II

106TH CONGRESS

2D SESSION S. 2283

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

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’’.

6 SEC. 2. AMENDMENTS RELATING TO INDIAN TRIBES.

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

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

9 U.S.C. 104 note) is amended—
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1 (1) in paragraph (7), by striking ‘‘and’’ at the

2 end;

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

4 inserting ‘‘; and’’; and

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

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

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

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

9 following:

10 ‘‘(C) FEDERAL LANDS HIGHWAY PROGRAM

11 DEMONSTRATION PROJECT.—

12 ‘‘(i) IN GENERAL.—The Secretary

13 shall establish a demonstration project

14 under which all funds made available

15 under this title for Indian reservation

16 roads and for highway bridges located on

17 Indian reservation roads as provided for in

18 subparagraph (A), shall be made available,

19 upon request of the Indian tribal govern20 ment involved, to the Indian tribal govern21 ment for contracts and agreements for the

22 planning, research, engineering, and con23 struction described in such subparagraph

24 in accordance with the Indian Self-Deter25 mination and Education Assistance Act.
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1 ‘‘(ii) EXCLUSION OF AGENCY PARTICI2 PATION.—In accordance with subpara3 graph (B), all funds for Indian reservation

4 roads and for highway bridges located on

5 Indian reservation roads to which clause

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

7 the organizational level at which the Fed8 eral lands highway program has previously

9 carried out the programs, functions, serv10 ices, or activities involved.

11 ‘‘(iii) SELECTION OF PARTICIPATING

12 TRIBES.—

13 ‘‘(I) PARTICIPANTS.—

14 ‘‘(aa) IN GENERAL.—The

15 Secretary may select not to ex16 ceed 12 Indian tribes in each fis17 cal year from the applicant pool

18 described in subclause (II) to

19 participate in the demonstration

20 project carried out under clause

21 (i).

22 ‘‘(bb) CONSORTIA.—Two or

23 more Indian tribes that are oth24 erwise eligible to participate in a

25 program or activity to which this
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1 title applies may form a consor2 tium to be considered as a single

3 tribe for purposes of becoming

4 part of the applicant pool under

5 subclause (II).

6 ‘‘(II) APPLICANT POOL.—The ap7 plicant pool described in this sub8 clause shall consist of each Indian

9 tribe (or consortium) that—

10 ‘‘(aa) has successfully com11 pleted the planning phase de12 scribed in subclause (III);

13 ‘‘(bb) has requested partici14 pation in the demonstration

15 project under this subparagraph

16 through the adoption of a resolu17 tion or other official action by

18 the tribal governing body; and

19 ‘‘(cc) has, during the 3-fiscal

20 year period immediately pre21 ceding the fiscal year for which

22 participation under this subpara23 graph is being requested, dem24 onstrated financial stability and

25 financial management capability
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1 through a showing of no material

2 audit exceptions by the Indian

3 tribe during such period.

4 ‘‘(III) PLANNING PHASE.—An

5 Indian tribe (or consortium) request6 ing participation in the project under

7 this subparagraph shall complete a

8 planning phase that shall include legal

9 and budgetary research and internal

10 tribal government and organization

11 preparation. The tribe (or consortium)

12 shall be eligible to receive a grant

13 under this subclause to plan and ne14 gotiate participation in such project.’’.

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

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

17 thereof the following:

18 ‘‘(f) INDIAN RESERVATION ROAD, ADMINISTRA19 TION.—

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

21 provision of law, not to exceed 6 percent of the con22 tract authority amounts made available from the

23 Highway Trust Fund to the Bureau of Indian Af24 fairs shall be used to pay the administrative ex25 penses of the Bureau for the Indian reservation
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1 roads program and the administrative expenses re2 lated to individual projects that are associated with

3 such program. Such administrative funds shall be

4 made available to an Indian tribal government, upon

5 the request of the government, to be used for the as6 sociated administrative functions assumed by the In7 dian tribe under contracts and agreements entered

8 into pursuant to the Indian Self-Determination and

9 Education Assistance Act.

10 ‘‘(2) HEALTH AND SAFETY ASSURANCES.—Not11 withstanding any other provision of law, an Indian

12 tribe or tribal organization may commence construc13 tion that is funded through a contract or agreement

14 under the Indian Self-Determination and Education

15 Assistance Act only if the Indian tribe or tribal or16 ganization has—

17 ‘‘(A) provided assurances in the contract

18 or agreement that the construction will meet or

19 exceed proper health and safety standards;

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

21 plans and specifications from a licensed profes22 sional who has certified that the plans and

23 specifications meet or exceed the proper health

24 and safety standards; and
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1 ‘‘(C) provided a copy of the certification

2 under subparagraph (B) to the Bureau of In3 dian Affairs.’’.

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