[Congressional Record Volume 163, Number 194 (Wednesday, November 29, 2017)]
[Senate]
[Pages S7490-S7491]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           JOHN P. SMITH ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 33, S. 302.
  The PRESIDING OFFICER. The clerk will report bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 302) to enhance tribal road safety, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent that the bill be considered 
read a third time and passed and the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 302) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                 S. 302

       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 ``John P. Smith 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 one 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).

[[Page S7491]]

       (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.
       (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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