II

Calendar No. 796

106TH CONGRESS

2D SESSION S. 2283

[Report No. 106–406]

To amend the Transportation Equity Act for the 21st Century to make

certain amendments with respect to Indian tribes.

IN THE SENATE OF THE UNITED STATES

MARCH 23, 2000

Mr. CAMPBELL (for himself, Mr. JOHNSON, and Mr. INOUYE) introduced the

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

SEPTEMBER 11, 2000

Reported by Mr. CAMPBELL, with an amendment

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

A BILL

To amend the Transportation Equity Act for the 21st Century to make certain amendments with respect to Indian

tribes.

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 ‘‘Indian Tribal Surface

5 Transportation Act of 2000’’.
2

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1 SEC. 2. AMENDMENTS RELATING TO INDIAN TRIBES.

2 (a) OBLIGATION LIMITATION.—Section 1102(b) of

3 the Transportation Equity Act for the 21st Century (23

4 U.S.C. 104 note) is amended—

5 (1) in paragraph (7), by striking ‘‘and’’ at the

6 end;

7 (2) in paragraph (8), by striking the period and

8 inserting ‘‘; and’’; and

9 (3) by adding at the end thereof the following:

10 ‘‘(9) under section 1101(a)(8)(A).’’.

11 (b) PILOT PROGRAM.—Section 202(d)(3) of title 23,

12 United States Code, is amended by adding at the end the

13 following:

14 ‘‘(C) FEDERAL LANDS HIGHWAY PROGRAM

15 DEMONSTRATION PROJECT.—

16 ‘‘(i) IN GENERAL.—The Secretary

17 shall establish a demonstration project

18 under which all funds made available

19 under this title for Indian reservation

20 roads and for highway bridges located on

21 Indian reservation roads as provided for in

22 subparagraph (A), shall be made available,

23 upon request of the Indian tribal govern24 ment involved, to the Indian tribal govern25 ment for contracts and agreements for the

26 planning, research, engineering, and con-
3

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1 struction described in such subparagraph

2 in accordance with the Indian Self-Deter3 mination and Education Assistance Act.

4 ‘‘(ii) EXCLUSION OF AGENCY PARTICI5 PATION.—In accordance with subpara6 graph (B), all funds for Indian reservation

7 roads and for highway bridges located on

8 Indian reservation roads to which clause

9 (i) applies, shall be paid without regard to

10 the organizational level at which the Fed11 eral lands highway program has previously

12 carried out the programs, functions, serv13 ices, or activities involved.

14 ‘‘(iii) SELECTION OF PARTICIPATING

15 TRIBES.—

16 ‘‘(I) PARTICIPANTS.—

17 ‘‘(aa) IN GENERAL.—The

18 Secretary may select not to ex19 ceed 12 Indian tribes in each fis20 cal year from the applicant pool

21 described in subclause (II) to

22 participate in the demonstration

23 project carried out under clause

24 (i).
4

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1 ‘‘(bb) CONSORTIA.—Two or

2 more Indian tribes that are oth3 erwise eligible to participate in a

4 program or activity to which this

5 title applies may form a consor6 tium to be considered as a single

7 tribe for purposes of becoming

8 part of the applicant pool under

9 subclause (II).

10 ‘‘(II) APPLICANT POOL.—The ap11 plicant pool described in this sub12 clause shall consist of each Indian

13 tribe (or consortium) that—

14 ‘‘(aa) has successfully com15 pleted the planning phase de16 scribed in subclause (III);

17 ‘‘(bb) has requested partici18 pation in the demonstration

19 project under this subparagraph

20 through the adoption of a resolu21 tion or other official action by

22 the tribal governing body; and

23 ‘‘(cc) has, during the 3-fiscal

24 year period immediately pre25 ceding the fiscal year for which
5

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1 participation under this subpara2 graph is being requested, dem3 onstrated financial stability and

4 financial management capability

5 through a showing of no material

6 audit exceptions by the Indian

7 tribe during such period.

8 ‘‘(III) PLANNING PHASE.—An

9 Indian tribe (or consortium) request10 ing participation in the project under

11 this subparagraph shall complete a

12 planning phase that shall include legal

13 and budgetary research and internal

14 tribal government and organization

15 preparation. The tribe (or consortium)

16 shall be eligible to receive a grant

17 under this subclause to plan and ne18 gotiate participation in such project.’’.

19 (c) ADMINISTRATION.—Section 202 of title 23,

20 United States Code, is amended by adding at the end

21 thereof the following:

22 ‘‘(f) INDIAN RESERVATION ROAD, ADMINISTRA23 TION.—

24 ‘‘(1) IN GENERAL.—Notwithstanding any other

25 provision of law, not to exceed 6 percent of the con-
6

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1 tract authority amounts made available from the

2 Highway Trust Fund to the Bureau of Indian Af3 fairs shall be used to pay the administrative ex4 penses of the Bureau for the Indian reservation

5 roads program and the administrative expenses re6 lated to individual projects that are associated with

7 such program. Such administrative funds shall be

8 made available to an Indian tribal government, upon

9 the request of the government, to be used for the as10 sociated administrative functions assumed by the In11 dian tribe under contracts and agreements entered

12 into pursuant to the Indian Self-Determination and

13 Education Assistance Act.

14 ‘‘(2) HEALTH AND SAFETY ASSURANCES.—Not15 withstanding any other provision of law, an Indian

16 tribe or tribal organization may commence construc17 tion that is funded through a contract or agreement

18 under the Indian Self-Determination and Education

19 Assistance Act only if the Indian tribe or tribal or20 ganization has—

21 ‘‘(A) provided assurances in the contract

22 or agreement that the construction will meet or

23 exceed proper health and safety standards;

24 ‘‘(B) obtained the advance review of the

25 plans and specifications from a licensed profes-
7

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1 sional who has certified that the plans and

2 specifications meet or exceed the proper health

3 and safety standards; and

4 ‘‘(C) provided a copy of the certification

5 under subparagraph (B) to the Bureau of In6 dian Affairs.’’.

7 SECTION 1. SHORT TITLE.

8 This Act may be cited as the ‘‘Indian Tribal Surface

9 Transportation Act of 2000’’.

10 SEC. 2. AMENDMENTS RELATING TO INDIAN TRIBES.

11 (a) OBLIGATION LIMITATION.—Section 1102(c)(1) of

12 the Transportation Equity Act for the 21st Century (23

13 U.S.C. 104 note) is amended—

14 (1) by striking ‘‘Code, and’’ and inserting

15 ‘‘Code,’’; and

16 (2) by inserting before the semicolon the fol17 lowing: ‘‘, and for each of fiscal years 2001 through

18 2003, amounts authorized for Indian reservation

19 roads under section 204 of title 23, United States

20 Code’’.

21 (b) PILOT PROGRAM.—Section 202(d)(3) of title 23,

22 United States Code, is amended by adding at the end the

23 following:

24 ‘‘(C) FEDERAL LANDS HIGHWAY PROGRAM

25 DEMONSTRATION PROJECT.—
8

•S 2283 RS

1 ‘‘(i) IN GENERAL.—The Secretary shall

2 establish a demonstration project under

3 which all funds made available under this

4 title for Indian reservation roads and for

5 highway bridges located on Indian reserva6 tion roads as provided for in subparagraph

7 (A), shall be made available, upon request of

8 the Indian tribal government involved, to

9 the Indian tribal government for contracts

10 and agreements for the planning, research,

11 engineering, and construction described in

12 such subparagraph in accordance with the

13 Indian Self-Determination and Education

14 Assistance Act.

15 ‘‘(ii) EXCLUSION OF AGENCY PARTICI16 PATION.—In accordance with subparagraph

17 (B), all funds for Indian reservation roads

18 and for highway bridges located on Indian

19 reservation roads to which clause (i) ap20 plies, shall be paid without regard to the or21 ganizational level at which the Federal

22 lands highway program has previously car23 ried out the programs, functions, services, or

24 activities involved.
9

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1 ‘‘(iii) SELECTION OF PARTICIPATING

2 TRIBES.—

3 ‘‘(I) PARTICIPANTS.—

4 ‘‘(aa) IN GENERAL.—The

5 Secretary shall select 12 geo6 graphically diverse Indian tribes

7 in each fiscal year from the appli8 cant pool described in subclause

9 (II) to participate in the dem10 onstration project carried out

11 under clause (i).

12 ‘‘(bb) CONSORTIA.—Two or

13 more Indian tribes that are other14 wise eligible to participate in a

15 program or activity to which this

16 title applies may form a consor17 tium to be considered as a single

18 tribe for purposes of becoming

19 part of the applicant pool under

20 subclause (II).

21 ‘‘(cc) FUNDING.—An Indian

22 tribe participating in the pilot

23 program under this subparagraph

24 shall receive funding in an

25 amount equivalent to the funding
10

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1 that such tribe would otherwise re2 ceive pursuant to the funding for3 mula established under section

4 1115(b) of the Transportation Eq5 uity Act for the 21st Century,

6 plus an additional percentage of

7 such amount, such additional per8 centage to be equivalent to the

9 percentage of funds withheld dur10 ing the fiscal year involved for the

11 road program management costs

12 of the Bureau of Indian Affairs

13 under section 202(f)(1) of title 23,

14 United States Code.

15 ‘‘(II) APPLICANT POOL.—The ap16 plicant pool described in this subclause

17 shall consist of each Indian tribe (or

18 consortium) that—

19 ‘‘(aa) has successfully com20 pleted the planning phase de21 scribed in subclause (III);

22 ‘‘(bb) has requested partici23 pation in the demonstration

24 project under this subparagraph

25 through the adoption of a resolu-
11

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1 tion or other official action by the

2 tribal governing body; and

3 ‘‘(cc) has, during the 3-fiscal

4 year period immediately pre5 ceding the fiscal year for which

6 participation under this subpara7 graph is being requested, dem8 onstrated financial stability and

9 financial management capability

10 through a showing of no material

11 audit exceptions by the Indian

12 tribe during such period.

13 ‘‘(III) CRITERIA FOR DETER14 MINING FINANCIAL STABILITY AND FI15 NANCIAL MANAGEMENT CAPACITY.—For

16 purposes of this subparagraph, evi17 dence that, during the 3-year period

18 referred to in subclause (II)(cc), an In19 dian tribe had no uncorrected signifi20 cant and material audit exceptions in

21 the required annual audit of the In22 dian tribe’s self-determination con23 tracts or self-governance funding agree24 ments with any Federal agency shall
12

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1 be conclusive evidence of the required

2 stability and capability.

3 ‘‘(IV) PLANNING PHASE.—An In4 dian tribe (or consortium) requesting

5 participation in the project under this

6 subparagraph shall complete a plan7 ning phase that shall include legal and

8 budgetary research and internal tribal

9 government and organization prepara10 tion. The tribe (or consortium) shall be

11 eligible to receive a grant under this

12 subclause to plan and negotiate par13 ticipation in such project.’’.

14 (c) ADMINISTRATION.—Section 202 of title 23, United

15 States Code, is amended by adding at the end thereof the

16 following:

17 ‘‘(f) INDIAN RESERVATION ROAD, ADMINISTRATION.—

18 ‘‘(1) IN GENERAL.—Notwithstanding any other

19 provision of law, not to exceed 6 percent of the con20 tract authority amounts made available from the

21 Highway Trust Fund to the Bureau of Indian Affairs

22 shall be used to pay the administrative expenses of the

23 Bureau for the Indian reservation roads program and

24 the administrative expenses related to individual

25 projects that are associated with such program. Such
13

•S 2283 RS

1 administrative funds shall be made available to an

2 Indian tribal government, upon the request of the gov3 ernment, to be used for the associated administrative

4 functions assumed by the Indian tribe under contracts

5 and agreements entered into pursuant to the Indian

6 Self-Determination and Education Assistance Act.

7 ‘‘(2) HEALTH AND SAFETY ASSURANCES.—Not8 withstanding any other provision of law, an Indian

9 tribe or tribal organization may commence road and

10 bridge construction under the Transportation Equity

11 Act for the 21st Century (25 U.S.C. 104) that is fund12 ed through a contract or agreement under the Indian

13 Self-Determination and Education Assistance Act so

14 long as the Indian tribe or tribal organization has—

15 ‘‘(A) provided assurances in the contract or

16 agreement that the construction will meet or ex17 ceed proper health and safety standards;

18 ‘‘(B) obtained the advance review of the

19 plans and specifications from a licensed profes20 sional who has certified that the plans and speci21 fications meet or exceed the proper health and

22 safety standards; and

23 ‘‘(C) provided a copy of the certification

24 under subparagraph (B) to the Bureau of Indian

25 Affairs.’’.
Calendar No. 796

106TH CONGRESS

2D SESSION S. 2283

[Report No. 106–406]

A BILL

To amend the Transportation Equity Act for the

21st Century to make certain amendments withrespect to Indian tribes.

SEPTEMBER 11, 2000

Reported with an amendment