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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1776 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Tribal Infrastructure and 
Roads Enhancement and Safety Act'' or ``TIRES Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN 
              TRIBAL TRANSPORTATION FACILITIES.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Categorical exclusions.--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 
        on an Indian reservation and 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--</DELETED>
                <DELETED>    (A) qualifies for categorical exclusion 
                under--</DELETED>
                        <DELETED>    (i) MAP-21 (Public Law 112-141; 
                        126 Stat. 405) or an amendment made by that 
                        Act; or</DELETED>
                        <DELETED>    (ii) section 771.117 of title 23, 
                        Code of Federal Regulations (or successor 
                        regulations); or</DELETED>
                <DELETED>    (B) would meet those requirements if the 
                project sponsor were a State agency.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in paragraph (1)(B), by striking ``; 
                and'' and inserting a period;</DELETED>
                <DELETED>    (B) beginning in the matter preceding 
                paragraph (1), by striking ``Not later than'' and all 
                that follows through ``(1) designate'' and inserting 
                the following:</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Designation of categorical exclusions.--
        Subject to paragraph (2), not later than 180 days after the 
        date of enactment of this Act, the Secretary shall 
        designate'';</DELETED>
                <DELETED>    (C) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking ``paragraph (1)'' 
                        and inserting ``subsection (a)''; and</DELETED>
                        <DELETED>    (ii) by striking ``(2) not later 
                        than'' and inserting the following:</DELETED>
<DELETED>    ``(b) Regulations.--The Secretary shall, not later than''; 
and</DELETED>
                <DELETED>    (D) in subsection (a) (as designated by 
                subparagraph (B)), by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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 on 
        an Indian reservation, 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.''.</DELETED>
<DELETED>    (b) Administration.--The Secretary may issue guidance or 
rules for the administration of this section.</DELETED>
<DELETED>    (c) Effective Date.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 4. STREAMLINING FOR TRIBAL PUBLIC SAFETY PROJECTS WITHIN 
              EXISTING OPERATIONAL RIGHTS-OF-WAY.</DELETED>

<DELETED>    Section 1316 of MAP-21 (23 U.S.C. 109 note; 126 Stat. 549) 
is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``(b) Definition of an 
                Operational Right-of-way.--In this section, the'' and 
                inserting the following:</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Operational right-of-way.--</DELETED>
                <DELETED>    ``(A) In general.--The''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Tribal public safety project.--</DELETED>
                <DELETED>    ``(A) In general.--The term `tribal public 
                safety project' means a project subject to this section 
                that--</DELETED>
                        <DELETED>    ``(i) corrects or improves a 
                        hazardous road location or feature; 
                        or</DELETED>
                        <DELETED>    ``(ii) addresses a highway safety 
                        problem.</DELETED>
                <DELETED>    ``(B) Inclusions.--The term `tribal public 
                safety project' includes a project for 1 or more of the 
                following:</DELETED>
                        <DELETED>    ``(i) An intersection safety 
                        improvement.</DELETED>
                        <DELETED>    ``(ii) Pavement and shoulder 
                        widening, including addition of a passing lane 
                        to remedy an unsafe condition.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iv) Installation of a skid-
                        resistant surface at an intersection or other 
                        location with a high frequency of 
                        accidents.</DELETED>
                        <DELETED>    ``(v) An improvement for 
                        pedestrian or bicyclist safety or safety of the 
                        disabled.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(vii) Construction of a railway-
                        highway crossing safety feature, including 
                        installation of protective devices.</DELETED>
                        <DELETED>    ``(viii) The conduct of a model 
                        traffic enforcement activity at a railway-
                        highway crossing.</DELETED>
                        <DELETED>    ``(ix) Construction of a traffic 
                        calming feature.</DELETED>
                        <DELETED>    ``(x) Elimination of a roadside 
                        obstacle.</DELETED>
                        <DELETED>    ``(xi) Improvement of highway 
                        signage and pavement markings.</DELETED>
                        <DELETED>    ``(xii) Installation of a priority 
                        control system for emergency vehicles at 
                        signalized intersections.</DELETED>
                        <DELETED>    ``(xiii) Installation of a traffic 
                        control or other warning device at a location 
                        with high accident potential.</DELETED>
                        <DELETED>    ``(xiv) Safety-conscious 
                        planning.</DELETED>
                        <DELETED>    ``(xv) Improvements in the 
                        collection and analysis of crash 
                        data.</DELETED>
                        <DELETED>    ``(xvi) Planning integrated 
                        interoperable emergency communications 
                        equipment, operational activities, or traffic 
                        enforcement activities, including police 
                        assistance, relating to workzone 
                        safety.</DELETED>
                        <DELETED>    ``(xvii) Installation of 
                        guardrails, barriers, including barriers 
                        between construction work zones and traffic 
                        lanes for the safety of motorists and workers, 
                        and crash attenuators.</DELETED>
                        <DELETED>    ``(xviii) The addition or 
                        retrofitting of structures or other measures to 
                        eliminate or reduce accidents involving 
                        vehicles and wildlife.</DELETED>
                        <DELETED>    ``(xix) Installation and 
                        maintenance of signs, including fluorescent, 
                        yellow-green signs, at pedestrian-bicycle 
                        crossings and in school zones.</DELETED>
                        <DELETED>    ``(xx) Construction and yellow-
                        green signs at pedestrian-bicycle crossings and 
                        in school zones.</DELETED>
                        <DELETED>    ``(xxi) Construction and 
                        operational improvements on high risk rural 
                        roads.</DELETED>
                        <DELETED>    ``(xxii) Any other project that 
                        the Secretary determines 
                        qualifies.'';</DELETED>
        <DELETED>    (2) by redesignating subsections (a) and (b) as 
        subsections (b) and (a), respectively;</DELETED>
        <DELETED>    (3) in subsection (b) (as so redesignated), in the 
        subsection heading, by striking ``In General'' and inserting 
        ``Designation''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(c) Projects Within Existing Operational Rights-of-
Way.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) for a maintenance or preservation 
                activity, whether or not federally funded, within the 
                existing operational right-of-way, including for 
                roadside ditches; or</DELETED>
                <DELETED>    ``(B) a project that--</DELETED>
                        <DELETED>    ``(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 an official 
                        representing the Indian tribe) certifies to the 
                        Secretary as providing a safety benefit to the 
                        public; and</DELETED>
                        <DELETED>    ``(ii) is an action that--
                        </DELETED>
                                <DELETED>    ``(I) is categorically 
                                excluded under section 771.117 of title 
                                23, Code of Federal Regulations (or 
                                successor regulations); or</DELETED>
                                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Constructive approval.--If a Federal agency 
        does not take final action on an application by an Indian tribe 
        under paragraphs (2) and (3)--</DELETED>
                <DELETED>    ``(A) the permit or approval for the 
                project described in paragraph (1) shall be considered 
                approved; and</DELETED>
                <DELETED>    ``(B) the Indian tribe shall notify the 
                Secretary of approval under this paragraph.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5. BUREAU OF INDIAN AFFAIRS REDUCTION IN ADMINISTRATIVE 
              FEE.</DELETED>

<DELETED>    Section 202(a)(6) of title 23, United States Code, is 
amended by striking ``6 percent'' and inserting ``5 percent for each 
fiscal year''.</DELETED>

<DELETED>SEC. 6. OPTION OF ASSUMING NEPA APPROVAL AUTHORITY.</DELETED>

<DELETED>    (a) Definition of Secretary.--In this section, the term 
``Secretary'' means the Secretary of the Interior or the Secretary of 
Transportation, as applicable.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) designates an officer--</DELETED>
                <DELETED>    (A) to represent the Indian tribe; 
                and</DELETED>
                <DELETED>    (B) to assume the status of a responsible 
                Federal official under those laws; and</DELETED>
        <DELETED>    (2) accepts the jurisdiction of the Federal court 
        for the purpose of enforcement of the responsibilities of the 
        responsible Federal official under those laws.</DELETED>

<DELETED>SEC. 7. TRIBAL GOVERNMENT TRANSPORTATION SAFETY DATA 
              REPORT.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) in many States, the Native American population 
        is disproportionately represented in fatalities and crash 
        statistics;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) the causes of underreporting of crashes on 
        Indian reservations include--</DELETED>
                <DELETED>    (A) tribal law enforcement capacity, 
                including--</DELETED>
                        <DELETED>    (i) staffing shortages and 
                        turnover; and</DELETED>
                        <DELETED>    (ii) lack of equipment, software, 
                        and training; and</DELETED>
                <DELETED>    (B) lack of standardization in crash 
                reporting forms and protocols; and</DELETED>
        <DELETED>    (4) without more accurate reporting of crashes on 
        Indian reservations, 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--</DELETED>
                <DELETED>    (A) DUI prevention;</DELETED>
                <DELETED>    (B) pedestrian safety;</DELETED>
                <DELETED>    (C) roadway safety improvements;</DELETED>
                <DELETED>    (D) seat belt usage; and</DELETED>
                <DELETED>    (E) proper use of child 
                restraints.</DELETED>
<DELETED>    (b) Report to Congress.--</DELETED>
        <DELETED>    (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 
        Indian reservations.</DELETED>
        <DELETED>    (2) Purposes.--The purposes of the report 
        described in paragraph (1) are--</DELETED>
                <DELETED>    (A) to improve the collection and sharing 
                of data on crashes on Indian reservations; 
                and</DELETED>
                <DELETED>    (B) to develop data that Indian tribes can 
                use to recover damages to tribal property caused by 
                motorists.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) improves the collection of crash 
                reports;</DELETED>
                <DELETED>    (B) stores, archives, queries, and shares 
                crash records; and</DELETED>
                <DELETED>    (C) uses data exclusively--</DELETED>
                        <DELETED>    (i) to address traffic safety 
                        issues on Indian reservations; and</DELETED>
                        <DELETED>    (ii) to identify and improve 
                        problem areas on public roads on Indian 
                        reservations.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. BUREAU OF INDIAN AFFAIRS ROAD SAFETY STUDY.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) complete a study that identifies and evaluates 
        options for improving safety on public roads on Indian 
        reservations; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 9. TRIBAL TRANSPORTATION FUNDING.</DELETED>

<DELETED>    (a) In General.--Section 1101(a)(3) of MAP-21 (Public Law 
112-141, 126 Stat. 414) is amended--</DELETED>
        <DELETED>    (1) by striking subparagraph (A) and inserting the 
        following:</DELETED>
                <DELETED>    ``(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 is authorized to be 
                appropriated--</DELETED>
                        <DELETED>    ``(i) $468,180,000 for fiscal year 
                        2016;</DELETED>
                        <DELETED>    ``(ii) $477,540,000 for fiscal 
                        year 2017;</DELETED>
                        <DELETED>    ``(iii) $487,090,000 for fiscal 
                        year 2018;</DELETED>
                        <DELETED>    ``(iv) $496,830,000 for fiscal 
                        year 2019;</DELETED>
                        <DELETED>    ``(v) $506,770,000 for fiscal year 
                        2020; and</DELETED>
                        <DELETED>    ``(vi) $516,905,400 for fiscal 
                        year 2021.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(D) Tribal transportation facility 
                bridge program.--For the tribal transportation facility 
                bridge program under section 202(d) of title 23, United 
                States Code, there is authorized to be appropriated--
                </DELETED>
                        <DELETED>    ``(i) $16,000,000 for fiscal year 
                        2016;</DELETED>
                        <DELETED>    ``(ii) $18,000,000 for fiscal year 
                        2017;</DELETED>
                        <DELETED>    ``(iii) $20,000,000 for fiscal 
                        year 2018;</DELETED>
                        <DELETED>    ``(iv) $22,000,000 for fiscal year 
                        2019;</DELETED>
                        <DELETED>    ``(v) $24,000,000 for fiscal year 
                        2020; and</DELETED>
                        <DELETED>    ``(vi) $26,000,000 for fiscal year 
                        2021.''.</DELETED>
<DELETED>    (b) Tribal Transportation Facility Bridge Program.--
Section 202(d) of title 23, United States Code, is amended by striking 
paragraph (2) and inserting the following:</DELETED>
        <DELETED>    ``(2) Tribal transportation facility bridge 
        program.--The Secretary shall use funds made available to carry 
        out this subsection--</DELETED>
                <DELETED>    ``(A) to carry out any planning, design, 
                engineering, preconstruction, construction, and 
                inspection of new or replacement tribal transportation 
                facility bridges;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) to implement any countermeasure for 
                deficient tribal transportation facility bridges, 
                including multiple-pipe culverts.''.</DELETED>

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)--
                    (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--
                            (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.''.
                                                       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
```