II 

117TH CONGRESS 

1ST SESSION S. 358 

To amend title 23, United States Code, to modify the distribution of funds 

under the tribal transportation program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 23, 2021 

Mr. THUNE (for himself and Ms. SINEMA) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To amend title 23, United States Code, to modify the distribution of funds under the tribal transportation program, 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 Transportation 

5 Equity and Transparency Improvement Act of 2021’’. 

6 SEC. 2. TRIBAL TRANSPORTATION PROGRAM. 

7 (a) IN GENERAL.—Section 202 of title 23, United 

8 States Code, is amended— 


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1 (1) in subsection (a)(9)(A), by striking ‘‘con2 struction and improvement’’ and inserting ‘‘con3 struction, improvement, and highway safety’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1)— 

6 (i) by striking subparagraph (D) and 

7 inserting the following: 

8 ‘‘(D) ADDITIONAL FACILITIES.— 

9 ‘‘(i) IN GENERAL.—Not later than 

10 270 days after the date of enactment of 

11 the Tribal Transportation Equity and 

12 Transparency Improvement Act of 2021, 

13 and not less frequently than every 3 years 

14 thereafter, the Secretary of the Interior 

15 shall publish in the Federal Register a no16 tice requesting proposals from Indian 

17 tribes to include additional transportation 

18 facilities that are eligible for funding under 

19 the tribal transportation program in the 

20 inventory described in subparagraph (A), if 

21 those proposed additional facilities are in22 cluded in the inventory in a uniform and 

23 consistent manner nationally. 

24 ‘‘(ii) RULE OF CONSTRUCTION.— 

25 Nothing in this subparagraph— 


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1 ‘‘(I) prohibits the Secretary of 

2 the Interior from including in the in3 ventory under subparagraph (A) addi4 tional transportation facilities more 

5 frequently than required under clause 

6 (i), including, as necessary, in re7 sponse to a proposal from an eligible 

8 Indian tribe submitted during a pe9 riod not described in the notice under 

10 clause (i); or 

11 ‘‘(II) requires Indian tribes to 

12 submit proposals to the Secretary of 

13 the Interior in response to the notice 

14 required under clause (i).’’; and 

15 (ii) by adding at the end the fol16 lowing: 

17 ‘‘(F) PUBLIC AVAILABILITY.—The Sec18 retary of the Interior shall ensure that all non19 confidential information within the inventory 

20 described in subparagraph (A) is made avail21 able— 

22 ‘‘(i) in a user-friendly manner on the 

23 public website of the Department of the 

24 Interior; and 


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1 ‘‘(ii) in a manner capable of being 

2 searched and downloaded by users of the 

3 public website of the Department of the 

4 Interior.’’; and 

5 (B) in paragraph (3)(B), in the matter 

6 preceding clause (i), by striking ‘‘fiscal year 

7 2012’’ and inserting ‘‘the most recent fiscal 

8 year for which data is available’’; 

9 (3) in subsection (c)— 

10 (A) in paragraph (3)— 

11 (i) in subparagraph (A), by striking ‘‘; 

12 and’’ at the end and inserting a period; 

13 (ii) by striking subparagraph (B); and 

14 (iii) in the matter preceding subpara15 graph (A), by striking ‘‘shall be—’’ and all 

16 that follows through ‘‘selected by’’ in sub17 paragraph (A), and inserting ‘‘shall be se18 lected by’’; and 

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

20 ‘‘(4) NATIONALLY SIGNIFICANT FEDERAL

21 LANDS AND TRIBAL PROJECTS PROGRAM.—Notwith22 standing any other provision of this section, amounts 

23 made available to Indian tribes under subsection 

24 (b)(3) may be used for planning and design activi25 ties related to applications for grants under the naVerDate Sep 11 2014 02:47 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S358.IS S358

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1 tionally significant Federal lands and tribal projects 

2 program under section 1123 of the FAST Act (23 

3 U.S.C. 201 note; Public Law 114–94).’’; and 

4 (4) in subsection (e)(2), by striking ‘‘as appro5 priate,’’ and inserting ‘‘subject to subsection 

6 (a)(9),’’. 

7 (b) INSPECTOR GENERAL REVIEW.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of enactment of this Act, the Inspec10 tor General of the Department of Transportation 

11 and the Inspector General of the Department of the 

12 Interior shall jointly begin an audit of the tribal 

13 transportation program under section 202 of title 

14 23, United States Code (referred to in this section 

15 as the ‘‘program’’). 

16 (2) REVIEW.—The audit under paragraph (1) 

17 shall include— 

18 (A) a review of the data collection and 

19 management processes used by the Secretary of 

20 the Interior in maintaining the national inven21 tory of tribal transportation facilities under sec22 tion 202(b)(1) of title 23, United States Code; 

23 and 

24 (B) a review of the administration of the 

25 program, including whether— 


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1 (i) funding under the program is dis2 tributed in a timely manner that is con3 sistent with statutory and regulatory re4 quirements; and 

5 (ii) the current procedures and prac6 tices used by the Secretary of the Interior 

7 to allocate funding for tribal transportation 

8 facilities (as defined in section 101(a) of 

9 title 23, United States Code) under the 

10 program are transparent and consistently 

11 applied. 

12 (3) REPORT.—Not later than 1 year after the 

13 date of enactment of this Act, the Inspector General 

14 of the Department of Transportation and the In15 spector General of the Department of the Interior 

16 shall jointly submit a report describing the results of 

17 the audit under paragraph (1) to— 

18 (A) the Committee on Environment and 

19 Public Works of the Senate; 

20 (B) the Committee on Indian Affairs of the 

21 Senate; 

22 (C) the Committee on Transportation and 

23 Infrastructure of the House of Representatives; 

24 and 


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1 (D) the Committee on Natural Resources 

2 of the House of Representatives. 

3 (c) COMPTROLLER GENERAL REVIEW.— 

4 (1) IN GENERAL.—The Comptroller General of 

5 the United States (referred to in this subsection as 

6 the ‘‘Comptroller General’’) shall initiate an audit of 

7 the program. 

8 (2) REVIEW.—The audit under paragraph (1) 

9 shall include an examination of— 

10 (A) the funding formula of the program 

11 under section 202(b)(3) of title 23, United 

12 States Code, including key decisions made over 

13 time that have affected the methods used to de14 termine tribal shares of program funds; 

15 (B) whether, for purposes of allocating 

16 funding under section 202 of title 23, United 

17 States Code, the allocation methodology under 

18 subpart D of part 1000 of title 24, Code of 

19 Federal Regulations (as in effect on the date of 

20 enactment of this Act), provides an accurate 

21 and reliable estimate of tribal population; 

22 (C) potential alternatives to the method23 ology described in subparagraph (B) for pur24 poses of allocating funding under section 202 of 

25 title 23, United States Code; 


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1 (D) how the Secretary of the Interior en2 sures that— 

3 (i) the program is consistently admin4 istered; and 

5 (ii) program decisions are trans6 parently and consistently made; and 

7 (E) the potential effects of having the pro8 gram administered solely by the Secretary of 

9 the Interior or the Secretary of Transportation. 

10 (3) REPORT.—Not later than 540 days after 

11 the date of enactment of this Act, the Comptroller 

12 General shall submit a report describing the results 

13 of the audit under paragraph (1) to— 

14 (A) the Committee on Environment and 

15 Public Works of the Senate; 

16 (B) the Committee on Indian Affairs of the 

17 Senate; 

18 (C) the Committee on Transportation and 

19 Infrastructure of the House of Representatives; 

20 and 

21 (D) the Committee on Natural Resources 

22 of the House of Representatives. 

23 (d) OBLIGATION LIMITATIONS.—Notwithstanding 

24 section 1102(a) of the FAST Act (23 U.S.C. 104 note; 

25 Public Law 114–94) or any other provision of law proVerDate Sep 11 2014 02:47 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S358.IS S358

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1 viding a limitation on obligations for Federal-aid highway 

2 and highway safety construction programs for a fiscal 

3 year, amounts made available to carry out the tribal trans4 portation program under section 202 of title 23, United 

5 States Code, for a fiscal year shall not be subject to the 

6 obligation limitation for that fiscal year. 

7 SEC. 3. TRANSPORTATION FACILITY ELIGIBILITY. 

8 (a) DEFINITIONS.—In this section: 

9 (1) INVENTORY.—The term ‘‘inventory’’ means 

10 the national inventory of tribal transportation facili11 ties under section 202(b) of title 23, United States 

12 Code. 

13 (2) PROPOSED ROAD.—The term ‘‘proposed 

14 road’’ means a proposed road or facility (as defined 

15 in section 170.5 of title 25, Code of Federal Regula16 tions (as in effect on the date of enactment of this 

17 Act)) that is a road, including a primary access 

18 route (as defined in that section). 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (b) DEADLINE.—Not later than 180 days after the 

22 date of enactment of this Act, and not less frequently than 

23 every 3 years thereafter, the Secretary and the Secretary 

24 of Transportation shall require each Indian tribe that in25 tends to include a proposed road in the inventory to comVerDate Sep 11 2014 02:47 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S358.IS S358

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1 plete and submit for approval the documentation and 

2 other information required under section 170.443(a) of 

3 title 25, Code of Federal Regulations (as in effect on No4 vember 6, 2019), for the proposed road. 

5 (c) REPORT.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after each deadline described in subsection (b), the 

8 Secretary shall submit to the Committee on Indian 

9 Affairs of the Senate and the Committee on Natural 

10 Resources of the House of Representatives a report 

11 describing the proposed roads approved to be in12 cluded in the inventory. 

13 (2) REQUIREMENTS.—Each report under para14 graph (1) shall include, for each Indian reservation, 

15 Alaska Native village, or other recognized Indian 

16 community (including former Indian reservations in 

17 the State of Oklahoma)— 

18 (A) the mileage of proposed roads included 

19 in the inventory before the deadline described in 

20 subsection (b); 

21 (B) the mileage of proposed roads ap22 proved to be included in the inventory on the 

23 basis of the documentation and other informa24 tion submitted under subsection (b); and 


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1 (C) an estimate, based on the documenta2 tion and other information submitted under 

3 subsection (b), of the construction and mainte4 nance costs of the proposed roads described in 

5 subparagraph (B). 

6 SEC. 4. TRIBAL HIGHWAY SAFETY PARTNERSHIPS. 

7 Section 402 of title 23, United States Code, is 

8 amended— 

9 (1) in subsection (b)(1)(C), by striking ‘‘by’’ 

10 and inserting ‘‘by, or on behalf of,’’; and 

11 (2) in subsection (h)(2)— 

12 (A) by striking ‘‘Notwithstanding’’ and in13 serting the following: 

14 ‘‘(A) IN GENERAL.—Notwithstanding’’; 

15 and 

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

17 ‘‘(B) COOPERATION.—In accordance with 

18 section 202(a)(9)(A), an Indian tribe may use 

19 amounts described in subparagraph (A) in co20 operation with States, counties, and other local 

21 subdivisions for highway safety purposes.’’. 

22 SEC. 5. NATIONALLY SIGNIFICANT FEDERAL LANDS AND 

23 TRIBAL PROJECTS PROGRAM. 

24 Section 1123 of the FAST Act (23 U.S.C. 201 note; 

25 Public Law 114–94) is amended— 


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1 (1) in subsection (c)(3), by inserting ‘‘for a 

2 project that is to be carried out by an eligible entity 

3 that is not an Indian tribe,’’ before ‘‘having an’’; 

4 and 

5 (2) in subsection (g)(1)— 

6 (A) by striking ‘‘shall be up to’’ and insert7 ing the following: ‘‘shall be— 

8 ‘‘(A) for a project carried out by an Indian 

9 tribe, up to 100 percent; and 

10 ‘‘(B) for a project not described in sub11 paragraph (A), up to’’. 

12 SEC. 6. TRIBAL TRANSPORTATION ADVISORY COMMITTEE. 

13 (a) ESTABLISHMENT.—Subject to the availability of 

14 appropriations, not later than 180 days after the date of 

15 enactment of this Act, the Secretary of the Interior (re16 ferred to in this section as the ‘‘Secretary’’) shall establish 

17 within the Bureau of Indian Affairs a committee, to be 

18 known as the ‘‘Tribal Transportation Advisory Com19 mittee’’ (referred to in this section as the ‘‘Committee’’), 

20 which shall replace the Tribal Transportation Program 

21 Coordinating Committee established under sections 

22 170.135 through 170.137 of title 25, Code of Federal 

23 Regulations (as in effect on the date of enactment of this 

24 Act). 

25 (b) MEMBERSHIP.— 


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1 (1) IN GENERAL.—The Committee shall be 

2 composed of— 

3 (A) the Secretary (or a designee); 

4 (B) representatives of a diverse group of 

5 Indian tribes, including— 

6 (i) not fewer than 1 tribal representa7 tive from each region of the Bureau of In8 dian Affairs; and 

9 (ii) not more than 3 tribal representa10 tives from any 1 region of the Bureau of 

11 Indian Affairs; 

12 (C) State and local representatives; 

13 (D) not fewer than 1 representative of the 

14 Bureau of Indian Affairs; 

15 (E) not fewer than 1 representative of the 

16 Department of Transportation; and 

17 (F) other members, as determined to be 

18 appropriate by the Secretary in consultation 

19 with the Committee. 

20 (2) APPOINTMENT.—The Secretary shall ap21 point each member of the Committee. 

22 (3) CHAIRPERSON.—The Secretary (or a des23 ignee) shall serve as chairperson of the Committee. 

24 (c) TERMS.—Except for the Secretary, each member 

25 of the Committee shall serve for a term of 3 years. 


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1 (d) VACANCIES.—Any vacancy occurring in the mem2 bership of the Committee— 

3 (1) shall be filled in the same manner as the 

4 original appointment was made; and 

5 (2) shall not affect the power of the remaining 

6 members to carry out the duties of the Committee. 

7 (e) DUTIES.— 

8 (1) IN GENERAL.—The Committee shall— 

9 (A) regularly provide advice to the Sec10 retary on and, subject to the discretion of the 

11 Committee, study issues relating to tribal trans12 portation, including— 

13 (i) the tribal transportation program 

14 under section 202 of title 23, United 

15 States Code, including— 

16 (I) the funding formula used to 

17 determine tribal shares under the trib18 al transportation program; and 

19 (II) the national tribal transpor20 tation facility inventory established 

21 under subsection (b)(1) of that sec22 tion; 

23 (ii) the road maintenance program 

24 managed by the Bureau of Indian Affairs; 


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1 (iii) grants awarded to Indian tribes 

2 for public transportation using amounts 

3 made available under section 5311(c)(1) of 

4 title 49, United States Code; 

5 (iv) transportation safety within tribal 

6 reservations, including— 

7 (I) traffic safety; and 

8 (II) safety partnerships with 

9 Federal, State, and local authorities; 

10 (v) the availability of transportation 

11 funding in the event of a natural disaster; 

12 and 

13 (vi) any other policies or procedures 

14 related to tribal transportation, as deter15 mined by the Committee; and 

16 (B) carry out the duties of the Tribal 

17 Transportation Program Coordinating Com18 mittee established under sections 170.135 

19 through 170.137 of title 25, Code of Federal 

20 Regulations (as in effect on the date of enact21 ment of this Act). 

22 (2) BEST PRACTICES AND RECOMMENDA23 TIONS.—The Committee may, on a periodic basis, 

24 develop and present to the Secretary best practices 


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1 and recommendations regarding the issues described 

2 in clauses (i) through (vi) of paragraph (1)(A). 

3 (3) SUBCOMMITTEES.—The Committee may es4 tablish any subcommittees necessary to carry out the 

5 duties of the Committee. 

6 (f) REPORT TO CONGRESS.—Not later than 180 days 

7 after receiving any recommendations from the Committee 

8 under subsection (e)(2), the Secretary shall submit to the 

9 relevant committees of Congress a report describing those 

10 recommendations. 

11 (g) FEDERAL ADVISORY COMMITTEE ACT.—Except 

12 as otherwise provided in this section, the Federal Advisory 

13 Committee Act (5 U.S.C. App.) shall apply to the Com14 mittee and each subcommittee of the Committee. 

15 (h) DETAIL OF FEDERAL EMPLOYEES.— 

16 (1) IN GENERAL.—On request of the Com17 mittee, the Secretary may detail, with or without re18 imbursement, any of the personnel of the Depart19 ment of the Interior or, in consultation with the Sec20 retary of Transportation, the Department of Trans21 portation, to the Committee to assist the Committee 

22 in carrying out the duties of the Committee. 

23 (2) CIVIL SERVICE STATUS.—Any detail of a 

24 Federal employee under paragraph (1) shall not inVerDate Sep 11 2014 02:47 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S358.IS S358

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1 terrupt or otherwise affect the civil service status or 

2 privileges of the Federal employee being detailed. 

3 (i) PAYMENT AND EXPENSES.— 

4 (1) COMPENSATION.—Members of the Com5 mittee shall serve without pay. 

6 (2) TRAVEL EXPENSES.—Each member of the 

7 Committee shall receive, for a meeting called by the 

8 Secretary, travel expenses, including per diem in lieu 

9 of subsistence, in accordance with sections 5702 and 

10 5703 of title 5, United States Code. 

11 (j) TERMINATION.—The Committee, including sub12 committees of the Committee, shall terminate on the date 

13 that is 10 years after the date of enactment of this Act. 

Æ 


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