II 

109TH CONGRESS 

1ST SESSION S. 690 

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

from the Highway Trust Fund additional funding for Indian reservation 

roads, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 4, 2005 

Mr. DOMENICI 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 provide from the Highway Trust Fund additional 

funding for Indian reservation roads, 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 ‘‘American Indian Res5 ervation Transportation Improvement Program Act’’. 

6 SEC. 2. INDIAN RESERVATION ROADS. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 1101(a)(8)(A) of the Transportation Equity Act for the 
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1 21st Century (112 Stat. 112) is amended by striking ‘‘of 

2 such title’’ and all that follows and inserting ‘‘of that 

3 title— 

4 ‘‘(i) $225,000,000 for fiscal year 

5 1998; 

6 ‘‘(ii) $275,000,000 for each of fiscal 

7 years 1999 through 2003; 

8 ‘‘(iii) $330,000,000 for fiscal year 

9 2004; 

10 ‘‘(iv) $360,000,000 for fiscal year 

11 2005; 

12 ‘‘(v) $390,000,000 for fiscal year 

13 2006; 

14 ‘‘(vi) $420,000,000 for fiscal year 

15 2007; 

16 ‘‘(vii) $450,000,000 for fiscal year 

17 2008; and 

18 ‘‘(viii) $480,000,000 for fiscal year 

19 2009.’’. 

20 (b) ADDITIONAL AUTHORIZATION OF CONTRACT AU21 THORITY FOR STATES WITH INDIAN RESERVATIONS.— 

22 Section 1214(d)(5)(A) of the Transportation Equity Act 

23 for the 21st Century (23 U.S.C. 202 note; 112 Stat. 206) 

24 is amended by inserting before the period at the end the 

25 following: ‘‘, $3,000,000 for each of fiscal years 2004 and 
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1 2005, $4,000,000 for each of fiscal years 2006 and 2007, 

2 and $5,000,000 for each of fiscal years 2008 and 2009’’. 

3 (c) INDIAN RESERVATION ROAD BRIDGES.—Section 

4 202(d)(4)(B) of title 23, United States Code, is amend5 ed— 

6 (1) by striking ‘‘(B) RESERVATION.—Of the 

7 amounts’’ and all that follows through ‘‘to replace,’’ 

8 and inserting the following: 

9 ‘‘(B) FUNDING.— 

10 ‘‘(i) RESERVATION OF FUNDS.—Not11 withstanding any other provision of law, 

12 there is authorized to be appropriated from 

13 the Highway Trust Fund $15,000,000 for 

14 each of fiscal years 2004 through 2009 to 

15 carry out planning, design, engineering, 

16 preconstruction, construction, and inspec17 tion of projects to replace,’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(ii) AVAILABILITY.—Funds made 

20 available to carry out this subparagraph— 

21 ‘‘(I) shall be available for obliga22 tion in the same manner as if the 

23 funds were apportioned under chapter 

24 1; and 
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1 ‘‘(II) shall not be used to pay 

2 any administrative costs.’’. 

3 SEC. 3. INDIAN RESERVATION RURAL TRANSIT PROGRAM. 

4 Section 5311 of title 49, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(k) INDIAN RESERVATION RURAL TRANSIT PRO7 GRAM.— 

8 ‘‘(1) DEFINITIONS.—In this subsection: 

9 ‘‘(A) INDIAN TRIBE.—The term ‘Indian 

10 tribe’ has the meaning given the term in section 

11 4 of the Indian Self-Determination and Edu12 cation Assistance Act (25 U.S.C. 450b). 

13 ‘‘(B) RESERVATION.—The term ‘reserva14 tion’ means— 

15 ‘‘(i) an Indian reservation in existence 

16 as of the date of enactment of this sub17 section; 

18 ‘‘(ii) a public domain Indian allot19 ment; and 

20 ‘‘(iii) an Indian reservation in the 

21 State of Oklahoma that existed at any time 

22 before, but is no longer in existence as of, 

23 the date of enactment of this subsection. 

24 ‘‘(C) SECRETARY.—The term ‘Secretary’ 

25 means the Secretary of Transportation, acting 
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1 through the Administrator of the Federal High2 way Administration. 

3 ‘‘(2) PROGRAM.—The Secretary shall establish 

4 and carry out a program to provide competitive 

5 grants to Indian tribes to establish rural transit pro6 grams on reservations or other land under the juris7 diction of the Indian tribes. 

8 ‘‘(3) COOPERATION.—The Secretary shall— 

9 ‘‘(A) establish and maintain intra-agency 

10 cooperation between the Federal Highway Ad11 ministration and the Federal Transit Adminis12 tration in— 

13 ‘‘(i) administering tribal transit pro14 grams funded by the Federal Highway Ad15 ministration; and 

16 ‘‘(ii) exploring options for the transfer 

17 of funds from the Federal Highway Ad18 ministration to the Federal Transit Admin19 istration for the direct funding of tribal 

20 transit programs; and 

21 ‘‘(B) establish and maintain working rela22 tionships with representatives of regional tribal 

23 technical assistance programs to ensure proper 

24 administration of ongoing and future tribal 
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1 transit programs carried out using Federal 

2 funds. 

3 ‘‘(4) FUNDING.—Notwithstanding any other 

4 provision of law, for each fiscal year, of the amount 

5 made available to carry out this section under sec6 tion 5338 for the fiscal year, the Secretary shall use 

7 $20,000,000 to carry out this subsection.’’. 

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