[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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