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of funds under the Indian reservation roads
program.
‘‘(ii) 
USE
OF
FUNDS.—Notwith-
standing any other provision of this section,
funds available to Indian tribes for Indian
reservation roads shall be expended on
projects identified in a transportation im-
provement program approved by the Sec-
retary.’’;
(C) in paragraph (3)—
(i) in subparagraph (A), by striking
‘‘under this title’’ and inserting ‘‘under this
chapter and section 125(e)’’; and
(ii) 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 res-
ervation roads as provided for in subpara-
graph (A) shall be made available, on the
request of an affected Indian tribal govern-
ment, to the Indian tribal government for
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use in carrying out, in accordance with the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b et seq.), con-
tracts and agreements for the planning, re-
search, engineering, and construction de-
scribed in that subparagraph.
‘‘(ii) EXCLUSION OF AGENCY PARTICI-
PATION.—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 organi-
zational level at which the Federal lands
highway program has previously carried
out the programs, functions, services, or ac-
tivities involved.
‘‘(iii) SELECTION
OF
PARTICIPATING
TRIBES.—
‘‘(I) PARTICIPANTS.—
‘‘(aa) IN GENERAL.—In ad-
dition to Indian tribes or tribal
organizations that, as of the date
of enactment of this subpara-
graph, are contracting or com-
pacting for any Indian reserva-
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tion 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 other-
wise eligible to participate in a
program or activity to which this
title applies may form a consor-
tium to be considered as a single
Indian tribe for the purpose of be-
coming 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 accord-
ance with the funding formula es-
tablished under the other provi-
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sions of this subsection, and an
additional 
percentage 
of 
that
amount equal to the percentage of
funds withheld during the appli-
cable fiscal year for the road pro-
gram management costs of the
Bureau of Indian Affairs under
subsection (f)(1).
‘‘(II) APPLICANT POOL.—The ap-
plicant pool described in this subclause
shall consist of each Indian tribe (or
consortium) that—
‘‘(aa) has successfully com-
pleted the planning phase de-
scribed in subclause (IV);
‘‘(bb) has requested partici-
pation 
in 
the 
demonstration
project under this subparagraph
through the adoption of a resolu-
tion or other official action by the
tribal governing body; and
‘‘(cc) has demonstrated fi-
nancial stability and financial
management capability in accord-
ance with subclause (III) during
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the 3-fiscal-year period imme-
diately preceding the fiscal year
for which participation under this
subparagraph is being requested.
‘‘(III) 
CRITERIA
FOR
DETER-
MINING FINANCIAL STABILITY AND FI-
NANCIAL 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 con-
clusive evidence of the required sta-
bility and capability.
‘‘(IV) PLANNING PHASE.—
‘‘(aa) IN GENERAL.—An In-
dian tribe (or consortium) re-
questing participation in the dem-
onstration project under this sub-
paragraph shall complete a plan-
ning phase that shall include legal
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and budgetary research and inter-
nal tribal government and organi-
zation preparation.
‘‘(bb) ELIGIBILITY.—An In-
dian tribe (or consortium) de-
scribed in item (aa) shall be eligi-
ble to receive a grant under this
subclause to plan and negotiate
participation in a project de-
scribed in that item.
‘‘(V) REPORT TO CONGRESS.—Not
later than September 30, 2006, the Sec-
retary shall submit to Congress a re-
port describing the implementation of
the demonstration project and any rec-
ommendations 
for 
improving 
the
project.’’; and
(D) in paragraph (4)—
(i) in subparagraph (B)—
(I) by striking ‘‘(B) RESERVA-
TION.—Of the amounts’’ and all that
follows through ‘‘to replace,’’ and in-
serting the following:
‘‘(B) FUNDING.—
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‘‘(i) AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to any other funds
made available for Indian reservation roads
for each fiscal year, there is authorized to be
appropriated from the Highway Trust
Fund (other than the Mass Transit Ac-
count) $14,079,433 for each of fiscal years
2005 through 2009 to carry out planning,
design, engineering, preconstruction, con-
struction, and inspection of projects to re-
place,’’; and
(II) by adding at the end the fol-
lowing:
‘‘(ii) 
AVAILABILITY.—Funds 
made
available to carry out this subparagraph
shall be available for obligation in the same
manner as if the funds were apportioned
under chapter 1.’’; and
(ii) by striking subparagraph (D) and
inserting the following:
‘‘(D) APPROVAL REQUIREMENT.—
‘‘(i) IN
GENERAL.—Subject to clause
(ii), on request by an Indian tribe or the
Secretary of the Interior, the Secretary may
make funds available under this subsection
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for preliminary engineering for Indian res-
ervation road bridge projects.
‘‘(ii) CONSTRUCTION
AND
CONSTRUC-
TION
ENGINEERING.—The Secretary may
make funds available under clause (i) for
construction and construction engineering
after approval of applicable plans, speci-
fications, and estimates in accordance with
this title.’’; and
(5) by adding at the end the following:
‘‘(f) ADMINISTRATION
OF
INDIAN
RESERVATION
ROADS.—
‘‘(1) CONTRACT
AUTHORITY.—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 expenses incurred by the Bu-
reau in administering the Indian reservation roads
program (including the administrative expenses relat-
ing to individual projects associated with the Indian
reservation roads program).
‘‘(2) HEALTH AND SAFETY ASSURANCES.—Not-
withstanding any other provision of law, an Indian
tribe or tribal organization may approve plans, speci-
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fications, and estimates and commence road and
bridge construction under the Transportation Equity
Act for the 21st Century (Public Law 105-178) or the
Safe, Accountable, Flexible, and Efficient Transpor-
tation Equity Act of 2005 that is funded through a
contract or agreement under the Indian Self-Deter-
mination 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 ex-
ceed applicable health and safety standards;
‘‘(B) obtains the advance review of the
plans and specifications from a licensed profes-
sional that has certified that the plans and speci-
fications meet or exceed the applicable health
and safety standards; and
‘‘(C) provides a copy of the certification
under subparagraph (B) to the Assistant Sec-
retary for Indian Affairs.’’.
(d) PLANNING AND AGENCY COORDINATION.—Section
204 of title 23, United States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘refuge
roads, recreation roads,’’ after ‘‘parkways,’’;
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(2) by striking subsection (b) and inserting the
following:
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds available for public
lands highways, recreation roads, park roads and
parkways, forest highways, and Indian reservation
roads shall be used by the Secretary and the Secretary
of the appropriate Federal land management agency
to pay the cost of transportation planning, research,
engineering, operation and maintenance of transit fa-
cilities, and construction of the highways, roads,
parkways, forest highways, and transit facilities lo-
cated on public land, national parks, and Indian res-
ervations.
‘‘(2) CONTRACT.—In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the appropriate Federal land manage-
ment agency may enter into a construction contract
or other appropriate agreement with—
‘‘(A) a State (including a political subdivi-
sion of a State); or
‘‘(B) an Indian tribe.
‘‘(3) INDIAN RESERVATION ROADS.—In the case
of an Indian reservation road—
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‘‘(A) Indian labor may be used, in accord-
ance with such rules and regulations as may be
promulgated by the Secretary of the Interior, to
carry out any construction or other activity de-
scribed in paragraph (1); and
‘‘(B) funds made available to carry out this
section 
may 
be 
used 
to 
pay 
bridge
preconstruction costs (including planning, de-
sign, and engineering).
‘‘(4) FEDERAL EMPLOYMENT.—No maximum on
Federal employment shall be applicable to construc-
tion or improvement of Indian reservation roads.
‘‘(5) AVAILABILITY OF FUNDS.—Funds available
under this section for each class of Federal lands
highway shall be available for any kind of transpor-
tation project eligible for assistance under this title
that is within or adjacent to, or that provides access
to, the areas served by the particular class of Federal
lands highway.
‘‘(6) RESERVATION OF FUNDS.—The Secretary of
the Interior may reserve funds from administrative
funds of the Bureau of Indian Affairs that are associ-
ated with the Indian reservation road program to fi-
nance the Indian technical centers authorized under
section 504(b).’’; and
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(3) in subsection (k)(1)—
(A) in subparagraph (B)—
(i) by striking ‘‘(2), (5),’’ and inserting
‘‘(2), (3), (5),’’; and
(ii) by striking ‘‘and’’ after the semi-
colon;
(B) in subparagraph (C), by striking the
period at the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(D) maintenance of public roads in na-
tional fish hatcheries under the jurisdiction of
the United States Fish and Wildlife Service;
‘‘(E) the non-Federal share of the cost of
any project funded under this title or chapter 53
of title 49 that provides access to or within a
wildlife refuge; and
‘‘(F) maintenance and improvement of rec-
reational trails (except that expenditures on
trails under this subparagraph shall not exceed
5 percent of available funds for each fiscal
year).’’.
(e) MAINTENANCE OF INDIAN RESERVATION ROADS.—
Section 204(c) of title 23, United States Code, is amended
by striking the second and third sentences and inserting the
following: ‘‘Notwithstanding any other provision of this
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title, of the amount of funds allocated for Indian reservation
roads from the Highway Trust Fund, not more than 25 per-
cent may be expended for the purpose of maintenance, ex-
cluding road sealing, and shall not be subject to any limita-
tion. The Bureau of Indian Affairs shall continue to retain
primary responsibility, including annual funding request
responsibility, for road maintenance programs on Indian
reservations. The Secretary shall ensure that funding made
available under this subsection for maintenance of Indian
reservation roads for each fiscal year is supplementary to
and not in lieu of any obligation of funds by the Bureau
of Indian Affairs for road maintenance programs on Indian
reservations.’’.
(f) SAFETY.—
(1) ALLOCATIONS.—Section 202 of title 23,
United States Code (as amended by subsection (c)(5)),
is amended by adding at the end the following:
‘‘(g) SAFETY.—Subject to paragraph (2), on October
1 of each fiscal year, the Secretary shall allocate the sums
authorized to be appropriated for the fiscal year for safety
as follows:
‘‘(1) 12 percent to the Bureau of Reclamation.
‘‘(2) 18 percent to the Bureau of Indian Affairs.
‘‘(3) 17 percent to the Bureau of Land Manage-
ment.
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‘‘(4) 17 percent to the Forest Service.
‘‘(5) 7 percent to the United States Fish and
Wildlife Service.
‘‘(6) 17 percent to the National Park Service.
‘‘(7) 12 percent to the Corps of Engineers.’’.
(2) AVAILABILITY
OF
FUNDS.—Section 203 of
title 23, United States Code, is amended by inserting
‘‘safety projects or activities,’’ after ‘‘refuge roads,’’
each place it appears.
(3) USE OF FUNDING.—Section 204 of title 23,
United States Code, is amended by adding at the end
the following:
‘‘(l) SAFETY ACTIVITIES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this title, funds made available for safety
under this title shall be used by the Secretary and the
head of the appropriate Federal land management
agency only to pay the costs of carrying out—
‘‘(A) transportation safety improvement ac-
tivities;
‘‘(B) activities to eliminate high-accident
locations;
‘‘(C) projects to implement protective meas-
ures at, or eliminate, at-grade railway-highway
crossings;
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‘‘(D) collection of safety information;
‘‘(E) transportation planning projects or
activities;
‘‘(F) bridge inspection;
‘‘(G) development and operation of safety
management systems;
‘‘(H) highway safety education programs;
and
‘‘(I) other eligible safety projects and activi-
ties authorized under chapter 4.
‘‘(2) CONTRACTS.—In carrying out paragraph
(1), the Secretary and the Secretary of the appro-
priate Federal land management agency may enter
into contracts or agreements with—
‘‘(A) a State;
‘‘(B) a political subdivision of a State; or
‘‘(C) an Indian tribe.
‘‘(3) EXCEPTION.—The cost sharing requirements
under the Federal Water Project Recreation Act (16
U.S.C. 460l–12 et seq.) shall not apply to funds made
available to the Bureau of Reclamation under this
subsection.’’.
(g) RECREATION ROADS.—
(1) AUTHORIZATIONS.—Section 201 of title 23,
United States Code, is amended in the first sentence
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by inserting ‘‘recreation roads,’’ after ‘‘public lands
highways,’’.
(2) ALLOCATIONS.—Section 202 of title 23,
United States Code (as amended by subsection (f)(1)),
is amended by adding at the end the following:
‘‘(h) RECREATION ROADS.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), on October 1 of each fiscal year, the Sec-
retary, after completing the transfer under subsection
204(i), shall allocate the sums authorized to be appro-
priated for the fiscal year for recreation roads as fol-
lows:
‘‘(A) 8 percent to the Bureau of Reclama-
tion.
‘‘(B) 9 percent to the Corps of Engineers.
‘‘(C) 13 percent to the Bureau of Land
Management.
‘‘(D) 70 percent to the Forest Service.
‘‘(2) ALLOCATION
WITHIN
AGENCIES.—Recre-
ation road funds allocated to a Federal agency under
paragraph (1) shall be allocated for projects and ac-
tivities of the Federal agency according to the relative
needs of each area served by recreation roads under
the jurisdiction of the Federal agency, as indicated in
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the approved transportation improvement program
for each Federal agency.’’.
(3) AVAILABILITY
OF
FUNDS.—Section 203 of
title 23, United States Code, is amended—
(A) in the first sentence, by inserting
‘‘recreation roads,’’ after ‘‘Indian reservation
roads,’’; and
(B) in the fourth sentence, by inserting ‘‘,
recreation roads,’’ after ‘‘Indian roads’’.
(4) USE OF FUNDING.—Section 204 of title 23,
United States Code (as amended by subsection (e)(3)),
is amended by adding at the end the following:
‘‘(m) RECREATION ROADS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this title, funds made available for recre-
ation roads under this title shall be used by the Sec-
retary and the Secretary of the appropriate Federal
land management agency only to pay the cost of—
‘‘(A) maintenance or improvements of exist-
ing recreation roads;
‘‘(B) maintenance and improvements of eli-
gible projects described in paragraph (1), (2),
(3), (5), or (6) of subsection (h) that are located
in or adjacent to Federal land under the juris-
diction of—
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‘‘(i) the Department of Agriculture; or
‘‘(ii) the Department of the Interior;
‘‘(C) transportation planning and adminis-
trative activities associated with those mainte-
nance and improvements; and
‘‘(D) the non-Federal share of the cost of
any project funded under this title or chapter 53
of title 49 that provides access to or within Fed-
eral land described in subparagraph (B).
‘‘(2) CONTRACTS.—In carrying out paragraph
(1), the Secretary and the Secretary of the appro-
priate Federal land management agency may enter
into contracts or agreements with—
‘‘(A) a State;
‘‘(B) a political subdivision of a State; or
‘‘(C) an Indian tribe.
‘‘(3) NEW
ROADS.—No funds made available
under this section shall be used to pay the cost of the
design or construction of new recreation roads.
‘‘(4) COMPLIANCE WITH OTHER ENVIRONMENTAL
LAWS.—A maintenance or improvement project that
is funded under this subsection, and that is consistent
with or has been identified in a land use plan for an
area under the jurisdiction of a Federal agency, shall
not require any additional environmental reviews or
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assessments under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) if—
‘‘(A) the Federal agency that promulgated
the land use plan analyzed the specific proposal
for the maintenance or improvement project
under that Act; and
‘‘(B) as of the date on which the funds are
to be expended, there are—
‘‘(i) no significant changes to the pro-
posal bearing on environmental concerns;
and
‘‘(ii) no significant new information.
‘‘(5) EXCEPTION.—The cost sharing requirements
under the Federal Water Project Recreation Act (16
U.S.C. 460l–12 et seq.) shall not apply to funds made
available to the Bureau of Reclamation under this
subsection.’’.
(h) CONFORMING AMENDMENTS.—
(1) Sections 120(e) and 125(e) of title 23, United
States Code, are amended by striking ‘‘public lands
highways,’’ each place it appears and inserting ‘‘pub-
lic lands highways, recreation roads,’’.
(2) Sections 120(e), 125(e), 201, 202(a), and 203
of title 23, United States Code, are amended by strik-