[Congressional Record (Bound Edition), Volume 162 (2016), Part 12]
[Senate]
[Pages 16690-16692]
[From the U.S. 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)--

[[Page 16691]]

       (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
       (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--

[[Page 16692]]

       (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.
  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.

                          ____________________