[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5740-S5742]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2336. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title IV of division A, add the following:

     SEC. __. TRIBAL TRANSPORTATION.

       (a) Tribal Transportation Program.--
       (1) In general.--Section 202 of title 23, United States 
     Code, is amended--
       (A) in subsection (a)(9)(A), by striking ``construction and 
     improvement'' and inserting ``construction, improvement, and 
     highway safety'';
       (B) in subsection (b)--
       (i) in paragraph (1)--

       (I) by striking subparagraph (D) and inserting the 
     following:

       ``(D) Additional facilities.--
       ``(i) In general.--Not later than 270 days after the date 
     of enactment of the Infrastructure Investment and Jobs Act, 
     and not less frequently than every 3 years thereafter, the 
     Secretary of the Interior shall publish in the Federal 
     Register a notice requesting proposals from Indian tribes to 
     include additional transportation facilities that are 
     eligible for funding under the tribal transportation program 
     in the inventory described in subparagraph (A), if those 
     proposed additional facilities are included in the inventory 
     in a uniform and consistent manner nationally.
       ``(ii) Rule of construction.--Nothing in this 
     subparagraph--

       ``(I) prohibits the Secretary of the Interior from 
     including in the inventory under subparagraph (A) additional 
     transportation facilities more frequently than required under 
     clause (i), including, as necessary, in response to a 
     proposal from an eligible Indian tribe submitted during a 
     period not described in the notice under clause (i); or
       ``(II) requires Indian tribes to submit proposals to the 
     Secretary of the Interior in response to the notice required 
     under clause (i).''; and
       (II) by adding at the end the following:

       ``(F) Public availability.--The Secretary of the Interior 
     shall ensure that all non-confidential information within the 
     inventory described in subparagraph (A) is made available--
       ``(i) in a user-friendly manner on the public website of 
     the Department of the Interior; and
       ``(ii) in a manner capable of being searched and downloaded 
     by users of the public website of the Department of the 
     Interior.''; and
       (ii) in paragraph (3)(B), in the matter preceding clause 
     (i), by striking ``fiscal year 2012'' and inserting ``the 
     most recent fiscal year for which data is available'';
       (C) in subsection (c)--
       (i) in paragraph (3)--

       (I) in subparagraph (A), by striking ``; and'' at the end 
     and inserting a period;
       (II) by striking subparagraph (B); and
       (III) in the matter preceding subparagraph (A), by striking 
     ``shall be--'' and all that follows through ``selected by'' 
     in subparagraph (A), and inserting ``shall be selected by''; 
     and

       (ii) by adding at the end the following:
       ``(4) Nationally significant federal lands and tribal 
     projects program.--Notwithstanding any other provision of 
     this section, amounts made available to Indian tribes under 
     subsection (b)(3) may be used for planning and design 
     activities related to applications for grants under the 
     nationally significant Federal lands and tribal projects 
     program under section 1123 of the FAST Act (23 U.S.C. 201 
     note; Public Law 114-94).''; and
       (D) in subsection (e)(2), by striking ``as appropriate,'' 
     and inserting ``subject to subsection (a)(9),''.
       (2) Inspector general review.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Inspector General of the 
     Department and the Inspector General of the Department of the 
     Interior shall jointly begin an audit of the tribal 
     transportation program under section 202 of title 23, United 
     States Code (referred to in this subsection as the 
     ``program'').
       (B) Review.--The audit under subparagraph (A) shall 
     include--
       (i) a review of the data collection and management 
     processes used by the Secretary of the Interior in 
     maintaining the national inventory of tribal transportation 
     facilities under section 202(b)(1) of title 23, United States 
     Code; and
       (ii) a review of the administration of the program, 
     including whether--

       (I) funding under the program is distributed in a timely 
     manner that is consistent with statutory and regulatory 
     requirements; and
       (II) the current procedures and practices used by the 
     Secretary of the Interior to allocate funding for tribal 
     transportation facilities (as defined in section 101(a) of 
     title 23, United States Code) under the program are 
     transparent and consistently applied.

       (C) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Inspector General of the 
     Department and the Inspector General of the Department of the

[[Page S5741]]

     Interior shall jointly submit a report describing the results 
     of the audit under subparagraph (A) to--
       (i) the Committee on Environment and Public Works of the 
     Senate;
       (ii) the Committee on Indian Affairs of the Senate;
       (iii) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (iv) the Committee on Natural Resources of the House of 
     Representatives.
       (3) Comptroller general review.--
       (A) In general.--The Comptroller General of the United 
     States (referred to in this paragraph as the ``Comptroller 
     General'') shall initiate an audit of the program.
       (B) Review.--The audit under subparagraph (A) shall include 
     an examination of--
       (i) the funding formula of the program under section 
     202(b)(3) of title 23, United States Code, including key 
     decisions made over time that have affected the methods used 
     to determine tribal shares of program funds;
       (ii) whether, for purposes of allocating funding under 
     section 202 of title 23, United States Code, the allocation 
     methodology under subpart D of part 1000 of title 24, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act), provides an accurate and reliable estimate of 
     tribal population;
       (iii) potential alternatives to the methodology described 
     in clause (ii) for purposes of allocating funding under 
     section 202 of title 23, United States Code;
       (iv) how the Secretary of the Interior ensures that--

       (I) the program is consistently administered; and
       (II) program decisions are transparently and consistently 
     made; and

       (v) the potential effects of having the program 
     administered solely by the Secretary of the Interior or the 
     Secretary.
       (C) Report.--Not later than 540 days after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report describing the results of the audit under subparagraph 
     (A) to--
       (i) the Committee on Environment and Public Works of the 
     Senate;
       (ii) the Committee on Indian Affairs of the Senate;
       (iii) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (iv) the Committee on Natural Resources of the House of 
     Representatives.
       (4) Obligation limitations.--Notwithstanding section 
     1102(a) of the FAST Act (23 U.S.C. 104 note; Public Law 114-
     94) or any other provision of law providing a limitation on 
     obligations for Federal-aid highway and highway safety 
     construction programs for a fiscal year, amounts made 
     available to carry out the tribal transportation program 
     under section 202 of title 23, United States Code, for a 
     fiscal year shall not be subject to the obligation limitation 
     for that fiscal year.
       (b) Transportation Facility Eligibility.--
       (1) Definitions.--In this subsection:
       (A) Inventory.--The term ``inventory'' means the national 
     inventory of tribal transportation facilities under section 
     202(b) of title 23, United States Code.
       (B) Proposed road.--The term ``proposed road'' means a 
     proposed road or facility (as defined in section 170.5 of 
     title 25, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act)) that is a road, including a 
     primary access route (as defined in that section).
       (2) Deadline.--Not later than 180 days after the date of 
     enactment of this Act, and not less frequently than every 3 
     years thereafter, the Secretary and the Secretary of the 
     Interior shall require each Indian Tribe that intends to 
     include a proposed road in the inventory to complete and 
     submit for approval the documentation and other information 
     required under section 170.443(a) of title 25, Code of 
     Federal Regulations (as in effect on November 6, 2019), for 
     the proposed road.
       (3) Report.--
       (A) In general.--Not later than 180 days after each 
     deadline described in paragraph (2), the Secretary of the 
     Interior 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 proposed 
     roads approved to be included in the inventory.
       (B) Requirements.--Each report under subparagraph (A) shall 
     include, for each Indian reservation, Alaska Native village, 
     or other recognized Indian community (including former Indian 
     reservations in the State of Oklahoma)--
       (i) the mileage of proposed roads included in the inventory 
     before the deadline described in paragraph (2);
       (ii) the mileage of proposed roads approved to be included 
     in the inventory on the basis of the documentation and other 
     information submitted under paragraph (2); and
       (iii) an estimate, based on the documentation and other 
     information submitted under paragraph (2), of the 
     construction and maintenance costs of the proposed roads 
     described in clause (ii).
       (c) Tribal Highway Safety Partnerships.--Section 402 of 
     title 23, United States Code, is amended--
       (1) in subsection (b)(1)(C), by striking ``by'' and 
     inserting ``by, or on behalf of,''; and
       (2) in subsection (h)(2)--
       (A) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(A) In general.--Notwithstanding''; and
       (B) by adding at the end the following:
       ``(B) Cooperation.--In accordance with section 
     202(a)(9)(A), an Indian tribe may use amounts described in 
     subparagraph (A) in cooperation with States, counties, and 
     other local subdivisions for highway safety purposes.''.
       (d) Nationally Significant Federal Lands and Tribal 
     Projects Program.--Section 1123 of the FAST Act (23 U.S.C. 
     201 note; Public Law 114-94) is amended--
       (1) in subsection (c)(3), by inserting ``for a project that 
     is to be carried out by an eligible entity that is not an 
     Indian tribe,'' before ``having an''; and
       (2) in subsection (g)(1)--
       (A) by striking ``shall be up to'' and inserting the 
     following: ``shall be--
       ``(A) for a project carried out by an Indian tribe, up to 
     100 percent; and
       ``(B) for a project not described in subparagraph (A), up 
     to''.
       (e) Tribal Transportation Advisory Committee.--
       (1) Establishment.--Subject to the availability of 
     appropriations, not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     establish within the Bureau of Indian Affairs a committee, to 
     be known as the ``Tribal Transportation Advisory Committee'' 
     (referred to in this subsection as the ``Committee''), which 
     shall replace the Tribal Transportation Program Coordinating 
     Committee established under sections 170.135 through 170.137 
     of title 25, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act).
       (2) Membership.--
       (A) In general.--The Committee shall be composed of--
       (i) the Secretary of the Interior (or a designee);
       (ii) representatives of a diverse group of Indian Tribes, 
     including--

       (I) not fewer than 1 tribal representative from each region 
     of the Bureau of Indian Affairs; and
       (II) not more than 3 tribal representatives from any 1 
     region of the Bureau of Indian Affairs;

       (iii) State and local representatives;
       (iv) not fewer than 1 representative of the Bureau of 
     Indian Affairs;
       (v) not fewer than 1 representative of the Department; and
       (vi) other members, as determined to be appropriate by the 
     Secretary of the Interior in consultation with the Committee.
       (B) Appointment.--The Secretary of the Interior shall 
     appoint each member of the Committee.
       (C) Chairperson.--The Secretary of the Interior (or a 
     designee) shall serve as chairperson of the Committee.
       (3) Terms.--Except for the Secretary of the Interior, each 
     member of the Committee shall serve for a term of 3 years.
       (4) Vacancies.--Any vacancy occurring in the membership of 
     the Committee--
       (A) shall be filled in the same manner as the original 
     appointment was made; and
       (B) shall not affect the power of the remaining members to 
     carry out the duties of the Committee.
       (5) Duties.--
       (A) In general.--The Committee shall--
       (i) regularly provide advice to the Secretary of the 
     Interior on and, subject to the discretion of the Committee, 
     study issues relating to tribal transportation, including--

       (I) the tribal transportation program under section 202 of 
     title 23, United States Code, including--

       (aa) the funding formula used to determine tribal shares 
     under the tribal transportation program; and
       (bb) the national tribal transportation facility inventory 
     established under subsection (b)(1) of that section;

       (II) the road maintenance program managed by the Bureau of 
     Indian Affairs;
       (III) grants awarded to Indian tribes for public 
     transportation using amounts made available under section 
     5311(c)(1) of title 49, United States Code;
       (IV) transportation safety within tribal reservations, 
     including--

       (aa) traffic safety; and
       (bb) safety partnerships with Federal, State, and local 
     authorities;

       (V) the availability of transportation funding in the event 
     of a natural disaster; and
       (VI) any other policies or procedures related to tribal 
     transportation, as determined by the Committee; and

       (ii) carry out the duties of the Tribal Transportation 
     Program Coordinating Committee established under sections 
     170.135 through 170.137 of title 25, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act).
       (B) Best practices and recommendations.--The Committee may, 
     on a periodic basis, develop and present to the Secretary of 
     the Interior best practices and recommendations regarding the 
     issues described in subclauses (I) through (VI) of 
     subparagraph (A)(i).
       (C) Subcommittees.--The Committee may establish any 
     subcommittees necessary to carry out the duties of the 
     Committee.
       (6) Report to congress.--Not later than 180 days after 
     receiving any recommendations from the Committee under 
     paragraph (5)(B), the Secretary of the Interior shall submit 
     to the relevant committees of Congress a report describing 
     those recommendations.
       (7) Federal advisory committee act.--Except as otherwise 
     provided in this section, the Federal Advisory Committee Act 
     (5

[[Page S5742]]

     U.S.C. App.) shall apply to the Committee and each 
     subcommittee of the Committee.
       (8) Detail of federal employees.--
       (A) In general.--On request of the Committee, the Secretary 
     of the Interior may detail, with or without reimbursement, 
     any of the personnel of the Department of the Interior or, in 
     consultation with the Secretary, the Department, to the 
     Committee to assist the Committee in carrying out the duties 
     of the Committee.
       (B) Civil service status.--Any detail of a Federal employee 
     under subparagraph (A) shall not interrupt or otherwise 
     affect the civil service status or privileges of the Federal 
     employee being detailed.
       (9) Payment and expenses.--
       (A) Compensation.--Members of the Committee shall serve 
     without pay.
       (B) Travel expenses.--Each member of the Committee shall 
     receive, for a meeting called by the Secretary of the 
     Interior, travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       (10) Termination.--The Committee, including subcommittees 
     of the Committee, shall terminate on the date that is 10 
     years after the date of enactment of this Act.
                                 ______