II 

114TH CONGRESS 

1ST SESSION S. 1776 

To enhance tribal road safety, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2015 

Mr. BARRASSO (for himself and Mr. CRAPO) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To enhance tribal road safety, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Infrastructure 

5 and Roads Enhancement and Safety Act’’ or ‘‘TIRES 

6 Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) INDIAN RESERVATION.—The term ‘‘Indian 

10 reservation’’ has the meaning given the term ‘‘res11 ervation’’ in section 3 of the Indian Financing Act 

12 of 1974 (25 U.S.C. 1452). 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO 

4 CERTAIN TRIBAL TRANSPORTATION FACILI5 TIES. 

6 (a) IN GENERAL.— 

7 (1) CATEGORICAL EXCLUSIONS.—Effective on 

8 the date of enactment of this Act, a highway project, 

9 including projects administered by the Bureau of In10 dian Affairs, located on a road on an Indian reserva11 tion and eligible for assistance under section 202 of 

12 title 23, United States Code, is deemed to be an ac13 tion categorically excluded from the requirements re14 lating to environmental assessments or environ15 mental impact statements under section 1508.4 of 

16 title 40, Code of Federal Regulations (as in effect on 

17 the date of enactment of this Act), if the project— 

18 (A) qualifies for categorical exclusion 

19 under— 

20 (i) MAP–21 (Public Law 112–141; 

21 126 Stat. 405) or an amendment made by 

22 that Act; or 

23 (ii) section 771.117 of title 23, Code 

24 of Federal Regulations (or successor regu25 lations); or 


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1 (B) would meet those requirements if the 

2 project sponsor were a State agency. 

3 (2) MAP–21 CATEGORICAL EXCLUSIONS TO

4 CERTAIN TRIBAL TRANSPORTATION FACILITIES.— 

5 Section 1317 of MAP–21 (23 U.S.C. 109 note; 126 

6 Stat. 550) is amended— 

7 (A) in paragraph (1)(B), by striking ‘‘; 

8 and’’ and inserting a period; 

9 (B) beginning in the matter preceding 

10 paragraph (1), by striking ‘‘Not later than’’ 

11 and all that follows through ‘‘(1) designate’’ 

12 and inserting the following: 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) DESIGNATION OF CATEGORICAL EXCLU15 SIONS.—Subject to paragraph (2), not later than 

16 180 days after the date of enactment of this Act, the 

17 Secretary shall designate’’; 

18 (C) in paragraph (2)— 

19 (i) by striking ‘‘paragraph (1)’’ and 

20 inserting ‘‘subsection (a)’’; and 

21 (ii) by striking ‘‘(2) not later than’’ 

22 and inserting the following: 

23 ‘‘(b) REGULATIONS.—The Secretary shall, not later 

24 than’’; and 


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1 (D) in subsection (a) (as designated by 

2 subparagraph (B)), by adding at the end the 

3 following: 

4 ‘‘(2) APPLICATION OF CATEGORICAL EXCLU5 SIONS TO CERTAIN TRIBAL TRANSPORTATION FA6 CILITIES.—With respect to a project described in 

7 paragraph (1) that is located on a road on an Indian 

8 reservation, for the first full fiscal year after the 

9 date of enactment of the TIRES Act, and each fiscal 

10 year thereafter, the amount referred to in paragraph 

11 (1)(A) shall be adjusted to reflect changes for the 

12 12-month period ending the preceding November 30 

13 in the Consumer Price Index for All Urban Con14 sumers published by the Bureau of Labor Statistics 

15 of the Department of Labor.’’. 

16 (b) ADMINISTRATION.—The Secretary may issue 

17 guidance or rules for the administration of this section. 

18 (c) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—The categorical exclusions 

20 described in subsection (a), and the amendments 

21 made by subsection (a), take effect on the date of 

22 enactment of this Act. 

23 (2) FAILURE OF SECRETARY TO ACT.—The fail24 ure of the Secretary to promulgate any final regula25 tions or guidance shall not affect the qualification 


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1 for the categorical exclusions described in subsection 

2 (a). 

3 SEC. 4. STREAMLINING FOR TRIBAL PUBLIC SAFETY 

4 PROJECTS WITHIN EXISTING OPERATIONAL 

5 RIGHTS-OF-WAY. 

6 Section 1316 of MAP–21 (23 U.S.C. 109 note; 126 

7 Stat. 549) is amended— 

8 (1) in subsection (b)— 

9 (A) by striking ‘‘(b) DEFINITION OF AN

10 OPERATIONAL RIGHT-OF-WAY.—In this section, 

11 the’’ and inserting the following: 

12 ‘‘(b) DEFINITIONS.—In this section: 

13 ‘‘(1) OPERATIONAL RIGHT-OF-WAY.— 

14 ‘‘(A) IN GENERAL.—The’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(B) INCLUSION.—For purposes of sub17 paragraph (A), if a real property interest on an 

18 Indian reservation has not been formally des19 ignated an operational right-of-way, an Indian 

20 tribe may determine the scope and boundaries 

21 of that real property interest as an operational 

22 right-of-way, subject to the approval of the Bu23 reau of Indian Affairs and the Secretary. 

24 ‘‘(2) TRIBAL PUBLIC SAFETY PROJECT.— 


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1 ‘‘(A) IN GENERAL.—The term ‘tribal pub2 lic safety project’ means a project subject to 

3 this section that— 

4 ‘‘(i) corrects or improves a hazardous 

5 road location or feature; or 

6 ‘‘(ii) addresses a highway safety prob7 lem. 

8 ‘‘(B) INCLUSIONS.—The term ‘tribal public 

9 safety project’ includes a project for 1 or more 

10 of the following: 

11 ‘‘(i) An intersection safety improve12 ment. 

13 ‘‘(ii) Pavement and shoulder widening, 

14 including addition of a passing lane to 

15 remedy an unsafe condition. 

16 ‘‘(iii) Installation of a rumble strip or 

17 other warning device, if the rumble strip or 

18 other warning device does not adversely af19 fect the safety or mobility of bicyclists, pe20 destrians, or the disabled. 

21 ‘‘(iv) Installation of a skid-resistant 

22 surface at an intersection or other location 

23 with a high frequency of accidents. 

24 ‘‘(v) An improvement for pedestrian 

25 or bicyclist safety or safety of the disabled. 


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1 ‘‘(vi) Construction of any project for 

2 the elimination of hazards at a railway3 highway crossing that is eligible for fund4 ing under section 130 of title 23, United 

5 States Code, including the separation or 

6 protection of grades at railway-highway 

7 crossings. 

8 ‘‘(vii) Construction of a railway-high9 way crossing safety feature, including in10 stallation of protective devices. 

11 ‘‘(viii) The conduct of a model traffic 

12 enforcement activity at a railway-highway 

13 crossing. 

14 ‘‘(ix) Construction of a traffic calming 

15 feature. 

16 ‘‘(x) Elimination of a roadside obsta17 cle. 

18 ‘‘(xi) Improvement of highway signage 

19 and pavement markings. 

20 ‘‘(xii) Installation of a priority control 

21 system for emergency vehicles at signalized 

22 intersections. 

23 ‘‘(xiii) Installation of a traffic control 

24 or other warning device at a location with 

25 high accident potential. 


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1 ‘‘(xiv) Safety-conscious planning. 

2 ‘‘(xv) Improvements in the collection 

3 and analysis of crash data. 

4 ‘‘(xvi) Planning integrated interoper5 able emergency communications equip6 ment, operational activities, or traffic en7 forcement activities, including police assist8 ance, relating to workzone safety. 

9 ‘‘(xvii) Installation of guardrails, bar10 riers, including barriers between construc11 tion work zones and traffic lanes for the 

12 safety of motorists and workers, and crash 

13 attenuators. 

14 ‘‘(xviii) The addition or retrofitting of 

15 structures or other measures to eliminate 

16 or reduce accidents involving vehicles and 

17 wildlife. 

18 ‘‘(xix) Installation and maintenance of 

19 signs, including fluorescent, yellow-green 

20 signs, at pedestrian-bicycle crossings and 

21 in school zones. 

22 ‘‘(xx) Construction and yellow-green 

23 signs at pedestrian-bicycle crossings and in 

24 school zones. 


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1 ‘‘(xxi) Construction and operational 

2 improvements on high risk rural roads. 

3 ‘‘(xxii) Any other project that the Sec4 retary determines qualifies.’’; 

5 (2) by redesignating subsections (a) and (b) as 

6 subsections (b) and (a), respectively; 

7 (3) in subsection (b) (as so redesignated), in 

8 the subsection heading, by striking ‘‘IN GENERAL’’ 

9 and inserting ‘‘DESIGNATION’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(c) PROJECTS WITHIN EXISTING OPERATIONAL

12 RIGHTS-OF-WAY.— 

13 ‘‘(1) APPLICABILITY.—This subsection applies 

14 to a project within an existing operational right-of15 way on an Indian reservation (as defined in section 

16 3 of the Indian Financing Act of 1974 (25 U.S.C. 

17 1452)) that is— 

18 ‘‘(A) for a maintenance or preservation ac19 tivity, whether or not federally funded, within 

20 the existing operational right-of-way, including 

21 for roadside ditches; or 

22 ‘‘(B) a project that— 

23 ‘‘(i) is a tribal public safety project or 

24 a project that the tribal department of 

25 transportation or the equivalent (or in the 


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1 case of an Indian tribe without a tribal de2 partment of transportation or an official 

3 representing the Indian tribe) certifies to 

4 the Secretary as providing a safety benefit 

5 to the public; and 

6 ‘‘(ii) is an action that— 

7 ‘‘(I) is categorically excluded 

8 under section 771.117 of title 23, 

9 Code of Federal Regulations (or suc10 cessor regulations); or 

11 ‘‘(II) would be categorically ex12 cluded under section 771.117 of title 

13 23, Code of Federal Regulations (or 

14 successor regulations), if the applicant 

15 were a State agency. 

16 ‘‘(2) FINAL ACTION.—Except as provided in 

17 paragraph (3), a Federal agency shall take final ac18 tion on an application by an Indian tribe for a per19 mit, approval, or jurisdictional determination for a 

20 project described in paragraph (1) not later than 45 

21 days after the date of receipt of the application. 

22 ‘‘(3) EXTENSIONS.—A Federal agency may ex23 tend the period to take final action on an application 

24 by an Indian tribe under paragraph (2) by an addi25 tional 30 days by providing to the Secretary and the 


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1 Indian tribe notice of the extension, including a 

2 statement of the need for the extension. 

3 ‘‘(4) CONSTRUCTIVE APPROVAL.—If a Federal 

4 agency does not take final action on an application 

5 by an Indian tribe under paragraphs (2) and (3)— 

6 ‘‘(A) the permit or approval for the project 

7 described in paragraph (1) shall be considered 

8 approved; and 

9 ‘‘(B) the Indian tribe shall notify the Sec10 retary of approval under this paragraph. 

11 ‘‘(5) REPORT.—Not later than 4 years after the 

12 date of enactment of the ‘TIRES Act’, the Secretary 

13 shall submit to Congress a report that describes the 

14 operation of this subsection, including any rec15 ommendations.’’. 

16 SEC. 5. BUREAU OF INDIAN AFFAIRS REDUCTION IN AD17 MINISTRATIVE FEE. 

18 Section 202(a)(6) of title 23, United States Code, is 

19 amended by striking ‘‘6 percent’’ and inserting ‘‘5 percent 

20 for each fiscal year’’. 

21 SEC. 6. OPTION OF ASSUMING NEPA APPROVAL AUTHOR22 ITY. 

23 (a) DEFINITION OF SECRETARY.—In this section, the 

24 term ‘‘Secretary’’ means the Secretary of the Interior or 

25 the Secretary of Transportation, as applicable. 


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1 (b) ASSUMPTION OF FEDERAL RESPONSIBILITIES.— 

2 An Indian tribe participating in tribal self-governance or 

3 a contract or agreement under subsection (a)(2) or (b)(7) 

4 of section 202 of title 23, United States Code, and car5 rying out construction projects on the Indian reservation 

6 over which the Indian tribe has jurisdiction, may elect to 

7 assume all Federal responsibilities under the National En8 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

9 division A of subtitle III of title 54, United States Code, 

10 and other applicable Federal law that would apply if the 

11 Secretary were to undertake a construction project if the 

12 Indian tribe— 

13 (1) designates an officer— 

14 (A) to represent the Indian tribe; and 

15 (B) to assume the status of a responsible 

16 Federal official under those laws; and 

17 (2) accepts the jurisdiction of the Federal court 

18 for the purpose of enforcement of the responsibilities 

19 of the responsible Federal official under those laws. 

20 SEC. 7. TRIBAL GOVERNMENT TRANSPORTATION SAFETY 

21 DATA REPORT. 

22 (a) FINDINGS.—Congress finds that— 

23 (1) in many States, the Native American popu24 lation is disproportionately represented in fatalities 

25 and crash statistics; 


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1 (2) improved crash reporting by tribal law en2 forcement agencies would facilitate safety planning 

3 and would enable Indian tribes to apply more suc4 cessfully for State and Federal funds for safety im5 provements; 

6 (3) the causes of underreporting of crashes on 

7 Indian reservations include— 

8 (A) tribal law enforcement capacity, in9 cluding— 

10 (i) staffing shortages and turnover; 

11 and 

12 (ii) lack of equipment, software, and 

13 training; and 

14 (B) lack of standardization in crash re15 porting forms and protocols; and 

16 (4) without more accurate reporting of crashes 

17 on Indian reservations, it is difficult or impossible to 

18 fully understand the nature of the problem and de19 velop appropriate countermeasures, which may in20 clude effective transportation safety planning and 

21 programs aimed at— 

22 (A) DUI prevention; 

23 (B) pedestrian safety; 

24 (C) roadway safety improvements; 

25 (D) seat belt usage; and 


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1 (E) proper use of child restraints. 

2 (b) REPORT TO CONGRESS.— 

3 (1) IN GENERAL.—Not later than 1 year after 

4 the date of enactment of this Act, the Secretary, 

5 after consultation with the Secretary of Transpor6 tation, the Secretary of Health and Human Services, 

7 the Attorney General, and Indian tribes, shall sub8 mit to the Committee on Indian Affairs of the Sen9 ate and the Committee on Natural Resources of the 

10 House of Representatives a report describing the 

11 quality of transportation safety data collected by 

12 States and counties for transportation safety sys13 tems and the relevance of that data to improving the 

14 collection and sharing of data on crashes on Indian 

15 reservations. 

16 (2) PURPOSES.—The purposes of the report de17 scribed in paragraph (1) are— 

18 (A) to improve the collection and sharing 

19 of data on crashes on Indian reservations; and 

20 (B) to develop data that Indian tribes can 

21 use to recover damages to tribal property 

22 caused by motorists. 

23 (3) PAPERLESS DATA REPORTING.—In pre24 paring the report under paragraph (1), the Sec25 retary shall provide Indian tribes with options and 


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1 best practices for transition to a paperless transpor2 tation safety data reporting system that— 

3 (A) improves the collection of crash re4 ports; 

5 (B) stores, archives, queries, and shares 

6 crash records; and 

7 (C) uses data exclusively— 

8 (i) to address traffic safety issues on 

9 Indian reservations; and 

10 (ii) to identify and improve problem 

11 areas on public roads on Indian reserva12 tions. 

13 (4) ADDITIONAL BUDGETARY RESOURCES.— 

14 The Secretary shall include in the report under 

15 paragraph (1) the identification of Federal transpor16 tation funds provided to Indian tribes by agencies in 

17 addition to the Department of the Interior. 

18 SEC. 8. BUREAU OF INDIAN AFFAIRS ROAD SAFETY STUDY. 

19 Not later than 2 years after the date of enactment 

20 of this Act, the Secretary, acting through the Assistant 

21 Secretary for Indian Affairs, in consultation with the Sec22 retary of Transportation, the Attorney General, and 

23 States, shall— 


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1 (1) complete a study that identifies and evalu2 ates options for improving safety on public roads on 

3 Indian reservations; and 

4 (2) submit to the Committee on Indian Affairs 

5 of the Senate and the Committee on Natural Re6 sources of the House of Representatives a report de7 scribing the results of the study. 

8 SEC. 9. TRIBAL TRANSPORTATION FUNDING. 

9 (a) IN GENERAL.—Section 1101(a)(3) of MAP–21 

10 (Public Law 112–141, 126 Stat. 414) is amended— 

11 (1) by striking subparagraph (A) and inserting 

12 the following: 

13 ‘‘(A) TRIBAL TRANSPORTATION PRO14 GRAM.—For the tribal transportation program 

15 under section 202 of title 23, United States 

16 Code (other than subsection (d) of that sec17 tion), there is authorized to be appropriated— 

18 ‘‘(i) $468,180,000 for fiscal year 

19 2016; 

20 ‘‘(ii) $477,540,000 for fiscal year 

21 2017; 

22 ‘‘(iii) $487,090,000 for fiscal year 

23 2018; 

24 ‘‘(iv) $496,830,000 for fiscal year 

25 2019; 


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1 ‘‘(v) $506,770,000 for fiscal year 

2 2020; and 

3 ‘‘(vi) $516,905,400 for fiscal year 

4 2021.’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(D) TRIBAL TRANSPORTATION FACILITY

7 BRIDGE PROGRAM.—For the tribal transpor8 tation facility bridge program under section 

9 202(d) of title 23, United States Code, there is 

10 authorized to be appropriated— 

11 ‘‘(i) $16,000,000 for fiscal year 2016; 

12 ‘‘(ii) $18,000,000 for fiscal year 2017; 

13 ‘‘(iii) $20,000,000 for fiscal year 

14 2018; 

15 ‘‘(iv) $22,000,000 for fiscal year 

16 2019; 

17 ‘‘(v) $24,000,000 for fiscal year 2020; 

18 and 

19 ‘‘(vi) $26,000,000 for fiscal year 

20 2021.’’. 

21 (b) TRIBAL TRANSPORTATION FACILITY BRIDGE

22 PROGRAM.—Section 202(d) of title 23, United States 

23 Code, is amended by striking paragraph (2) and inserting 

24 the following: 


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1 ‘‘(2) TRIBAL TRANSPORTATION FACILITY

2 BRIDGE PROGRAM.—The Secretary shall use funds 

3 made available to carry out this subsection— 

4 ‘‘(A) to carry out any planning, design, en5 gineering, preconstruction, construction, and in6 spection of new or replacement tribal transpor7 tation facility bridges; 

8 ‘‘(B) to replace, rehabilitate, seismically 

9 retrofit, paint, apply calcium magnesium ace10 tate, sodium acetate/formate, or other environ11 mentally acceptable, minimally corrosive anti12 icing and deicing composition; or 

13 ‘‘(C) to implement any countermeasure for 

14 deficient tribal transportation facility bridges, 

15 including multiple-pipe culverts.’’. 

Æ 


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