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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 281 Reported in Senate (RS)]

                                                       Calendar No. 284
108th CONGRESS
  1st Session
                                 S. 281

                          [Report No. 108-150]

  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  (for himself, Mr. Inouye, and Mr. Domenici) introduced 
the following bill; which was read twice and referred to the Committee 
                           on Indian Affairs

                           September 22, 2003

              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, to provide for 
     training and technical assistance to Native Americans who are 
    interested in commercial vehicle driving careers, 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; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Indian 
Tribal Surface Transportation Improvement Act of 2003''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
         <DELETED>TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION

<DELETED>Sec. 101. Short title.
<DELETED>Sec. 102. Amendments relating to Indian tribes.
    <DELETED>TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE 
                               AMERICANS

<DELETED>Sec. 201. Short title.
<DELETED>Sec. 202. Purposes.
<DELETED>Sec. 203. Definitions.
<DELETED>Sec. 204. Commercial vehicle driving training program.

    <DELETED>TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION</DELETED>

<DELETED>SEC. 101. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Indian Tribal Surface 
Transportation Act of 2003''.</DELETED>

<DELETED>SEC. 102. AMENDMENTS RELATING TO INDIAN TRIBES.</DELETED>

<DELETED>    (a) Obligation Limitation.--Section 1102(c)(1) of the 
Transportation Equity Act for the 21st Century (23 U.S.C. 104 note; 112 
Stat. 116) is amended--</DELETED>
        <DELETED>    (1) by striking ``Code, and'' and inserting 
        ``Code,''; and</DELETED>
        <DELETED>    (2) by inserting before the semicolon the 
        following: ``, and for each of fiscal years 2003 and 2004, 
        amounts authorized for Indian reservation roads under section 
        204 of title 23, United States Code''.</DELETED>
<DELETED>    (b) Demonstration Project.--Section 202(d)(3) of title 23, 
United States Code, is amended by adding at the end the 
following:</DELETED>
                <DELETED>    ``(C) Federal lands highway program 
                demonstration project.--</DELETED>
                        <DELETED>    ``(i) In general.--The Secretary 
                        shall establish a demonstration project under 
                        which all funds made available under this title 
                        for Indian reservation roads and for highway 
                        bridges located on Indian reservation roads as 
                        provided for in subparagraph (A) shall be made 
                        available, on the request of an affected Indian 
                        tribal government, to the Indian tribal 
                        government for use in carrying out, in 
                        accordance with the Indian Self-Determination 
                        and Education Assistance Act (25 U.S.C. 450 et 
                        seq.), contracts and agreements for the 
                        planning, research, engineering, and 
                        construction described in that 
                        subparagraph.</DELETED>
                        <DELETED>    ``(ii) Exclusion of agency 
                        participation.--In accordance with subparagraph 
                        (B), all funds for Indian reservation roads and 
                        for highway bridges located on Indian 
                        reservation roads to which clause (i) applies 
                        shall be paid without regard to the 
                        organizational level at which the Federal lands 
                        highway program has previously carried out the 
                        programs, functions, services, or activities 
                        involved.</DELETED>
                        <DELETED>    ``(iii) Selection of participating 
                        tribes.--</DELETED>
                                <DELETED>    ``(I) Participants.--
                                </DELETED>
                                        <DELETED>    ``(aa) In 
                                        general.--For each fiscal year, 
                                        the Secretary shall select 12 
                                        geographically diverse Indian 
                                        tribes from the applicant pool 
                                        described in subclause (II) to 
                                        participate in the 
                                        demonstration project carried 
                                        out under clause (i).</DELETED>
                                        <DELETED>    ``(bb) 
                                        Consortia.--Two or more Indian 
                                        tribes that are otherwise 
                                        eligible to participate in a 
                                        program or activity to which 
                                        this title applies may form a 
                                        consortium to be considered as 
                                        a single tribe for the purpose 
                                        of becoming part of the 
                                        applicant pool under subclause 
                                        (II).</DELETED>
                                        <DELETED>    ``(cc) Funding.--
                                        An Indian tribe participating 
                                        in the pilot program under this 
                                        subparagraph shall receive 
                                        funding in an amount equal to 
                                        the sum of the funding that the 
                                        Indian tribe would otherwise 
                                        receive in accordance with the 
                                        funding formula established 
                                        under the other provisions of 
                                        this subsection, and an 
                                        additional percentage of that 
                                        amount equal to the percentage 
                                        of funds withheld during the 
                                        applicable fiscal year for the 
                                        road program management costs 
                                        of the Bureau of Indian Affairs 
                                        under subsection 
                                        (f)(1).</DELETED>
                                <DELETED>    ``(II) Applicant pool.--
                                The applicant pool described in this 
                                subclause shall consist of each Indian 
                                tribe (or consortium) that--</DELETED>
                                        <DELETED>    ``(aa) has 
                                        successfully completed the 
                                        planning phase described in 
                                        subclause (III);</DELETED>
                                        <DELETED>    ``(bb) has 
                                        requested participation in the 
                                        demonstration project under 
                                        this subparagraph through the 
                                        adoption of a resolution or 
                                        other official action by the 
                                        tribal governing body; 
                                        and</DELETED>
                                        <DELETED>    ``(cc) has 
                                        demonstrated financial 
                                        stability and financial 
                                        management capability in 
                                        accordance with subclause (III) 
                                        during the 3-fiscal year period 
                                        immediately preceding the 
                                        fiscal year for which 
                                        participation under this 
                                        subparagraph is being 
                                        requested.</DELETED>
                                <DELETED>    ``(III) Criteria for 
                                determining financial stability and 
                                financial management capacity.--For the 
                                purpose of subclause (II), evidence 
                                that, during the 3-year period referred 
                                to in subclause (II)(cc), an Indian 
                                tribe had no uncorrected significant 
                                and material audit exceptions in the 
                                required annual audit of the Indian 
                                tribe's self-determination contracts or 
                                self-governance funding agreements with 
                                any Federal agency shall be conclusive 
                                evidence of the required stability and 
                                capability.</DELETED>
                                <DELETED>    ``(IV) Planning phase.--
                                </DELETED>
                                        <DELETED>    ``(aa) In 
                                        general.--An Indian tribe (or 
                                        consortium) requesting 
                                        participation in the 
                                        demonstration project under 
                                        this subparagraph shall 
                                        complete a planning phase that 
                                        shall include legal and 
                                        budgetary research and internal 
                                        tribal government and 
                                        organization 
                                        preparation.</DELETED>
                                        <DELETED>    ``(bb) 
                                        Eligibility.--A tribe (or 
                                        consortium) described in item 
                                        (aa) shall be eligible to 
                                        receive a grant under this 
                                        subclause to plan and negotiate 
                                        participation in a project 
                                        described in that 
                                        item.''.</DELETED>
<DELETED>    (c) Administration.--Section 202 of title 23, United 
States Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(f) Administration of Indian Reservation Roads.--
</DELETED>
        <DELETED>    ``(1) Contract authority.--</DELETED>
                <DELETED>    ``(A) In general.--Notwithstanding any 
                other provision of law, for any fiscal year, not more 
                than 6 percent of the contract authority amounts made 
                available from the Highway Trust Fund to the Bureau of 
                Indian Affairs under this title shall be used to pay 
                the administrative expenses of the Bureau for the 
                Indian reservation roads program (including the 
                administrative expenses relating to individual projects 
                that are associated with the program).</DELETED>
                <DELETED>    ``(B) Availability.--Amounts made 
                available to pay administrative expenses under 
                subparagraph (A) shall be made available to an Indian 
                tribal government, on the request of the government, to 
                be used for the associated administrative functions 
                assumed by the Indian tribe under contracts and 
                agreements entered into under the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.).</DELETED>
        <DELETED>    ``(2) Health and safety assurances.--
        Notwithstanding any other provision of law, an Indian tribe or 
        tribal organization may commence road and bridge construction 
        under the Transportation Equity Act for the 21st Century 
        (Public Law 105-178) that is funded through a contract or 
        agreement under the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.) if the Indian tribe or 
        tribal organization has--</DELETED>
                <DELETED>    ``(A) provided assurances in the contract 
                or agreement that the construction will meet or exceed 
                proper health and safety standards;</DELETED>
                <DELETED>    ``(B) obtained the advance review of the 
                plans and specifications from a licensed professional 
                who has certified that the plans and specifications 
                meet or exceed the proper health and safety standards; 
                and</DELETED>
                <DELETED>    ``(C) provided a copy of the certification 
                under subparagraph (B) to the Director of the Bureau of 
                Indian Affairs.</DELETED>
<DELETED>    ``(g) Safety Incentive Grants.--</DELETED>
        <DELETED>    ``(1) Seat belt safety incentive grant 
        eligibility.--Notwithstanding any other provision of law, an 
        Indian tribe that is eligible to participate in the Indian 
        reservation roads program under subsection (d) shall be deemed 
        to be a State for the purpose of being eligible for safety 
        incentive allocations under section 157 to assist Indian 
        communities in developing innovative programs to promote 
        increased seat belt use rates.</DELETED>
        <DELETED>    ``(2) Intoxicated driver safety incentive grant 
        eligibility.--Notwithstanding any other provision of law, an 
        Indian tribe that is eligible to participate in the Indian 
        reservation roads program under subsection (d) shall be deemed 
        to be a State for the purpose of being eligible for safety 
        incentive grants under section 163 to assist Indian communities 
        in the prevention of the operation of motor vehicles by 
        intoxicated persons.</DELETED>
        <DELETED>    ``(3) Funding procedures and eligibility 
        criteria.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary, in 
                consultation with Indian tribal governments, may 
                develop funding procedures and eligibility criteria 
                applicable to Indian tribes with respect to allocations 
                or grants described in paragraphs (1) and 
                (2).</DELETED>
                <DELETED>    ``(B) Publication.--The Secretary shall 
                ensure that procedures or criteria developed under 
                subparagraph (A) are published annually in the Federal 
                Register.''.</DELETED>

    <DELETED>TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE 
                          AMERICANS</DELETED>

<DELETED>SEC. 201. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Native American 
Commercial Driving Training and Technical Assistance Act''.</DELETED>

<DELETED>SEC. 202. PURPOSES.</DELETED>

<DELETED>    The purposes of this title are--</DELETED>
        <DELETED>    (1) to foster and promote job creation and 
        economic opportunities for Native Americans; and</DELETED>
        <DELETED>    (2) to provide education, technical, and training 
        assistance to Native Americans who are interested in commercial 
        vehicle driving careers.</DELETED>

<DELETED>SEC. 203. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) Commercial vehicle driving.--The term 
        ``commercial vehicle driving'' means the driving of--</DELETED>
                <DELETED>    (A) a vehicle that is a tractor-trailer 
                truck; or</DELETED>
                <DELETED>    (B) any other vehicle (such as a bus or a 
                vehicle used for the purpose of construction) the 
                driving of which requires a commercial 
                license.</DELETED>
        <DELETED>    (2) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).</DELETED>
        <DELETED>    (3) Native american.--The term ``Native American'' 
        means an individual who is a member of--</DELETED>
                <DELETED>    (A) an Indian tribe; or</DELETED>
                <DELETED>    (B) any people or culture that is 
                indigenous to the United States, as determined by the 
                Secretary.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of Labor.</DELETED>

<DELETED>SEC. 204. COMMERCIAL VEHICLE DRIVING TRAINING 
              PROGRAM.</DELETED>

<DELETED>    (a) Grants.--The Secretary may provide grants, on a 
competitive basis, to entities described in subsection (b) to support 
programs providing training and certificates leading to the licensing 
of Native Americans with respect to commercial vehicle 
driving.</DELETED>
<DELETED>    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--</DELETED>
        <DELETED>    (1) be a tribal college or university (as defined 
        in section 316(b)(3) of the Higher Education Act (20 U.S.C. 
        1059(b)(3)); and</DELETED>
        <DELETED>    (2) prepare and submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.</DELETED>
<DELETED>    (c) Priority.--In providing grants under subsection (a), 
the Secretary shall give priority to grant applications that--
</DELETED>
        <DELETED>    (1) propose training that exceeds proposed minimum 
        standards for training tractor-trailer drivers of the 
        Department of Transportation;</DELETED>
        <DELETED>    (2) propose training that exceeds the entry level 
        truck driver certification standards set by the Professional 
        Truck Driver Institute; and</DELETED>
        <DELETED>    (3) propose an education partnership with a 
        private trucking firm, trucking association, or similar entity 
        in order to ensure the effectiveness of the grant program under 
        this section.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
title.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Indian Tribal 
Surface Transportation Improvement Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Funding for Indian reservation roads program.
Sec. 4. Obligation ceiling.
Sec. 5. Tribal contracting demonstration project.
Sec. 6. Indian reservation bridge program and road program 
                            administration.
Sec. 7. Indian reservation road planning.
Sec. 8. Tribal-State road maintenance agreements.
Sec. 9. Alaska Native village transportation program.
Sec. 10. Indian reservation road safety program.
Sec. 11. Indian reservation rural transit program.
Sec. 12. Commercial vehicle driving training program.

SEC. 2. DEFINITIONS.

    Section 101(a) of title 23, United States Code, is amended--
            (1) by redesignating paragraphs (12), (13) through (35), 
        (36), and (37) as paragraphs (14), (16) through (38), (40), and 
        (41), respectively;
            (2) by inserting after paragraph (11) the following:
            ``(12) Indian land.--The term `Indian land' means--
                    ``(A) any land located within the boundaries of an 
                Indian reservation, pueblo, or rancheria;
                    ``(B) any land not located within the boundaries of 
                an Indian reservation, pueblo, or rancheria, the title 
                to which is held--
                            ``(i) in trust by the United States for the 
                        benefit of an Indian tribe;
                            ``(ii) by an Indian tribe, subject to 
                        restriction by the United States against 
                        alienation; or
                            ``(iii) by a dependent Indian community; 
                        and
                    ``(C) land conveyed as part of an original 
                conveyance to a Native Corporation in accordance with 
                the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
                et seq.).
            ``(13) Indian reservation.--The term `Indian reservation' 
        includes--
                    ``(A) an Indian reservation in existence as of the 
                date of enactment of the Indian Tribal Surface 
                Transportation Improvement Act of 2003;
                    ``(B) a public domain Indian allotment;
                    ``(C) a former reservation in the State of 
                Oklahoma;
                    ``(D) a parcel of land conveyed as part of an 
                original conveyance to a Native Corporation in 
                accordance with the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1601 et seq.); and
                    ``(E) a dependent Indian community located within 
                the borders of the United States, regardless of whether 
                the community is located--
                            ``(i) on original or acquired territory of 
                        the community; or
                            ``(ii) within or outside the boundaries of 
                        any particular State.'';
            (3) by inserting after paragraph (14) (as redesignated by 
        paragraph (1)) the following:
            ``(15) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).''; 
        and
            (4) by inserting after paragraph (38) (as redesignated by 
        paragraph (1)) the following:
            ``(39) Tribal transportation facility.--The term `tribal 
        transportation facility' means any transportation-related 
        project, facility, or physical infrastructure for an Indian 
        tribe that is funded under this title.''.

SEC. 3. FUNDING FOR INDIAN RESERVATION ROADS PROGRAM.

    Section 1101(a)(8) of the Transportation Equity Act for the 21st 
Century (112 Stat. 112) is amended by striking subparagraph (A) and 
inserting the following:
                    ``(A) Indian reservation roads.--
                            ``(i) In general.--Subject to clause (ii), 
                        for Indian reservation roads under section 204 
                        of that title--
                                    ``(I) $330,000,000 for each of 
                                fiscal years 2004 through 2005;
                                    ``(II) $425,000,000 for each of 
                                fiscal years 2006 through 2007; and
                                    ``(III) $550,000,000 for each of 
                                fiscal years 2008 through 2009.
                            ``(ii) Maintenance.--Of the amounts made 
                        available for each fiscal year under clause 
                        (i), not less than $50,000,000 shall be used--
                                    ``(I) to maintain roads on Indian 
                                land; and
                                    ``(II) to maintain tribal 
                                transportation facilities serving 
                                Indian communities.''.

SEC. 4. OBLIGATION CEILING.

    Section 1102(c)(1) of the Transportation Equity Act for the 21st 
Century (23 U.S.C. 104 note; 112 Stat. 116) is amended--
            (1) by striking ``distribute obligation'' and inserting the 
        following: ``distribute--
                    ``(A) obligation'';
            (2) by inserting ``and'' after the semicolon at the end; 
        and
            (3) by adding at the end of the following:
                    ``(B) for each of fiscal years 2004 through 2009, 
                any amount of obligation authority made available for 
                Indian reservation road bridges under section 
                202(d)(4), and for Indian reservation roads under 
                section 204, of title 23, United States Code.''.

SEC. 5. TRIBAL CONTRACTING DEMONSTRATION PROJECT.

    Section 202(d)(3) of title 23, United States Code, is amended by 
adding at the end the following:
                    ``(C) Federal lands highway program demonstration 
                project.--
                            ``(i) In general.--The Secretary shall 
                        establish a demonstration project under which 
                        all funds made available under this chapter for 
                        Indian reservation roads and for highway 
                        bridges located on Indian reservation roads as 
                        provided for in subparagraph (A) shall be made 
                        available, on the request of an affected Indian 
                        tribal government, to the Indian tribal 
                        government for use in carrying out, in 
                        accordance with the Indian Self-Determination 
                        and Education Assistance Act (25 U.S.C. 450b et 
                        seq.), contracts and agreements for the 
                        planning, research, engineering, and 
                        construction described in that subparagraph.
                            ``(ii) Exclusion of agency participation.--
                        In accordance with subparagraph (B), all funds 
                        for Indian reservation roads and for highway 
                        bridges located on Indian reservation roads to 
                        which clause (i) applies shall be paid without 
                        regard to the organizational level at which the 
                        Federal lands highway program has previously 
                        carried out the programs, functions, services, 
                        or activities involved.
                            ``(iii) Selection of participating 
                        tribes.--
                                    ``(I) Participants.--
                                            ``(aa) In general.--In 
                                        addition to those Indian tribes 
                                        or tribal organizations already 
                                        contracting or compacting for 
                                        any Indian reservation road 
                                        function or program, for each 
                                        fiscal year, the Secretary may 
                                        select up to 15 Indian tribes 
                                        from the applicant pool 
                                        described in subclause (II) to 
                                        participate in the 
                                        demonstration project carried 
                                        out under clause (i).
                                            ``(bb) Consortia.--Two or 
                                        more Indian tribes that are 
                                        otherwise eligible to 
                                        participate in a program or 
                                        activity to which this title 
                                        applies may form a consortium 
                                        to be considered as a single 
                                        Indian tribe for the purpose of 
                                        becoming part of the applicant 
                                        pool under subclause (II).
                                            ``(cc) Funding.--An Indian 
                                        tribe participating in the 
                                        pilot program under this 
                                        subparagraph shall receive 
                                        funding in an amount equal to 
                                        the sum of the funding that the 
                                        Indian tribe would otherwise 
                                        receive in accordance with the 
                                        funding formula established 
                                        under the other provisions of 
                                        this subsection, and an 
                                        additional percentage of that 
                                        amount equal to the percentage 
                                        of funds withheld during the 
                                        applicable fiscal year for the 
                                        road program management costs 
                                        of the Bureau of Indian Affairs 
                                        under subsection (f)(1).
                                    ``(II) Applicant pool.--The 
                                applicant pool described in this 
                                subclause shall consist of each Indian 
                                tribe (or consortium) that--
                                            ``(aa) has successfully 
                                        completed the planning phase 
                                        described in subclause (IV);
                                            ``(bb) has requested 
                                        participation in the 
                                        demonstration project under 
                                        this subparagraph through the 
                                        adoption of a resolution or 
                                        other official action by the 
                                        tribal governing body; and
                                            ``(cc) has demonstrated 
                                        financial stability and 
                                        financial management capability 
                                        in accordance with subclause 
                                        (III) during the 3-fiscal-year 
                                        period immediately preceding 
                                        the fiscal year for which 
                                        participation under this 
                                        subparagraph is being 
                                        requested.
                                    ``(III) Criteria for determining 
                                financial stability and financial 
                                management capacity.--For the purpose 
                                of subclause (II), evidence that, 
                                during the 3-year period referred to in 
                                subclause (II)(cc), an Indian tribe had 
                                no uncorrected significant and material 
                                audit exceptions in the required annual 
                                audit of the Indian tribe's self-
                                determination contracts or self-
                                governance funding agreements with any 
                                Federal agency shall be conclusive 
                                evidence of the required stability and 
                                capability.
                                    ``(IV) Planning phase.--
                                            ``(aa) In general.--An 
                                        Indian tribe (or consortium) 
                                        requesting participation in the 
                                        demonstration project under 
                                        this subparagraph shall 
                                        complete a planning phase that 
                                        shall include legal and 
                                        budgetary research and internal 
                                        tribal government and 
                                        organization preparation.
                                            ``(bb) Eligibility.--A 
                                        tribe (or consortium) described 
                                        in item (aa) shall be eligible 
                                        to receive a grant under this 
                                        subclause to plan and negotiate 
                                        participation in a project 
                                        described in that item.
                                    ``(V) Report to congress.--Not 
                                later than September 30, 2006, the 
                                Secretary shall prepare and submit to 
                                Congress a report describing the 
                                implementation of the demonstration 
                                project and any recommendations for 
                                improving the project.''.

SEC. 6. INDIAN RESERVATION BRIDGE PROGRAM AND ROAD PROGRAM 
              ADMINISTRATION.

    (a) In General.--Section 202(d)(4)(B) of title 23, United States 
Code, is amended--
            (1) by striking ``(B) Reservation.--Of the amounts'' and 
        all that follows through ``to replace,'' and inserting the 
        following:
                    ``(B) Funding.--
                            ``(i) Reservation of funds.--
                        Notwithstanding any other provision of law, 
                        there is authorized to be appropriated from the 
                        Highway Trust Fund (other than the Mass Transit 
                        Account) $15,000,000 for each of fiscal years 
                        2004 through 2009 to carry out planning, 
                        design, engineering, preconstruction, 
                        construction, and inspection of projects to 
                        replace,''; and
            (2) by adding at the end the following:
                            ``(ii) Availability.--Funds made available 
                        to carry out this subparagraph--
                                    ``(I) shall be available for 
                                obligation in the same manner as if the 
                                funds were apportioned under chapter 1; 
                                and
                                    ``(II) shall not be available to 
                                the Bureau of Indian Affairs to pay 
                                administrative costs.''.
    (b) Administration.--Section 202 of title 23, United States Code, 
is amended by adding at the end the following:
    ``(f) Administration of Indian Reservation Roads.--
            ``(1) Contract authority.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, for any fiscal year, not more than 6 
                percent of the contract authority amounts made 
                available from the Highway Trust Fund to the Bureau of 
                Indian Affairs under this title shall be used to pay 
                the administrative expenses of the Bureau for the 
                Indian reservation roads program (including the 
                administrative expenses relating to individual projects 
                that are associated with the program).
                    ``(B) Availability.--Amounts made available to pay 
                administrative expenses under subparagraph (A) shall be 
                made available to an Indian tribal government, on the 
                request of the government, to be used for the 
                associated administrative functions assumed by the 
                Indian tribe under contracts and agreements entered 
                into under the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b et seq.).
            ``(2) Health and safety assurances.--Notwithstanding any 
        other provision of law, an Indian tribe or tribal organization 
        may commence road and bridge construction under the 
        Transportation Equity Act for the 21st Century (Public Law 105-
        178) or its successor Act of Congress that is funded through a 
        contract or agreement under the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b et seq.) if the Indian 
        tribe or tribal organization--
                    ``(A) provides assurances in the contract or 
                agreement that the construction will meet or exceed 
                applicable health and safety standards;
                    ``(B) obtains the advance review of the plans and 
                specifications from a licensed professional that has 
                certified that the plans and specifications meet or 
                exceed the applicable health and safety standards; and
                    ``(C) provides a copy of the certification under 
                subparagraph (B) to the Assistant Secretary for Indian 
                Affairs.''.

SEC. 7. INDIAN RESERVATION ROAD PLANNING.

    Section 204(j) of title 23, United States Code, is amended in the 
first sentence by striking ``2 percent'' and inserting ``5 percent''.

SEC. 8. TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.

    Section 204 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(l) Tribal-State Road Maintenance Agreements.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, regulation, policy, or guideline, an Indian tribe and a 
        State may enter into a road maintenance agreement under which 
        an Indian tribe assumes the responsibilities of the State for--
                    ``(A) Indian reservation roads; and
                    ``(B) roads providing access to Indian reservation 
                roads.
            ``(2) Tribal-state agreements.--Agreements entered into 
        under paragraph (1)--
                    ``(A) shall be negotiated between the State and the 
                Indian tribe; and
                    ``(B) shall not require the approval of the 
                Secretary.
            ``(3) Annual report.--Effective beginning with fiscal year 
        2004, the Secretary shall prepare and submit to Congress an 
        annual report that identifies--
                    ``(A) the Indian tribes and States that have 
                entered into agreements under paragraph (1);
                    ``(B) the number of miles of roads for which Indian 
                tribes have assumed maintenance responsibilities; and
                    ``(C) the amount of funding transferred to Indian 
                tribes for the fiscal year under agreements entered 
                into under paragraph (1).''.

SEC. 9. ALASKA NATIVE VILLAGE TRANSPORTATION PROGRAM.

    Section 204 of title 23, United States Code (as amended by section 
8), is amended by adding at the end the following:
    ``(m) Alaska Native Village Transportation Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Commission.--The term `Commission' means the 
                Alaska Native Transportation Commission established 
                under paragraph (4)(A).
                    ``(B) Native.--The term `Native' has the meaning 
                given the term in section 3 of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1602).
                    ``(C) Native authority.--The term `Native 
                authority' means a governing board of a Regional 
                Corporation, a regional Native nonprofit entity, a 
                tribal government, or an alternative regional entity 
                that is designated by the Secretary as a Native 
                regional transportation authority under paragraph 
                (3)(A).
                    ``(D) Native village.--The term `Native village' 
                has the meaning given the term in section 3 of the 
                Alaska Native Claims Settlement Act (43 U.S.C. 1602).
                    ``(E) Program.--The term `program' means the Alaska 
                Native village transportation program established under 
                paragraph (2).
                    ``(F) Region.--The term `region' means a region in 
                the State specified in section 11(b)(1) of the Alaska 
                Native Claims Settlement Act (43 U.S.C 1610(b)(1)).
                    ``(G) Regional corporation.--The term `Regional 
                Corporation' has the meaning given the term in section 
                2 of the Alaska Native Claims Settlement Act (43 U.S.C. 
                1602).
                    ``(H) State.--The term `State' means the State of 
                Alaska.
            ``(2) Establishment.--The Secretary shall establish an 
        Alaska Native village transportation program to pay the costs 
        of planning, design, construction, and maintenance of road and 
        other surface transportation facilities identified in 
        accordance with this section.
            ``(3) Alaska native regional transportation authorities.--
                    ``(A) Designation.--The Secretary shall designate a 
                Native authority for each region.
                    ``(B) Responsibilities.--A Native authority shall, 
                with respect to each Native village or region, as 
                appropriate, covered by the Native authority--
                            ``(i) prepare--
                                    ``(I) a regional transportation 
                                plan for the Native village; and
                                    ``(II) a comprehensive 
                                transportation plan for the region;
                            ``(ii) prioritize and select projects to be 
                        funded with amounts made available under this 
                        section for the region;
                            ``(iii) coordinate transportation planning 
                        with other regions, the State, and other 
                        governmental entities; and
                            ``(iv) ensure that transportation projects 
                        under this section are constructed and 
                        implemented.
            ``(4) Alaska native transportation commission.--
                    ``(A) Establishment.--As soon as practicable after 
                the date of enactment of this subsection, the Secretary 
                shall establish a commission, to be known as the 
                `Statewide Alaska Native Transportation Commission', 
                consisting of 1 representative selected from each 
                Native authority designated by the Secretary under 
                paragraph (3)(A).
                    ``(B) Duties.--The Commission shall--
                            ``(i) allocate funds made available under 
                        this section among regions in accordance with 
                        paragraph (5);
                            ``(ii) coordinate transportation planning 
                        among the regions, the State, and other 
                        governmental entities; and
                            ``(iii) facilitate transportation projects 
                        involving 2 or more regions.
            ``(5) Allocation of funding.--
                    ``(A) Fiscal year 2004.--Funds made available for 
                the program for fiscal year 2004 shall be allocated to 
                each region by the Secretary as follows:
                            ``(i) 50 percent of the funds shall be 
                        allocated based on the proportion that--
                                    ``(I) the Native population of 
                                Native villages in the region; bears to
                                    ``(II) the Native population of all 
                                Native villages in the State.
                            ``(ii) 50 percent of the funds shall be 
                        allocated as equally as practicable among all 
                        Native villages in the region.
                    ``(B) Fiscal year 2005 and subsequent fiscal 
                years.--Funds made available for the program for fiscal 
                year 2005 and each fiscal year thereafter shall be 
                allocated among regions by the Commission, in 
                accordance with a formula to be developed by the 
                Commission after taking into consideration--
                            ``(i) the health, safety, and economic 
                        needs of each region for transportation 
                        infrastructure, as identified through the 
                        regional planning process;
                            ``(ii) the relative costs of construction 
                        in each region; and
                            ``(iii) the extent to which transportation 
                        projects for each region are ready to proceed 
                        to design and construction.
            ``(6) Tribal contracting.--Funds allocated among regions 
        under this subsection may be contracted or compacted in 
        accordance with the Indian Self Determination and Education 
        Assistance Act (25 U.S.C. 450b et seq.).
            ``(7) Matching funds.--Notwithstanding any other provision 
        of law, funds made available under this subsection may be used 
        to pay a matching share required for receipt of any other 
        Federal funds that would further a purpose for which 
        allocations under this section are made.
            ``(8) Maintenance.--
                    ``(A) In general.--At the request of a Native 
                authority or Native village, the Secretary may increase 
                an amount of funds provided under this subsection for a 
                construction project by an additional amount equal to 
                100 percent of the total cost of construction of the 
                project, as determined by the Secretary.
                    ``(B) Use of retained funds.--An increase in funds 
                provided under subparagraph (A) for a construction 
                project shall be retained, and used only, for future 
                maintenance of the construction project.''.

SEC. 10. INDIAN RESERVATION ROAD SAFETY PROGRAM.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:

``SEC. 412. INDIAN RESERVATION ROAD SAFETY PROGRAM.

    ``(a) Program.--
            ``(1) In general.--The Secretary shall carry out a program 
        to provide to eligible Indian tribes (as determined by the 
        Secretary) competitive grants for use in establishing tribal 
        transportation safety programs on--
                    ``(A) Indian reservations; and
                    ``(B) other land under the jurisdiction of an 
                Indian tribe.
            ``(2) Use of funds.--Funds from a grant provided under 
        paragraph (1) may be used to carry out a project or activity--
                    ``(A) to prevent the operation of motor vehicles by 
                intoxicated individuals;
                    ``(B) to promote increased seat belt use rates;
                    ``(C) to eliminate hazardous locations and 
                conditions on, or hazardous sections or elements of--
                            ``(i) a public road;
                            ``(ii) a public surface transportation 
                        facility;
                            ``(iii) a publicly-owned bicycle or 
                        pedestrian pathway or trail; or
                            ``(iv) a traffic calming measure;
                    ``(D) to eliminate hazards relating to railway-
                highway crossings; or
                    ``(E) to increase transportation safety by any 
                other means, as determined by the Secretary.
    ``(b) Federal Share.--The Federal share of the cost of carrying out 
the program under this section shall be 100 percent.
    ``(c) Funding.--Notwithstanding any other provision of law, there 
are authorized to be appropriated from the Highway Trust Fund (other 
than the Mass Transit Account) to carry out this section--
            ``(1) $6,000,000 for each of fiscal years 2004 and 2005; 
        and
            ``(2) $9,000,000 for each of fiscal years 2006 through 
        2009.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 411 the following:

``412. Indian reservation road safety program.''.

SEC. 11. INDIAN RESERVATION RURAL TRANSIT PROGRAM.

    Section 5311 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(k) Indian Reservation Rural Transit Program.--
            ``(1) In general.--The Secretary shall establish and carry 
        out a program to provide competitive grants to Indian tribes to 
        establish rural transit programs on reservations or other land 
        under the jurisdiction of the Indian tribes.
            ``(2) Amount of grants.--The amount of a grant provided to 
        an Indian tribe under subparagraph (A) shall be based on the 
        need of the Indian tribe, as determined by the Secretary of 
        Transportation.
            ``(3) Authorization of funding.--For each of fiscal years 
        2004 through 2009, of the amount made available under section 
        5338, $15,000,000 shall be made available to carry out this 
        subsection.''.

SEC. 12. COMMERCIAL VEHICLE DRIVING TRAINING PROGRAM.

    (a) Definitions.--In this section:
            (1) Commercial vehicle driving.--The term ``commercial 
        vehicle driving'' means the driving of--
                    (A) a vehicle that is a tractor-trailer truck; or
                    (B) any other vehicle (such as a bus or a vehicle 
                used for the purpose of construction) the driving of 
                which requires a commercial license.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
    (b) Grants.--The Secretary shall provide grants, on a competitive 
basis, to entities described in subsection (c)(1) to support programs 
providing training and certificates leading to the licensing of Native 
Americans with respect to commercial vehicle driving.
    (c) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            (1) be a tribal college or university (as defined in 
        section 316(b)(3) of the Higher Education Act (20 U.S.C. 
        1059(b)(3)); and
            (2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
    (d) Priority.--In providing grants under subsection (a), the 
Secretary shall give priority to grant applications that--
            (1) propose training that exceeds proposed minimum 
        standards for training tractor-trailer drivers of the 
        Department of Transportation;
            (2) propose training that exceeds the entry level truck 
        driver certification standards set by the Professional Truck 
        Driver Institute; and
            (3) propose an education partnership with a private 
        trucking firm, trucking association, or similar entity in order 
        to ensure the effectiveness of the grant program under this 
        section.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for the period of 
fiscal years 2004 through 2009.

                                                       Calendar No. 284

108th CONGRESS

  1st Session

                                 S. 281

                          [Report No. 108-150]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 22, 2003

                       Reported with an amendment
```