[Congressional Record Volume 164, Number 125 (Wednesday, July 25, 2018)]
[House]
[Pages H7639-H7640]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    EXTENDING DEADLINE FOR PROMULGATION OF REGULATIONS UNDER TRIBAL 
                 TRANSPORTATION SELF-GOVERNANCE PROGRAM

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 6414) to amend title 23, United States Code, to 
extend the deadline for promulgation of regulations under the tribal 
transportation self-governance program.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6414

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF DEADLINE FOR PROMULGATION OF 
                   REGULATIONS UNDER TRIBAL TRANSPORTATION SELF-
                   GOVERNANCE PROGRAM.

       Section 207(n)(1) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (B) by striking ``21 months'' and 
     inserting ``42 months''; and
       (2) in subparagraph (C) by striking ``30 months'' and 
     inserting ``48 months''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentleman from Oregon (Mr. DeFazio) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Alaska.


                             General Leave

  Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
include extraneous material on H.R. 6414.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alaska?
  There was no objection.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 6414.
  I thank Chairman Shuster and Ranking Member DeFazio for including the 
Tribal Transportation Self-Governance Program in the FAST Act.
  The FAST Act requires the Department of Transportation to use a 
negotiated rulemaking process to establish the regulations to implement 
the program. It also set deadlines for the issuance of the regulations.
  H.R. 6414 would extend these deadlines. This bill would ensure that 
there is an opportunity for a true negotiated rulemaking process that 
is not one-sided and that respects Tribal self-determination.
  Without this extension, I am concerned that the Department will move 
forward with implementing the program in a way that is not helpful to 
the Tribes of America. This would undermine the intent of the previous 
FAST Act and would lead to a lack of Tribal participation in the 
program.
  I thank the Sitka Tribe of Alaska for their leadership and work on 
this program and issue, and I urge my colleagues to support H.R. 6414.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, if you look at how transportation funds are administered 
to the Tribes, first off, it is a pathetic and inadequate amount of 
money, given the infrastructure problems that the Tribes have. But 
then, that is true of infrastructure, writ large, across the United 
States of America.
  Secondly, we think it was 1860 or 1870, the Tribes do not directly 
receive these funds. There are various Federal agencies involved, and 
sometimes State agencies involved, in the disbursal of those funds and 
the approval of the projects under those funds.

                              {time}  1430

  This legislation was part of the FAST Act, which would give Tribal 
self-governance. They would be able to administer their own funds 
without anybody taking off administrative costs, without bureaucratic 
delay, and set their own priorities on their own lands. I sponsored 
this into the FAST Act. It was unanimously accepted at the time.
  Now, we thought, when we passed the FAST Act that 3 years would be 
long enough for the Department of Transportation to consult with the 
Tribes. We set up a committee to come to consensus on the rules for 
self-governance. Well, unfortunately, it was slowed down because of the 
Presidential election. After the Presidential election, this committee 
did not meet for the entire year of 2017. And then, this year, 
essentially, DOT had some meetings, but then presented sort of a take-
it-or-leave-it to the Tribes, which the Tribes find unacceptable.
  Now, unfortunately, the Tribes can't prolong the negotiations unless 
we change the law, because the law set a deadline of December 2018. And 
because of the way that bureaucratic rulemaking process works, DOT 
would have to put out their rule in August while we are out of town and 
without having reached any consensus or having had any meaningful 
conversation with the Tribes under the rules for which they should be 
able to administer their own funds for their own projects.
  So this bill is quite simple. It extends the deadline so that DOT 
won't rush out a rule that is opposed by the Tribes, which, obviously, 
destroys the entire intent of this legislation. This

[[Page H7640]]

would provide an additional year. And, hopefully, with some prodding, 
and maybe a different Congress next year, we can get DOT's attention 
and get them to meaningfully consult with the sovereign nations, with 
the Tribes, to come up with a bill that is agreed to both by the 
Department of Transportation and the Tribes.
  Mr. Speaker, this is quite simple. It has broad bipartisan support. I 
am not aware of any opposition. I urge my colleagues to vote ``aye'' on 
this legislation, and I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I have no other speakers, and I 
yield back the balance of my time
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska (Mr. Young) that the House suspend the rules and 
pass the bill, H.R. 6414.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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