II 

Calendar No. 378 

114TH CONGRESS 

2D SESSION S. 1776 

[Report No. 114–217] 

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 

FEBRUARY 29, 2016 

Reported by Mr. BARRASSO, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 reservation’’ has the meaning given the term ‘‘res5 ervation’’ in section 3 of the Indian Financing Act 

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

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

8 the Secretary of the Interior. 

9 SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO 

10 CERTAIN TRIBAL TRANSPORTATION FACILI11 TIES. 

12 (a) IN GENERAL.— 

13 (1) CATEGORICAL EXCLUSIONS.—Effective on 

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

15 including projects administered by the Bureau of In16 dian Affairs, located on a road on an Indian reserva17 tion and eligible for assistance under section 202 of 

18 title 23, United States Code, is deemed to be an ac19 tion categorically excluded from the requirements re20 lating to environmental assessments or environ21 mental impact statements under section 1508.4 of 

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

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

24 (A) qualifies for categorical exclusion 

25 under— 


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1 (i) MAP–21 (Public Law 112–141; 

2 126 Stat. 405) or an amendment made by 

3 that Act; or 

4 (ii) section 771.117 of title 23, Code 

5 of Federal Regulations (or successor regu6 lations); or 

7 (B) would meet those requirements if the 

8 project sponsor were a State agency. 

9 (2) MAP–21 CATEGORICAL EXCLUSIONS TO

10 CERTAIN TRIBAL TRANSPORTATION FACILITIES.— 

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

12 Stat. 550) is amended— 

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

14 and’’ and inserting a period; 

15 (B) beginning in the matter preceding 

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

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

18 and inserting the following: 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) DESIGNATION OF CATEGORICAL EXCLU21 SIONS.—Subject to paragraph (2), not later than 

22 180 days after the date of enactment of this Act, the 

23 Secretary shall designate’’; 

24 (C) in paragraph (2)— 


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

2 inserting ‘‘subsection (a)’’; and 

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

4 and inserting the following: 

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

6 than’’; and 

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

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

9 following: 

10 ‘‘(2) APPLICATION OF CATEGORICAL EXCLU11 SIONS TO CERTAIN TRIBAL TRANSPORTATION FA12 CILITIES.—With respect to a project described in 

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

14 reservation, for the first full fiscal year after the 

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

16 year thereafter, the amount referred to in paragraph 

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

18 12-month period ending the preceding November 30 

19 in the Consumer Price Index for All Urban Con20 sumers published by the Bureau of Labor Statistics 

21 of the Department of Labor.’’. 

22 (b) ADMINISTRATION.—The Secretary may issue 

23 guidance or rules for the administration of this section. 

24 (c) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—The categorical exclusions 

2 described in subsection (a), and the amendments 

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

4 enactment of this Act. 

5 (2) FAILURE OF SECRETARY TO ACT.—The fail6 ure of the Secretary to promulgate any final regula7 tions or guidance shall not affect the qualification 

8 for the categorical exclusions described in subsection 

9 (a). 

10 SEC. 4. STREAMLINING FOR TRIBAL PUBLIC SAFETY 

11 PROJECTS WITHIN EXISTING OPERATIONAL 

12 RIGHTS-OF-WAY. 

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

14 Stat. 549) is amended— 

15 (1) in subsection (b)— 

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

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

18 the’’ and inserting the following: 

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

20 ‘‘(1) OPERATIONAL RIGHT-OF-WAY.— 

21 ‘‘(A) IN GENERAL.—The’’; and 

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

23 ‘‘(B) INCLUSION.—For purposes of sub24 paragraph (A), if a real property interest on an 

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1 ignated an operational right-of-way, an Indian 

2 tribe may determine the scope and boundaries 

3 of that real property interest as an operational 

4 right-of-way, subject to the approval of the Bu5 reau of Indian Affairs and the Secretary. 

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

7 ‘‘(A) IN GENERAL.—The term ‘tribal pub8 lic safety project’ means a project subject to 

9 this section that— 

10 ‘‘(i) corrects or improves a hazardous 

11 road location or feature; or 

12 ‘‘(ii) addresses a highway safety prob13 lem. 

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

15 safety project’ includes a project for 1 or more 

16 of the following: 

17 ‘‘(i) An intersection safety improve18 ment. 

19 ‘‘(ii) Pavement and shoulder widening, 

20 including addition of a passing lane to 

21 remedy an unsafe condition. 

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

23 other warning device, if the rumble strip or 

24 other warning device does not adversely afVerDate Sep 11 2014 23:38 Feb 29, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1776.RS S1776

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1 fect the safety or mobility of bicyclists, pe2 destrians, or the disabled. 

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

4 surface at an intersection or other location 

5 with a high frequency of accidents. 

6 ‘‘(v) An improvement for pedestrian 

7 or bicyclist safety or safety of the disabled. 

8 ‘‘(vi) Construction of any project for 

9 the elimination of hazards at a railway10 highway crossing that is eligible for fund11 ing under section 130 of title 23, United 

12 States Code, including the separation or 

13 protection of grades at railway-highway 

14 crossings. 

15 ‘‘(vii) Construction of a railway-high16 way crossing safety feature, including in17 stallation of protective devices. 

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

19 enforcement activity at a railway-highway 

20 crossing. 

21 ‘‘(ix) Construction of a traffic calming 

22 feature. 

23 ‘‘(x) Elimination of a roadside obsta24 cle. 


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1 ‘‘(xi) Improvement of highway signage 

2 and pavement markings. 

3 ‘‘(xii) Installation of a priority control 

4 system for emergency vehicles at signalized 

5 intersections. 

6 ‘‘(xiii) Installation of a traffic control 

7 or other warning device at a location with 

8 high accident potential. 

9 ‘‘(xiv) Safety-conscious planning. 

10 ‘‘(xv) Improvements in the collection 

11 and analysis of crash data. 

12 ‘‘(xvi) Planning integrated interoper13 able emergency communications equip14 ment, operational activities, or traffic en15 forcement activities, including police assist16 ance, relating to workzone safety. 

17 ‘‘(xvii) Installation of guardrails, bar18 riers, including barriers between construc19 tion work zones and traffic lanes for the 

20 safety of motorists and workers, and crash 

21 attenuators. 

22 ‘‘(xviii) The addition or retrofitting of 

23 structures or other measures to eliminate 

24 or reduce accidents involving vehicles and 

25 wildlife. 


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1 ‘‘(xix) Installation and maintenance of 

2 signs, including fluorescent, yellow-green 

3 signs, at pedestrian-bicycle crossings and 

4 in school zones. 

5 ‘‘(xx) Construction and yellow-green 

6 signs at pedestrian-bicycle crossings and in 

7 school zones. 

8 ‘‘(xxi) Construction and operational 

9 improvements on high risk rural roads. 

10 ‘‘(xxii) Any other project that the Sec11 retary determines qualifies.’’; 

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

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

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

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

16 and inserting ‘‘DESIGNATION’’; and 

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

18 ‘‘(c) PROJECTS WITHIN EXISTING OPERATIONAL

19 RIGHTS-OF-WAY.— 

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

21 to a project within an existing operational right-of22 way on an Indian reservation (as defined in section 

23 3 of the Indian Financing Act of 1974 (25 U.S.C. 

24 1452)) that is— 


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1 ‘‘(A) for a maintenance or preservation ac2 tivity, whether or not federally funded, within 

3 the existing operational right-of-way, including 

4 for roadside ditches; or 

5 ‘‘(B) a project that— 

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

7 a project that the tribal department of 

8 transportation or the equivalent (or in the 

9 case of an Indian tribe without a tribal de10 partment of transportation or an official 

11 representing the Indian tribe) certifies to 

12 the Secretary as providing a safety benefit 

13 to the public; and 

14 ‘‘(ii) is an action that— 

15 ‘‘(I) is categorically excluded 

16 under section 771.117 of title 23, 

17 Code of Federal Regulations (or suc18 cessor regulations); or 

19 ‘‘(II) would be categorically ex20 cluded under section 771.117 of title 

21 23, Code of Federal Regulations (or 

22 successor regulations), if the applicant 

23 were a State agency. 

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

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1 tion on an application by an Indian tribe for a per2 mit, approval, or jurisdictional determination for a 

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

4 days after the date of receipt of the application. 

5 ‘‘(3) EXTENSIONS.—A Federal agency may ex6 tend the period to take final action on an application 

7 by an Indian tribe under paragraph (2) by an addi8 tional 30 days by providing to the Secretary and the 

9 Indian tribe notice of the extension, including a 

10 statement of the need for the extension. 

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

12 agency does not take final action on an application 

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

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

15 described in paragraph (1) shall be considered 

16 approved; and 

17 ‘‘(B) the Indian tribe shall notify the Sec18 retary of approval under this paragraph. 

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

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

21 shall submit to Congress a report that describes the 

22 operation of this subsection, including any rec23 ommendations.’’. 


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1 SEC. 5. BUREAU OF INDIAN AFFAIRS REDUCTION IN AD2 MINISTRATIVE FEE. 

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

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

5 for each fiscal year’’. 

6 SEC. 6. OPTION OF ASSUMING NEPA APPROVAL AUTHOR7 ITY. 

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

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

10 the Secretary of Transportation, as applicable. 

11 (b) ASSUMPTION OF FEDERAL RESPONSIBILITIES.— 

12 An Indian tribe participating in tribal self-governance or 

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

14 of section 202 of title 23, United States Code, and car15 rying out construction projects on the Indian reservation 

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

17 assume all Federal responsibilities under the National En18 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

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

20 and other applicable Federal law that would apply if the 

21 Secretary were to undertake a construction project if the 

22 Indian tribe— 

23 (1) designates an officer— 

24 (A) to represent the Indian tribe; and 

25 (B) to assume the status of a responsible 

26 Federal official under those laws; and 


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1 (2) accepts the jurisdiction of the Federal court 

2 for the purpose of enforcement of the responsibilities 

3 of the responsible Federal official under those laws. 

4 SEC. 7. TRIBAL GOVERNMENT TRANSPORTATION SAFETY 

5 DATA REPORT. 

6 (a) FINDINGS.—Congress finds that— 

7 (1) in many States, the Native American popu8 lation is disproportionately represented in fatalities 

9 and crash statistics; 

10 (2) improved crash reporting by tribal law en11 forcement agencies would facilitate safety planning 

12 and would enable Indian tribes to apply more suc13 cessfully for State and Federal funds for safety im14 provements; 

15 (3) the causes of underreporting of crashes on 

16 Indian reservations include— 

17 (A) tribal law enforcement capacity, in18 cluding— 

19 (i) staffing shortages and turnover; 

20 and 

21 (ii) lack of equipment, software, and 

22 training; and 

23 (B) lack of standardization in crash re24 porting forms and protocols; and 


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1 (4) without more accurate reporting of crashes 

2 on Indian reservations, it is difficult or impossible to 

3 fully understand the nature of the problem and de4 velop appropriate countermeasures, which may in5 clude effective transportation safety planning and 

6 programs aimed at— 

7 (A) DUI prevention; 

8 (B) pedestrian safety; 

9 (C) roadway safety improvements; 

10 (D) seat belt usage; and 

11 (E) proper use of child restraints. 

12 (b) REPORT TO CONGRESS.— 

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

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

15 after consultation with the Secretary of Transpor16 tation, the Secretary of Health and Human Services, 

17 the Attorney General, and Indian tribes, shall sub18 mit to the Committee on Indian Affairs of the Sen19 ate and the Committee on Natural Resources of the 

20 House of Representatives a report describing the 

21 quality of transportation safety data collected by 

22 States and counties for transportation safety sys23 tems and the relevance of that data to improving the 

24 collection and sharing of data on crashes on Indian 

25 reservations. 


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1 (2) PURPOSES.—The purposes of the report de2 scribed in paragraph (1) are— 

3 (A) to improve the collection and sharing 

4 of data on crashes on Indian reservations; and 

5 (B) to develop data that Indian tribes can 

6 use to recover damages to tribal property 

7 caused by motorists. 

8 (3) PAPERLESS DATA REPORTING.—In pre9 paring the report under paragraph (1), the Sec10 retary shall provide Indian tribes with options and 

11 best practices for transition to a paperless transpor12 tation safety data reporting system that— 

13 (A) improves the collection of crash re14 ports; 

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

16 crash records; and 

17 (C) uses data exclusively— 

18 (i) to address traffic safety issues on 

19 Indian reservations; and 

20 (ii) to identify and improve problem 

21 areas on public roads on Indian reserva22 tions. 

23 (4) ADDITIONAL BUDGETARY RESOURCES.— 

24 The Secretary shall include in the report under 

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1 tation funds provided to Indian tribes by agencies in 

2 addition to the Department of the Interior. 

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

4 Not later than 2 years after the date of enactment 

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

6 Secretary for Indian Affairs, in consultation with the Sec7 retary of Transportation, the Attorney General, and 

8 States, shall— 

9 (1) complete a study that identifies and evalu10 ates options for improving safety on public roads on 

11 Indian reservations; and 

12 (2) submit to the Committee on Indian Affairs 

13 of the Senate and the Committee on Natural Re14 sources of the House of Representatives a report de15 scribing the results of the study. 

16 SEC. 9. TRIBAL TRANSPORTATION FUNDING. 

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

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

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

20 the following: 

21 ‘‘(A) TRIBAL TRANSPORTATION PRO22 GRAM.—For the tribal transportation program 

23 under section 202 of title 23, United States 

24 Code (other than subsection (d) of that sec25 tion), there is authorized to be appropriated— 


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1 ‘‘(i) $468,180,000 for fiscal year 

2 2016; 

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

4 2017; 

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

6 2018; 

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

8 2019; 

9 ‘‘(v) $506,770,000 for fiscal year 

10 2020; and 

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

12 2021.’’; and 

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

14 ‘‘(D) TRIBAL TRANSPORTATION FACILITY

15 BRIDGE PROGRAM.—For the tribal transpor16 tation facility bridge program under section 

17 202(d) of title 23, United States Code, there is 

18 authorized to be appropriated— 

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

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

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

22 2018; 

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

24 2019; 


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

2 and 

3 ‘‘(vi) $26,000,000 for fiscal year 

4 2021.’’. 

5 (b) TRIBAL TRANSPORTATION FACILITY BRIDGE

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

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

8 the following: 

9 ‘‘(2) TRIBAL TRANSPORTATION FACILITY

10 BRIDGE PROGRAM.—The Secretary shall use funds 

11 made available to carry out this subsection— 

12 ‘‘(A) to carry out any planning, design, en13 gineering, preconstruction, construction, and in14 spection of new or replacement tribal transpor15 tation facility bridges; 

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

17 retrofit, paint, apply calcium magnesium ace18 tate, sodium acetate/formate, or other environ19 mentally acceptable, minimally corrosive anti20 icing and deicing composition; or 

21 ‘‘(C) to implement any countermeasure for 

22 deficient tribal transportation facility bridges, 

23 including multiple-pipe culverts.’’. 


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1 SECTION 1. SHORT TITLE. 

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

3 and Roads Enhancement and Safety Act’’ or ‘‘TIRES Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 reservation’’ has the meaning given the term ‘‘reserva8 tion’’ in section 3 of the Indian Financing Act of 

9 1974 (25 U.S.C. 1452). 

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

11 the Secretary of the Interior. 

12 SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO 

13 CERTAIN TRIBAL TRANSPORTATION FACILI14 TIES. 

15 (a) CATEGORICAL EXCLUSIONS.— 

16 (1) IN GENERAL.—Effective on the date of enact17 ment of this Act, a highway project, including 

18 projects administered by the Bureau of Indian Af19 fairs, located on a road eligible for assistance under 

20 section 202 of title 23, United States Code, is deemed 

21 to be an action categorically excluded from the re22 quirements relating to environmental assessments or 

23 environmental impact statements under section 

24 1508.4 of title 40, Code of Federal Regulations (as in 

25 effect on the date of enactment of this Act), if the 

26 project— 


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1 (A) qualifies for categorical exclusion 

2 under— 

3 (i) MAP–21 (Public Law 112–141; 126 

4 Stat. 405) or an amendment made by that 

5 Act; or 

6 (ii) section 771.117 of title 23, Code of 

7 Federal Regulations (or successor regula8 tions); or 

9 (B) would meet those requirements if the 

10 project sponsor were a State agency. 

11 (2) MAP–21 CATEGORICAL EXCLUSIONS TO CER12 TAIN TRIBAL TRANSPORTATION FACILITIES.—Section 

13 1317 of MAP–21 (23 U.S.C. 109 note; 126 Stat. 550) 

14 is amended— 

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

16 and’’ and inserting a period; 

17 (B) beginning in the matter preceding 

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

19 all that follows through ‘‘(1) designate’’ and in20 serting the following: 

21 ‘‘(a) DESIGNATION OF CATEGORICAL EXCLUSIONS.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 not later than 180 days after the date of enactment 

24 of this Act, the Secretary shall designate’’; 

25 (C) in paragraph (2)— 


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

2 inserting ‘‘subsection (a)’’; and 

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

4 and inserting the following: 

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

6 than’’; and 

7 (D) in subsection (a) (as designated by sub8 paragraph (B)), by adding at the end the fol9 lowing: 

10 ‘‘(2) APPLICATION OF CATEGORICAL EXCLUSIONS

11 TO CERTAIN TRIBAL TRANSPORTATION FACILITIES.— 

12 With respect to a project described in paragraph (1) 

13 that is located on a road eligible for assistance under 

14 section 202 of title 23, United States Code, for the 

15 first full fiscal year after the date of enactment of the 

16 TIRES Act, and each fiscal year thereafter, the 

17 amount referred to in paragraph (1)(A) shall be ad18 justed to reflect changes for the 12-month period end19 ing the preceding November 30 in the Consumer Price 

20 Index for All Urban Consumers published by the Bu21 reau of Labor Statistics of the Department of Labor.’’. 

22 (b) ADMINISTRATION.—The Secretary may issue guid23 ance or rules for the administration of this section. 

24 (c) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—The categorical exclusions de2 scribed in subsection (a), and the amendments made 

3 by subsection (a), take effect on the date of enactment 

4 of this Act. 

5 (2) FAILURE OF SECRETARY TO ACT.—The fail6 ure of the Secretary to promulgate any final regula7 tions or guidance shall not affect the qualification for 

8 the categorical exclusions described in subsection (a). 

9 SEC. 4. STREAMLINING FOR TRIBAL PUBLIC SAFETY 

10 PROJECTS WITHIN EXISTING OPERATIONAL 

11 RIGHTS-OF-WAY. 

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

13 Stat. 549) is amended— 

14 (1) in subsection (b)— 

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

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

17 the’’ and inserting the following: 

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

19 ‘‘(1) OPERATIONAL RIGHT-OF-WAY.— 

20 ‘‘(A) IN GENERAL.—The’’; and 

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

22 ‘‘(B) INCLUSION.—For purposes of subpara23 graph (A), if a real property interest on an In24 dian reservation has not been formally des25 ignated an operational right-of-way, an Indian 


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1 tribe may determine the scope and boundaries of 

2 that real property interest as an operational 

3 right-of-way, subject to the approval of the Bu4 reau of Indian Affairs and the Secretary. 

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

6 ‘‘(A) IN GENERAL.—The term ‘tribal public 

7 safety project’ means a project subject to this sec8 tion that— 

9 ‘‘(i) corrects or improves a hazardous 

10 road location or feature; or 

11 ‘‘(ii) addresses a highway safety prob12 lem. 

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

14 safety project’ includes a project for 1 or more of 

15 the following: 

16 ‘‘(i) An intersection safety improve17 ment. 

18 ‘‘(ii) Pavement and shoulder widening, 

19 including addition of a passing lane to 

20 remedy an unsafe condition. 

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

22 other warning device, if the rumble strip or 

23 other warning device does not adversely af24 fect the safety or mobility of bicyclists, pe25 destrians, or the disabled. 


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

2 surface at an intersection or other location 

3 with a high frequency of accidents. 

4 ‘‘(v) An improvement for pedestrian or 

5 bicyclist safety or safety of the disabled. 

6 ‘‘(vi) Construction of any project for 

7 the elimination of hazards at a railway8 highway crossing that is eligible for funding 

9 under section 130 of title 23, United States 

10 Code, including the separation or protection 

11 of grades at railway-highway crossings. 

12 ‘‘(vii) Construction of a railway-high13 way crossing safety feature, including in14 stallation of protective devices. 

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

16 enforcement activity at a railway-highway 

17 crossing. 

18 ‘‘(ix) Construction of a traffic calming 

19 feature. 

20 ‘‘(x) Elimination of a roadside obsta21 cle. 

22 ‘‘(xi) Improvement of highway signage 

23 and pavement markings. 


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1 ‘‘(xii) Installation of a priority control 

2 system for emergency vehicles at signalized 

3 intersections. 

4 ‘‘(xiii) Installation of a traffic control 

5 or other warning device at a location with 

6 high accident potential. 

7 ‘‘(xiv) Safety-conscious planning. 

8 ‘‘(xv) Improvements in the collection 

9 and analysis of crash data. 

10 ‘‘(xvi) Planning integrated interoper11 able emergency communications equipment, 

12 operational activities, or traffic enforcement 

13 activities, including police assistance, relat14 ing to workzone safety. 

15 ‘‘(xvii) Installation of guardrails, bar16 riers, including barriers between construc17 tion work zones and traffic lanes for the 

18 safety of motorists and workers, and crash 

19 attenuators. 

20 ‘‘(xviii) The addition or retrofitting of 

21 structures or other measures to eliminate or 

22 reduce accidents involving vehicles and 

23 wildlife. 

24 ‘‘(xix) Installation and maintenance of 

25 signs, including fluorescent, yellow-green 


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1 signs, at pedestrian-bicycle crossings and in 

2 school zones. 

3 ‘‘(xx) Construction and yellow-green 

4 signs at pedestrian-bicycle crossings and in 

5 school zones. 

6 ‘‘(xxi) Construction and operational 

7 improvements on high-risk rural roads. 

8 ‘‘(xxii) Any other project that the Sec9 retary determines qualifies.’’; 

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

11 subsections (b) and (a), respectively, and moving the 

12 subsections so as to appear in alphabetical order; 

13 (3) in subsection (b) (as so redesignated), in the 

14 subsection heading, by striking ‘‘IN GENERAL’’ and 

15 inserting ‘‘DESIGNATION’’; and 

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

17 ‘‘(c) PROJECTS WITHIN EXISTING OPERATIONAL

18 RIGHTS-OF-WAY.— 

19 ‘‘(1) APPLICABILITY.—This subsection applies to 

20 a project within an existing operational right-of-way 

21 on an Indian reservation (as defined in section 3 of 

22 the Indian Financing Act of 1974 (25 U.S.C. 1452)) 

23 that is— 

24 ‘‘(A) for a maintenance or preservation ac25 tivity, whether or not federally funded, within 


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1 the existing operational right-of-way, including 

2 for roadside ditches; or 

3 ‘‘(B) a project that— 

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

5 a project that the tribal department of 

6 transportation or the equivalent (or in the 

7 case of an Indian tribe without a tribal de8 partment of transportation or equivalent, 

9 an official representing the Indian tribe) 

10 certifies to the Secretary as providing a 

11 safety benefit to the public; and 

12 ‘‘(ii) is an action that— 

13 ‘‘(I) is categorically excluded 

14 under section 771.117 of title 23, Code 

15 of Federal Regulations (or successor 

16 regulations); or 

17 ‘‘(II) would be categorically ex18 cluded under section 771.117 of title 

19 23, Code of Federal Regulations (or 

20 successor regulations), if the applicant 

21 were a State agency. 

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

23 paragraph (3), a Federal agency shall take final ac24 tion on an application by an Indian tribe for a per25 mit, approval, or jurisdictional determination for a 


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

2 days after the date of receipt of the application. 

3 ‘‘(3) EXTENSIONS.—A Federal agency may ex4 tend the period to take final action on an application 

5 by an Indian tribe under paragraph (2) by an addi6 tional 30 days by providing to the Secretary and the 

7 Indian tribe notice of the extension, including a state8 ment of the need for the extension. 

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

10 agency does not take final action on an application 

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

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

13 described in paragraph (1) shall be considered 

14 approved; and 

15 ‘‘(B) the Indian tribe shall notify the Sec16 retary of approval under this paragraph. 

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

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

19 shall submit to Congress a report that describes the 

20 operation of this subsection, including any rec21 ommendations.’’. 


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1 SEC. 5. BUREAU OF INDIAN AFFAIRS REDUCTION IN ADMIN2 ISTRATIVE FEE. 

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

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

5 for each fiscal year’’. 

6 SEC. 6. OPTION OF ASSUMING NEPA APPROVAL AUTHOR7 ITY. 

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

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

10 Secretary of Transportation, as applicable. 

11 (b) ASSUMPTION OF FEDERAL RESPONSIBILITIES.— 

12 An Indian tribe participating in tribal self-governance or 

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

14 of section 202 of title 23, United States Code, and carrying 

15 out construction projects on the Indian reservation over 

16 which the Indian tribe has jurisdiction, may elect to assume 

17 all Federal responsibilities under the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), division 

19 A of subtitle III of title 54, United States Code, and other 

20 applicable Federal law that would apply if the Secretary 

21 were to undertake a construction project if the Indian 

22 tribe— 

23 (1) designates an officer— 

24 (A) to represent the Indian tribe; and 

25 (B) to assume the status of a responsible 

26 Federal official under those laws; and 


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1 (2) accepts the jurisdiction of the Federal court 

2 for the purpose of enforcement of the responsibilities 

3 of the responsible Federal official under those laws. 

4 SEC. 7. TRIBAL GOVERNMENT TRANSPORTATION SAFETY 

5 DATA REPORT. 

6 (a) FINDINGS.—Congress finds that— 

7 (1) in many States, the Native American popu8 lation is disproportionately represented in fatalities 

9 and crash statistics; 

10 (2) improved crash reporting by tribal law en11 forcement agencies would facilitate safety planning 

12 and would enable Indian tribes to apply more suc13 cessfully for State and Federal funds for safety im14 provements; 

15 (3) the causes of underreporting of crashes on In16 dian reservations include— 

17 (A) tribal law enforcement capacity, includ18 ing— 

19 (i) staffing shortages and turnover; 

20 and 

21 (ii) lack of equipment, software, and 

22 training; and 

23 (B) lack of standardization in crash report24 ing forms and protocols; and 


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1 (4) without more accurate reporting of crashes 

2 on Indian reservations and rural roads located in or 

3 around Alaska Native villages and within the bound4 aries of Regional Corporations (within the meaning 

5 of the Alaska Native Claims Settlement Act (43 

6 U.S.C. 1601 et seq.)), it is difficult or impossible to 

7 fully understand the nature of the problem and de8 velop appropriate countermeasures, which may in9 clude effective transportation safety planning and 

10 programs aimed at— 

11 (A) DUI prevention; 

12 (B) pedestrian safety; 

13 (C) roadway safety improvements; 

14 (D) seat belt usage; and 

15 (E) proper use of child restraints. 

16 (b) REPORT TO CONGRESS.— 

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

18 the date of enactment of this Act, the Secretary, after 

19 consultation with the Secretary of Transportation, the 

20 Secretary of Health and Human Services, the Attor21 ney General, and Indian tribes, shall submit to the 

22 Committee on Indian Affairs of the Senate and the 

23 Committee on Natural Resources of the House of Rep24 resentatives a report describing the quality of trans25 portation safety data collected by States and counties 


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1 for transportation safety systems and the relevance of 

2 that data to improving the collection and sharing of 

3 data on crashes on or near— 

4 (A) Indian reservations; or 

5 (B) rural roads located in or around Alaska 

6 Native villages and within the boundaries of Re7 gional Corporations (within the meaning of the 

8 Alaska Native Claims Settlement Act (43 U.S.C. 

9 1601 et seq.)). 

10 (2) PURPOSES.—The purposes of the report de11 scribed in paragraph (1) are— 

12 (A) to improve the collection and sharing of 

13 data on crashes on or near Indian reservations; 

14 and 

15 (B) to develop data that Indian tribes can 

16 use to recover damages to tribal property caused 

17 by motorists. 

18 (3) PAPERLESS DATA REPORTING.—In preparing 

19 the report under paragraph (1), the Secretary shall 

20 provide Indian tribes with options and best practices 

21 for transition to a paperless transportation safety 

22 data reporting system that— 

23 (A) improves the collection of crash reports; 

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

25 crash records; and 


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1 (C) uses data exclusively— 

2 (i) to address traffic safety issues on— 

3 (I) Indian reservations; and 

4 (II) rural roads located in or 

5 around Alaska Native villages and 

6 within the boundaries of Regional Cor7 porations (within the meaning of the 

8 Alaska Native Claims Settlement Act 

9 (43 U.S.C. 1601 et seq.)); and 

10 (ii) to identify and improve problem 

11 areas on— 

12 (I) public roads on Indian res13 ervations; and 

14 (II) rural roads located in or 

15 around Alaska Native villages and 

16 within the boundaries of Regional Cor17 porations (within the meaning of the 

18 Alaska Native Claims Settlement Act 

19 (43 U.S.C. 1601 et seq.)). 

20 (4) ADDITIONAL BUDGETARY RESOURCES.—The 

21 Secretary shall include in the report under paragraph 

22 (1) the identification of Federal transportation funds 

23 provided to Indian tribes by agencies in addition to 

24 the Department of the Interior. 


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

2 Not later than 2 years after the date of enactment of 

3 this Act, the Secretary, acting through the Assistant Sec4 retary for Indian Affairs, in consultation with the Sec5 retary of Transportation, the Attorney General, and States, 

6 shall— 

7 (1) complete a study that identifies and evalu8 ates options for improving safety on— 

9 (A) public roads on or near Indian reserva10 tions; and 

11 (B) rural roads located in or around Alaska 

12 Native villages and within the boundaries of Re13 gional Corporations (within the meaning of the 

14 Alaska Native Claims Settlement Act (43 U.S.C. 

15 1601 et seq.)); and 

16 (2) submit to the Committee on Indian Affairs 

17 of the Senate and the Committee on Natural Re18 sources of the House of Representatives a report de19 scribing the results of the study. 

20 SEC. 9. TRIBAL TRANSPORTATION FUNDING. 

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

22 (Public Law 112–141; 126 Stat. 414) is amended— 

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

24 the following: 

25 ‘‘(A) TRIBAL TRANSPORTATION PROGRAM.— 

26 For the tribal transportation program under secVerDate Sep 11 2014 23:38 Feb 29, 2016 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\S1776.RS S1776

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1 tion 202 of title 23, United States Code (other 

2 than subsection (d) of that section), there are au3 thorized to be appropriated— 

4 ‘‘(i) $468,180,000 for fiscal year 2016; 

5 ‘‘(ii) $477,540,000 for fiscal year 2017; 

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

7 2018; 

8 ‘‘(iv) $496,830,000 for fiscal year 2019; 

9 ‘‘(v) $506,770,000 for fiscal year 2020; 

10 and 

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

12 2021.’’; and 

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

14 ‘‘(D) TRIBAL TRANSPORTATION FACILITY

15 BRIDGE PROGRAM.—For the tribal transpor16 tation facility bridge program under section 

17 202(d) of title 23, United States Code, there are 

18 authorized to be appropriated— 

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

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

21 ‘‘(iii) $20,000,000 for fiscal year 2018; 

22 ‘‘(iv) $22,000,000 for fiscal year 2019; 

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

24 and 


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1 ‘‘(vi) $26,000,000 for fiscal year 

2 2021.’’. 

3 (3) TRIBAL TRANSPORTATION FACILITY BRIDGE

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

5 Code, is amended by striking paragraph (2) and in6 serting the following: 

7 ‘‘(2) TRIBAL TRANSPORTATION FACILITY BRIDGE

8 PROGRAM.—The Secretary shall use funds made 

9 available to carry out this subsection— 

10 ‘‘(A) to carry out any planning, design, en11 gineering, preconstruction, construction, and in12 spection of new or replacement tribal transpor13 tation facility bridges; 

14 ‘‘(B) to replace, rehabilitate, seismically ret15 rofit, paint, apply calcium magnesium acetate, 

16 sodium acetate/formate, or other environmentally 

17 acceptable, minimally corrosive anti-icing and 

18 deicing composition; or 

19 ‘‘(C) to implement any countermeasure for 

20 deficient tribal transportation facility bridges, 

21 including multiple-pipe culverts.’’. 


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Calendar No. 378 

114TH CONGRESS 

2D SESSION S. 1776 

[Report No. 114–217] 

A BILL 

To enhance tribal road safety, and for other 

purposes. 

FEBRUARY 29, 2016 

Reported with an amendment 


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