving safety on--
(A) public roads on or near Indian reservations; and
(B) rural roads located in or around Alaska Native villages
and within the boundaries of Regional Corporations (within
the meaning of the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)); and
(2) submit to the Committee on Indian Affairs of the Senate
and the Committee on Natural Resources of the House of
Representatives a report describing the results of the study.
SEC. 9. TRIBAL TRANSPORTATION FUNDING.
(a) In General.--Section 1101(a)(3) of MAP-21 (Public Law
112-141; 126 Stat. 414) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23, United
States Code (other than subsection (d) of that section),
there are authorized to be appropriated--
``(i) $468,180,000 for fiscal year 2016;
``(ii) $477,540,000 for fiscal year 2017;
``(iii) $487,090,000 for fiscal year 2018;
``(iv) $496,830,000 for fiscal year 2019;
``(v) $506,770,000 for fiscal year 2020; and
``(vi) $516,905,400 for fiscal year 2021.''; and
(2) by adding at the end the following:
``(D) Tribal transportation facility bridge program.--For
the tribal transportation facility bridge program under
section 202(d) of title 23, United States Code, there are
authorized to be appropriated--
``(i) $16,000,000 for fiscal year 2016;
``(ii) $18,000,000 for fiscal year 2017;
``(iii) $20,000,000 for fiscal year 2018;
``(iv) $22,000,000 for fiscal year 2019;
``(v) $24,000,000 for fiscal year 2020; and
``(vi) $26,000,000 for fiscal year 2021.''.
(3) Tribal transportation facility bridge program.--Section
202(d) of title 23, United States Code, is amended by
striking paragraph (2) and inserting the following:
``(2) Tribal transportation facility bridge program.--The
Secretary shall use funds made available to carry out this
subsection--
``(A) to carry out any planning, design, engineering,
preconstruction, construction, and inspection of new or
replacement tribal transportation facility bridges;
``(B) to replace, rehabilitate, seismically retrofit,
paint, apply calcium magnesium acetate, sodium acetate/
formate, or other environmentally acceptable, minimally
corrosive anti-icing and deicing composition; or
``(C) to implement any countermeasure for deficient tribal
transportation facility bridges, including multiple-pipe
culverts.''.
Mr. PORTMAN. Mr. President, I ask unanimous consent that the
committee-reported amendment be withdrawn; that the Barrasso substitute
amendment be agreed to; that the bill, as amended, be read a third time
and passed; and that the motion to reconsider be considered made and
laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
withdrawn.
[[Page S7149]]
The amendment (No. 5184) in the nature of a substitute was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill (S. 1776), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
____________________