I 
114TH CONGRESS 
1ST SESSION H. R. 1068 
To amend title 23, United States Code, to direct the Secretary of Transpor-
tation to carry out a tribal transportation self-governance program, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2015 
Mr. DEFAZIO (for himself and Mr. YOUNG of Alaska) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure 
A BILL 
To amend title 23, United States Code, to direct the Sec-
retary of Transportation to carry out a tribal transpor-
tation self-governance program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tribal Transportation 
Self-Governance Act of 2015’’. 
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SEC. 
2. 
TRIBAL 
TRANSPORTATION 
SELF-GOVERNANCE 
PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by inserting after section 206 the 
following: 
‘‘§ 207. Tribal transportation self-governance pro-
gram 
‘‘(a) ESTABLISHMENT.—Subject to the requirements 
of this section, the Secretary shall establish and carry out 
a program to be known as the tribal transportation self- 
governance program. The Secretary may delegate respon-
sibilities for administration of the program as the Sec-
retary determines appropriate. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—An Indian tribe shall be eli-
gible to participate in the program if the Indian 
tribe— 
‘‘(A) requests participation in the program 
by resolution or other official action by the gov-
erning body of the Indian tribe; and 
‘‘(B) demonstrates, for the preceding 3 fis-
cal years, financial stability and financial man-
agement capability. 
‘‘(2) CRITERIA FOR DETERMINING FINANCIAL 
STABILITY
AND
FINANCIAL
MANAGEMENT
CAPAC-
ITY.—For the purposes of paragraph (1)(B), evi-
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dence that, during the preceding 3 fiscal years, an 
Indian tribe had no uncorrected significant and ma-
terial audit exceptions in the required annual audit 
of the Indian tribe’s self-determination contracts or 
self-governance funding agreements with any Fed-
eral agency shall be conclusive evidence of the re-
quired stability and capability. 
‘‘(c) COMPACTS.— 
‘‘(1) COMPACT REQUIRED.—Upon the request 
of an eligible Indian tribe, and subject to the re-
quirements of this section, the Secretary shall nego-
tiate and enter into a written compact with the In-
dian tribe for the purpose of providing for the par-
ticipation of the Indian tribe in the program. 
‘‘(2) CONTENTS.—A compact entered into 
under paragraph (1) shall set forth the general 
terms of the government-to-government relationship 
between the Indian tribe and the United States 
under the program and other terms that will con-
tinue to apply in future fiscal years. 
‘‘(3) AMENDMENTS.—A compact entered into 
with an Indian tribe under paragraph (1) may be 
amended only by mutual agreement of the Indian 
tribe and the Secretary. 
‘‘(d) ANNUAL FUNDING AGREEMENTS.— 
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‘‘(1) FUNDING AGREEMENT REQUIRED.—After 
entering into a compact with an Indian tribe under 
subsection (c), the Secretary shall negotiate and 
enter into a written annual funding agreement with 
the Indian tribe. 
‘‘(2) CONTENTS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) DISCRETIONARY
AND
COMPETI-
TIVE GRANTS.—A funding agreement en-
tered into with an Indian tribe shall au-
thorize the Indian tribe, as determined by 
the Indian tribe, to plan, conduct, consoli-
date, administer, and receive full tribal 
share funding and funding to tribes from 
discretionary and competitive grants ad-
ministered by the Department for all pro-
grams, services, functions, and activities 
(or portions thereof) that are made avail-
able to Indian tribes to carry out tribal 
transportation programs and programs, 
services, functions, and activities (or por-
tions thereof) administered by the Sec-
retary that are otherwise available to In-
dian tribes. 
‘‘(ii) TRANSFERS OF STATE FUNDS.— 
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