II 

108TH CONGRESS 

1ST SESSION S. 281

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

certain amendments with respect to Indian tribes, to provide for training 

and technical assistance to Native Americans who are interested in commercial vehicle driving careers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 4, 2003

Mr. CAMPBELL 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, to provide for training and technical assistance 

to Native Americans who are interested in commercial 

vehicle driving careers, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Indian Tribal Surface Transportation Improvement Act 

6 of 2003’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—INDIAN TRIBAL SURFACE TRANSPORTATION 

Sec. 101. Short title. 

Sec. 102. Amendments relating to Indian tribes. 

TITLE II—TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE 

AMERICANS 

Sec. 201. Short title. 

Sec. 202. Purposes. 

Sec. 203. Definitions. 

Sec. 204. Commercial vehicle driving training program.

3 TITLE I—INDIAN TRIBAL 

4 SURFACE TRANSPORTATION 

5 SEC. 101. SHORT TITLE. 

6 This title may be cited as the ‘‘Indian Tribal Surface 

7 Transportation Act of 2003’’. 

8 SEC. 102. AMENDMENTS RELATING TO INDIAN TRIBES. 

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

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

11 U.S.C. 104 note; 112 Stat. 116) is amended—

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

13 ‘‘Code,’’; and 

14 (2) by inserting before the semicolon the fol15 lowing: ‘‘, and for each of fiscal years 2003 and 

16 2004, amounts authorized for Indian reservation 

17 roads under section 204 of title 23, United States 

18 Code’’. 
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1 (b) DEMONSTRATION PROJECT.—Section 202(d)(3) 

2 of title 23, United States Code, is amended by adding at 

3 the end the following: 

4 ‘‘(C) FEDERAL LANDS HIGHWAY PROGRAM

5 DEMONSTRATION PROJECT.—

6 ‘‘(i) IN GENERAL.—The Secretary 

7 shall establish a demonstration project 

8 under which all funds made available 

9 under this title for Indian reservation 

10 roads and for highway bridges located on 

11 Indian reservation roads as provided for in 

12 subparagraph (A) shall be made available, 

13 on the request of an affected Indian tribal 

14 government, to the Indian tribal govern15 ment for use in carrying out, in accordance 

16 with the Indian Self-Determination and 

17 Education Assistance Act (25 U.S.C. 450 

18 et seq.), contracts and agreements for the 

19 planning, research, engineering, and con20 struction described in that subparagraph. 

21 ‘‘(ii) EXCLUSION OF AGENCY PARTICI22 PATION.—In accordance with subpara23 graph (B), all funds for Indian reservation 

24 roads and for highway bridges located on 

25 Indian reservation roads to which clause 
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1 (i) applies shall be paid without regard to 

2 the organizational level at which the Fed3 eral lands highway program has previously

4 carried out the programs, functions, serv5 ices, or activities involved. 

6 ‘‘(iii) SELECTION OF PARTICIPATING

7 TRIBES.—

8 ‘‘(I) PARTICIPANTS.—

9 ‘‘(aa) IN GENERAL.—For 

10 each fiscal year, the Secretary 

11 shall select 12 geographically di12 verse Indian tribes from the ap13 plicant pool described in sub14 clause (II) to participate in the 

15 demonstration project carried out 

16 under clause (i). 

17 ‘‘(bb) CONSORTIA.—Two or 

18 more Indian tribes that are oth19 erwise eligible to participate in a 

20 program or activity to which this 

21 title applies may form a consor22 tium to be considered as a single 

23 tribe for the purpose of becoming 

24 part of the applicant pool under 

25 subclause (II). 
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1 ‘‘(cc) FUNDING.—An Indian 

2 tribe participating in the pilot 

3 program under this subpara4 graph shall receive funding in an 

5 amount equal to the sum of the 

6 funding that the Indian tribe 

7 would otherwise receive in ac8 cordance with the funding for9 mula established under the other 

10 provisions of this subsection, and 

11 an additional percentage of that 

12 amount equal to the percentage 

13 of funds withheld during the ap14 plicable fiscal year for the road 

15 program management costs of 

16 the Bureau of Indian Affairs 

17 under subsection (f)(1). 

18 ‘‘(II) APPLICANT POOL.—The ap19 plicant pool described in this sub20 clause shall consist of each Indian 

21 tribe (or consortium) that—

22 ‘‘(aa) has successfully com23 pleted the planning phase de24 scribed in subclause (III); 
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1 ‘‘(bb) has requested partici2 pation in the demonstration 

3 project under this subparagraph 

4 through the adoption of a resolu5 tion or other official action by 

6 the tribal governing body; and 

7 ‘‘(cc) has demonstrated fi8 nancial stability and financial 

9 management capability in accord10 ance with subclause (III) during 

11 the 3-fiscal year period imme12 diately preceding the fiscal year 

13 for which participation under this 

14 subparagraph is being requested.

15 ‘‘(III) CRITERIA FOR DETER16 MINING FINANCIAL STABILITY AND FI17 NANCIAL MANAGEMENT CAPACITY.—

18 For the purpose of subclause (II), evi19 dence that, during the 3-year period 

20 referred to in subclause (II)(cc), an 

21 Indian tribe had no uncorrected sig22 nificant and material audit exceptions 

23 in the required annual audit of the In24 dian tribe’s self-determination con25 tracts or self-governance funding 
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1 agreements with any Federal agency 

2 shall be conclusive evidence of the re3 quired stability and capability. 

4 ‘‘(IV) PLANNING PHASE.—

5 ‘‘(aa) IN GENERAL.—An In6 dian tribe (or consortium) re7 questing participation in the 

8 demonstration project under this 

9 subparagraph shall complete a 

10 planning phase that shall include 

11 legal and budgetary research and 

12 internal tribal government and 

13 organization preparation. 

14 ‘‘(bb) ELIGIBILITY.—A tribe 

15 (or consortium) described in item 

16 (aa) shall be eligible to receive a 

17 grant under this subclause to 

18 plan and negotiate participation 

19 in a project described in that 

20 item.’’. 

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

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

23 following: 

24 ‘‘(f) ADMINISTRATION OF INDIAN RESERVATION

25 ROADS.—
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1 ‘‘(1) CONTRACT AUTHORITY.—

2 ‘‘(A) IN GENERAL.—Notwithstanding any 

3 other provision of law, for any fiscal year, not 

4 more than 6 percent of the contract authority 

5 amounts made available from the Highway 

6 Trust Fund to the Bureau of Indian Affairs 

7 under this title shall be used to pay the admin8 istrative expenses of the Bureau for the Indian 

9 reservation roads program (including the ad10 ministrative expenses relating to individual 

11 projects that are associated with the program). 

12 ‘‘(B) AVAILABILITY.—Amounts made 

13 available to pay administrative expenses under 

14 subparagraph (A) shall be made available to an 

15 Indian tribal government, on the request of the 

16 government, to be used for the associated ad17 ministrative functions assumed by the Indian 

18 tribe under contracts and agreements entered 

19 into under the Indian Self-Determination and 

20 Education Assistance Act (25 U.S.C. 450 et 

21 seq.). 

22 ‘‘(2) HEALTH AND SAFETY ASSURANCES.—Not23 withstanding any other provision of law, an Indian 

24 tribe or tribal organization may commence road and 

25 bridge construction under the Transportation Equity 
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1 Act for the 21st Century (Public Law 105–178) that 

2 is funded through a contract or agreement under the 

3 Indian Self-Determination and Education Assistance

4 Act (25 U.S.C. 450 et seq.) if the Indian tribe or 

5 tribal organization has—

6 ‘‘(A) provided assurances in the contract 

7 or agreement that the construction will meet or 

8 exceed proper health and safety standards; 

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

10 plans and specifications from a licensed profes11 sional who has certified that the plans and 

12 specifications meet or exceed the proper health 

13 and safety standards; and 

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

15 under subparagraph (B) to the Director of the 

16 Bureau of Indian Affairs. 

17 ‘‘(g) SAFETY INCENTIVE GRANTS.—

18 ‘‘(1) SEAT BELT SAFETY INCENTIVE GRANT

19 ELIGIBILITY.—Notwithstanding any other provision 

20 of law, an Indian tribe that is eligible to participate 

21 in the Indian reservation roads program under sub22 section (d) shall be deemed to be a State for the 

23 purpose of being eligible for safety incentive alloca24 tions under section 157 to assist Indian communities 
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1 in developing innovative programs to promote in2 creased seat belt use rates. 

3 ‘‘(2) INTOXICATED DRIVER SAFETY INCENTIVE

4 GRANT ELIGIBILITY.—Notwithstanding any other 

5 provision of law, an Indian tribe that is eligible to 

6 participate in the Indian reservation roads program 

7 under subsection (d) shall be deemed to be a State 

8 for the purpose of being eligible for safety incentive 

9 grants under section 163 to assist Indian commu10 nities in the prevention of the operation of motor ve11 hicles by intoxicated persons. 

12 ‘‘(3) FUNDING PROCEDURES AND ELIGIBILITY

13 CRITERIA.—

14 ‘‘(A) IN GENERAL.—The Secretary, in con15 sultation with Indian tribal governments, may 

16 develop funding procedures and eligibility cri17 teria applicable to Indian tribes with respect to 

18 allocations or grants described in paragraphs 

19 (1) and (2). 

20 ‘‘(B) PUBLICATION.—The Secretary shall 

21 ensure that procedures or criteria developed 

22 under subparagraph (A) are published annually 

23 in the Federal Register.’’. 
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1 TITLE II—TRAINING AND TECH2 NICAL ASSISTANCE FOR NA3 TIVE AMERICANS 

4 SEC. 201. SHORT TITLE. 

5 This title may be cited as the ‘‘Native American Com6 mercial Driving Training and Technical Assistance Act’’. 

7 SEC. 202. PURPOSES. 

8 The purposes of this title are—

9 (1) to foster and promote job creation and eco10 nomic opportunities for Native Americans; and 

11 (2) to provide education, technical, and training 

12 assistance to Native Americans who are interested in 

13 commercial vehicle driving careers. 

14 SEC. 203. DEFINITIONS. 

15 In this title: 

16 (1) COMMERCIAL VEHICLE DRIVING.—The term 

17 ‘‘commercial vehicle driving’’ means the driving of—

18 (A) a vehicle that is a tractor-trailer truck; 

19 or 

20 (B) any other vehicle (such as a bus or a 

21 vehicle used for the purpose of construction) the 

22 driving of which requires a commercial license. 

23 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

24 has the meaning given the term in section 4 of the 
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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 450b). 

3 (3) NATIVE AMERICAN.—The term ‘‘Native 

4 American’’ means an individual who is a member 

5 of—

6 (A) an Indian tribe; or 

7 (B) any people or culture that is indige8 nous to the United States, as determined by the 

9 Secretary. 

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

11 the Secretary of Labor. 

12 SEC. 204. COMMERCIAL VEHICLE DRIVING TRAINING PRO13 GRAM. 

14 (a) GRANTS.—The Secretary may provide grants, on 

15 a competitive basis, to entities described in subsection (b) 

16 to support programs providing training and certificates 

17 leading to the licensing of Native Americans with respect 

18 to commercial vehicle driving. 

19 (b) ELIGIBILITY.—To be eligible to receive a grant 

20 under subsection (a), an entity shall—

21 (1) be a tribal college or university (as defined 

22 in section 316(b)(3) of the Higher Education Act 

23 (20 U.S.C. 1059(b)(3)); and 

24 (2) prepare and submit to the Secretary an ap25 plication at such time, in such manner, and con-
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1 taining such information as the Secretary may re2 quire. 

3 (c) PRIORITY.—In providing grants under subsection 

4 (a), the Secretary shall give priority to grant applications 

5 that—

6 (1) propose training that exceeds proposed min7 imum standards for training tractor-trailer drivers 

8 of the Department of Transportation; 

9 (2) propose training that exceeds the entry level 

10 truck driver certification standards set by the Pro11 fessional Truck Driver Institute; and 

12 (3) propose an education partnership with a 

13 private trucking firm, trucking association, or simi14 lar entity in order to ensure the effectiveness of the 

15 grant program under this section. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as are nec18 essary to carry out this title.

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