H. R. 3—42
access route is the shortest practicable route connecting 
2 points of the proposed route. 
‘‘(iv) ADDITIONAL
FACILITIES.—Nothing in this 
subparagraph shall preclude the Secretary from 
including additional transportation facilities that are 
eligible for funding under the Indian reservation roads 
program in the inventory used for the national funding 
allocation if such additional facilities are included in 
the inventory in a uniform and consistent manner 
nationally. 
‘‘(v) REPORT TO CONGRESS.—Not later than 90 days 
after the date of completion of the inventory under 
this subparagraph, the Secretary shall prepare and 
submit a report to Congress that includes the data 
gathered and the results of the inventory.’’. 
(g) INDIAN RESERVATION ROAD BRIDGES.—Section 202(d)(4) of 
such title is amended—
(1) in subparagraph (B)—
(A) by striking ‘‘(B) RESERVATION.—Of the amounts’’ 
and all that follows through ‘‘to replace,’’ and inserting 
the following: 
‘‘(B) FUNDING.—
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other funds made available for Indian res-
ervation roads for each fiscal year, there is authorized 
to be appropriated from the Highway Trust Fund (other 
than the Mass Transit Account) $14,000,000 for each 
of fiscal years 2005 through 2009 to carry out planning, 
design, engineering, preconstruction, construction, and 
inspection of projects to replace,’’; and 
(B) by adding at the end the following: 
‘‘(ii) AVAILABILITY.—Funds made available to carry 
out this subparagraph shall be available for obligation 
in the same manner as if such funds were apportioned 
under chapter 1.’’; 
(2) in subparagraph (C) by striking clause (iii) and inserting 
the following: 
‘‘(iii) be structurally deficient or functionally obso-
lete; and’’; and 
(3) by striking subparagraph (D) and inserting the fol-
lowing: 
‘‘(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 for preliminary engineering for Indian res-
ervation road bridge projects. 
‘‘(ii) 
CONSTRUCTION
AND
CONSTRUCTION 
ENGINEERING.—The Secretary may make funds avail-
able under clause (i) for construction and construction 
engineering after approval of applicable plans, speci-
fications, and estimates in accordance with this title.’’. 
(4) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.—
Section 202(d) of such title is amended by adding at the end 
the following: 
‘‘(5) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.—
H. R. 3—43
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law or any interagency agreement, program guide-
line, manual, or policy directive, all funds made available 
to an Indian tribal government under this chapter for 
a highway, road, bridge, parkway, or transit facility pro-
gram or project that is located on an Indian reservation 
or provides access to the reservation or a community of 
the Indian tribe shall be made available, on the request 
of the Indian tribal government, to the Indian tribal govern-
ment 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 plan-
ning, research, design, engineering, construction, and 
maintenance relating to the program or project. 
‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—In accord-
ance with subparagraph (A), all funds for a program or 
project to which subparagraph (A) applies shall be paid 
to the Indian tribal government without regard to the 
organizational level at which the Department of the 
Interior has previously carried out, or the Department of 
Transportation has previously carried out under the Fed-
eral lands highway programs, the programs, functions, 
services, or activities involved. 
‘‘(C) CONSORTIA.—Two or more Indian tribes that are 
otherwise eligible to participate in a program or project 
to which this chapter applies may form a consortium to 
be considered as a single Indian tribe for the purpose 
of participating in the project under this section. 
‘‘(D) SECRETARY AS SIGNATORY.—Notwithstanding any 
other provision of law, the Secretary is authorized to enter 
into a funding agreement with an Indian tribal government 
to carry out a highway, road, bridge, parkway, or transit 
program or project under subparagraph (A) that is located 
on an Indian reservation or provides access to the reserva-
tion or a community of the Indian tribe. 
‘‘(E) FUNDING.—The amount an Indian tribal govern-
ment receives for a program or project under subparagraph 
(A) shall equal the sum of the funding that the Indian 
tribal government would otherwise receive for the program 
or project in accordance with the funding formula estab-
lished under this subsection and such additional amounts 
as the Secretary determines equal the amounts that would 
have been withheld for the costs of the Bureau of Indian 
Affairs for administration of the program or project. 
‘‘(F) ELIGIBILITY.—
‘‘(i) IN GENERAL.—Subject to clause (ii), funds may 
be made available under subparagraph (A) to an Indian 
tribal government for a program or project in a fiscal 
year only if the Indian tribal government requesting 
such funds demonstrates to the satisfaction of the Sec-
retary financial stability and financial management 
capability during the 3 fiscal years immediately pre-
ceding the fiscal year for which the request is being 
made. 
‘‘(ii) CRITERIA
FOR
DETERMINING
FINANCIAL
STA-
BILITY AND FINANCIAL MANAGEMENT CAPABILITY.—An 
Indian tribal government that had no uncorrected
H. R. 3—44
significant and material audit exceptions in the 
required annual audit of the Indian tribal government 
self-determination contracts or self-governance funding 
agreements with any Federal agency during the 3-
fiscal year period referred in clause (i) shall be conclu-
sive evidence of the financial stability and financial 
management capability for purposes of clause (i). 
‘‘(G) ASSUMPTION
OF
FUNCTIONS
AND
DUTIES.—An 
Indian tribal government receiving funding under subpara-
graph (A) for a program or project shall assume all func-
tions and duties that the Secretary of the Interior would 
have performed with respect to a program or project under 
this chapter, other than those functions and duties that 
inherently cannot be legally transferred under the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450b et seq.). 
‘‘(H) POWERS.—An Indian tribal government receiving 
funding under subparagraph (A) for a program or project 
shall have all powers that the Secretary of the Interior 
would have exercised in administering the funds trans-
ferred to the Indian tribal government for such program 
or project under this section if the funds had not been 
transferred, except to the extent that such powers are 
powers that inherently cannot be legally transferred under 
the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b et seq.). 
‘‘(I) DISPUTE RESOLUTION.—In the event of a disagree-
ment between the Secretary or the Secretary of the Interior 
and an Indian tribe over whether a particular function, 
duty, or power may be lawfully transferred under the 
Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450b et seq.), the Indian tribe shall have the 
right to pursue all alternative dispute resolutions and 
appeal procedures authorized by such Act, including regula-
tions issued to carry out such Act. 
‘‘(J) TERMINATION OF CONTRACT OR AGREEMENT.—On 
the date of the termination of a contract or agreement 
under this section by an Indian tribal government, the 
Secretary shall transfer all funds that would have been 
allocated to the Indian tribal government under the con-
tract or agreement to the Secretary of the Interior to pro-
vide continued transportation services in accordance with 
applicable law.’’. 
(h) PLANNING AND AGENCY COORDINATION.—Section 204 of such 
title is amended—
(1) in subsection (a)(1) by inserting ‘‘refuge roads,’’ after 
‘‘parkways,’’; and 
(2) by striking subsection (b) and inserting the following: 
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds made available for public lands 
highways, park roads and parkways, 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—
‘‘(A) transportation planning, research, and engineering 
and construction of, highways, roads, parkways, and transit
H. R. 3—45
facilities located on public lands, national parks, and Indian 
reservations; and 
‘‘(B) operation and maintenance of transit facilities 
located on public lands, national parks, and Indian reserva-
tions. 
‘‘(2) CONTRACT.—In connection with an activity described 
in paragraph (1), the Secretary and the Secretary of the appro-
priate Federal land management agency may enter into a con-
tract or other appropriate agreement with respect to such 
activity with—
‘‘(A) a State (including a political subdivision of a 
State); or 
‘‘(B) an Indian tribe. 
‘‘(3) INDIAN RESERVATION ROADS.—In the case of an Indian 
reservation road—
‘‘(A) Indian labor may be employed, in accordance with 
such rules and regulations as may be promulgated by the 
Secretary of the Interior, to carry out any construction 
or other activity described in paragraph (1); and 
‘‘(B) funds made available to carry out this section 
may be used to pay bridge preconstruction costs (including 
planning, design, and engineering). 
‘‘(4) FEDERAL EMPLOYMENT.—No maximum limitation on 
Federal employment shall be applicable to construction or 
improvement of Indian reservation roads. 
‘‘(5) AVAILABILITY OF FUNDS.—Funds made available under 
this section for each class of Federal lands highways shall 
be available for any transportation 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 highways. 
‘‘(6) RESERVATION OF FUNDS.—The Secretary of the Interior 
may reserve funds from administrative funds of the Bureau 
of Indian Affairs that are associated with the Indian reservation 
roads program to finance Indian technical centers under section 
504(b).’’. 
(i) MAINTENANCE
OF INDIAN RESERVATION ROADS.—Section 
204(c) of such title is amended by striking the second and third 
sentences and inserting the following: ‘‘Notwithstanding any other 
provision of this title, of the amount of funds allocated for Indian 
reservation roads from the Highway Trust Fund, not more than 
25 percent of the funds allocated to an Indian tribe may be expended 
for the purpose of maintenance, excluding road sealing which shall 
not be subject to any limitation. 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 reserva-
tion 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.’’. 
(j) REFUGE ROADS.—Section 204(k)(1) of such title is amended—
(1) in subparagraph (B)—
(A) by striking ‘‘(2), (5),’’ and inserting ‘‘(2), (3), (5),’’; 
and 
(B) by striking ‘‘and’’ after the semicolon;