II 114th CONGRESS 1st Session S. 1776 IN THE SENATE OF THE UNITED STATES July 15, 2015 Mr. Barrasso (for himself and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To enhance tribal road safety, and for other purposes.

1. Short title This Act may be cited as the Tribal Infrastructure and Roads Enhancement and Safety Act or TIRES Act . 2. Definitions In this Act: (1) Indian reservation The term Indian reservation has the meaning given the term reservation in section 3 of the Indian Financing Act of 1974 ( 25 U.S.C. 1452 ). (2) Secretary The term Secretary means the Secretary of the Interior. 3. Application of categorical exclusions to certain tribal transportation facilities (a) In general (1) Categorical exclusions Effective on the date of enactment of this Act, a highway project, including projects administered by the Bureau of Indian Affairs, located on a road on an Indian reservation and eligible for assistance under section 202 of title 23, United States Code, is deemed to be an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), if the project— (A) qualifies for categorical exclusion under— (i) MAP–21 ( Public Law 112–141 ; 126 Stat. 405) or an amendment made by that Act; or (ii) section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or (B) would meet those requirements if the project sponsor were a State agency. (2) MAP–21 categorical exclusions to certain tribal transportation facilities Section 1317 of MAP–21 ( 23 U.S.C. 109 note; 126 Stat. 550) is amended— (A) in paragraph (1)(B), by striking ; and and inserting a period; (B) beginning in the matter preceding paragraph (1), by striking Not later than and all that follows through (1) designate and inserting the following: (a) In general (1) Designation of categorical exclusions Subject to paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary shall designate ; (C) in paragraph (2)— (i) by striking paragraph (1) and inserting subsection (a) ; and (ii) by striking (2) not later than and inserting the following: (b) Regulations The Secretary shall, not later than ; and (D) in subsection (a) (as designated by subparagraph (B)), by adding at the end the following: (2) Application of categorical exclusions to certain tribal transportation facilities With respect to a project described in paragraph (1) that is located on a road on an Indian reservation, for the first full fiscal year after the date of enactment of the TIRES Act , and each fiscal year thereafter, the amount referred to in paragraph (1)(A) shall be adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. . (b) Administration The Secretary may issue guidance or rules for the administration of this section. (c) Effective date (1) In general The categorical exclusions described in subsection (a), and the amendments made by subsection (a), take effect on the date of enactment of this Act. (2) Failure of Secretary to act The failure of the Secretary to promulgate any final regulations or guidance shall not affect the qualification for the categorical exclusions described in subsection (a). 4. Streamlining for tribal public safety projects within existing operational rights-of-way Section 1316 of MAP–21 ( 23 U.S.C. 109 note; 126 Stat. 549) is amended— (1) in subsection (b)— (A) by striking (b) Definition of an operational right-of-way .—In this section, the and inserting the following: (b) Definitions In this section: (1) Operational right-of-way (A) In general The ; and (B) by adding at the end the following: (B) Inclusion For purposes of subparagraph (A), if a real property interest on an Indian reservation has not been formally designated an operational right-of-way, an Indian tribe may determine the scope and boundaries of that real property interest as an operational right-of-way, subject to the approval of the Bureau of Indian Affairs and the Secretary. (2) Tribal public safety project (A) In general The term tribal public safety project means a project subject to this section that— (i) corrects or improves a hazardous road location or feature; or (ii) addresses a highway safety problem. (B) Inclusions The term tribal public safety project includes a project for 1 or more of the following: (i) An intersection safety improvement. (ii) Pavement and shoulder widening, including addition of a passing lane to remedy an unsafe condition. (iii) Installation of a rumble strip or other warning device, if the rumble strip or other warning device does not adversely affect the safety or mobility of bicyclists, pedestrians, or the disabled. (iv) Installation of a skid-resistant surface at an intersection or other location with a high frequency of accidents. (v) An improvement for pedestrian or bicyclist safety or safety of the disabled. (vi) Construction of any project for the elimination of hazards at a railway-highway crossing that is eligible for funding under section 130 of title 23, United States Code, including the separation or protection of grades at railway-highway crossings. (vii) Construction of a railway-highway crossing safety feature, including installation of protective devices. (viii) The conduct of a model traffic enforcement activity at a railway-highway crossing. (ix) Construction of a traffic calming feature. (x) Elimination of a roadside obstacle. (xi) Improvement of highway signage and pavement markings. (xii) Installation of a priority control system for emergency vehicles at signalized intersections. (xiii) Installation of a traffic control or other warning device at a location with high accident potential. (xiv) Safety-conscious planning. (xv) Improvements in the collection and analysis of crash data. (xvi) Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities, including police assistance, relating to workzone safety. (xvii) Installation of guardrails, barriers, including barriers between construction work zones and traffic lanes for the safety of motorists and workers, and crash attenuators. (xviii) The addition or retrofitting of structures or other measures to eliminate or reduce accidents involving vehicles and wildlife. (xix) Installation and maintenance of signs, including fluorescent, yellow-green signs, at pedestrian-bicycle crossings and in school zones. (xx) Construction and yellow-green signs at pedestrian-bicycle crossings and in school zones. (xxi) Construction and operational improvements on high risk rural roads. (xxii) Any other project that the Secretary determines qualifies. ; (2) by redesignating subsections (a) and (b) as subsections (b) and (a), respectively; (3) in subsection (b) (as so redesignated), in the subsection heading, by striking In general and inserting Designation ; and (4) by adding at the end the following: (c) Projects within existing operational rights-of-Way (1) Applicability This subsection applies to a project within an existing operational right-of-way on an Indian reservation (as defined in section 3 of the Indian Financing Act of 1974 ( 25 U.S.C. 1452 )) that is— (A) for a maintenance or preservation activity, whether or not federally funded, within the existing operational right-of-way, including for roadside ditches; or (B) a project that— (i) is a tribal public safety project or a project that the tribal department of transportation or the equivalent (or in the case of an Indian tribe without a tribal department of transportation or an official representing the Indian tribe) certifies to the Secretary as providing a safety benefit to the public; and (ii) is an action that— (I) is categorically excluded under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or (II) would be categorically excluded under section 771.117 of title 23, Code of Federal Regulations (or successor regulations), if the applicant were a State agency. (2) Final action Except as provided in paragraph (3), a Federal agency shall take final action on an application by an Indian tribe for a permit, approval, or jurisdictional determination for a project described in paragraph (1) not later than 45 days after the date of receipt of the application. (3) Extensions A Federal agency may extend the period to take final action on an application by an Indian tribe under paragraph (2) by an additional 30 days by providing to the Secretary and the Indian tribe notice of the extension, including a statement of the need for the extension. (4) Constructive approval If a Federal agency does not take final action on an application by an Indian tribe under paragraphs (2) and (3)— (A) the permit or approval for the project described in paragraph (1) shall be considered approved; and (B) the Indian tribe shall notify the Secretary of approval under this paragraph. (5) Report Not later than 4 years after the date of enactment of the TIRES Act , the Secretary shall submit to Congress a report that describes the operation of this subsection, including any recommendations. . 5. Bureau of Indian Affairs Reduction in administrative fee Section 202(a)(6) of title 23, United States Code, is amended by striking 6 percent and inserting 5 percent for each fiscal year . 6. Option of assuming NEPA approval authority (a) Definition of Secretary In this section, the term Secretary means the Secretary of the Interior or the Secretary of Transportation, as applicable. (b) Assumption of Federal responsibilities An Indian tribe participating in tribal self-governance or a contract or agreement under subsection (a)(2) or (b)(7) of section 202 of title 23, United States Code, and carrying out construction projects on the Indian reservation over which the Indian tribe has jurisdiction, may elect to assume all Federal responsibilities under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), division A of subtitle III of title 54, United States Code, and other applicable Federal law that would apply if the Secretary were to undertake a construction project if the Indian tribe— (1) designates an officer— (A) to represent the Indian tribe; and (B) to assume the status of a responsible Federal official under those laws; and (2) accepts the jurisdiction of the Federal court for the purpose of enforcement of the responsibilities of the responsible Federal official under those laws. 7. Tribal government transportation safety data report (a) Findings Congress finds that— (1) in many States, the Native American population is disproportionately represented in fatalities and crash statistics; (2) improved crash reporting by tribal law enforcement agencies would facilitate safety planning and would enable Indian tribes to apply more successfully for State and Federal funds for safety improvements; (3) the causes of underreporting of crashes on Indian reservations include— (A) tribal law enforcement capacity, including— (i) staffing shortages and turnover; and (ii) lack of equipment, software, and training; and (B) lack of standardization in crash reporting forms and protocols; and (4) without more accurate reporting of crashes on Indian reservations, it is difficult or impossible to fully understand the nature of the problem and develop appropriate countermeasures, which may include effective transportation safety planning and programs aimed at— (A) DUI prevention; (B) pedestrian safety; (C) roadway safety improvements; (D) seat belt usage; and (E) proper use of child restraints. (b) Report to Congress (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary, after consultation with the Secretary of Transportation, the Secretary of Health and Human Services, the Attorney General, and Indian tribes, shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the quality of transportation safety data collected by States and counties for transportation safety systems and the relevance of that data to improving the collection and sharing of data on crashes on Indian reservations. (2) Purposes The purposes of the report described in paragraph (1) are— (A) to improve the collection and sharing of data on crashes on Indian reservations; and (B) to develop data that Indian tribes can use to recover damages to tribal property caused by motorists. (3) Paperless data reporting In preparing the report under paragraph (1), the Secretary shall provide Indian tribes with options and best practices for transition to a paperless transportation safety data reporting system that— (A) improves the collection of crash reports; (B) stores, archives, queries, and shares crash records; and (C) uses data exclusively— (i) to address traffic safety issues on Indian reservations; and (ii) to identify and improve problem areas on public roads on Indian reservations. (4) Additional budgetary resources The Secretary shall include in the report under paragraph (1) the identification of Federal transportation funds provided to Indian tribes by agencies in addition to the Department of the Interior. 8. Bureau of Indian Affairs road safety study Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Assistant Secretary for Indian Affairs, in consultation with the Secretary of Transportation, the Attorney General, and States, shall— (1) complete a study that identifies and evaluates options for improving safety on public roads on Indian reservations; and (2) submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the study. 9. Tribal transportation funding (a) In general Section 1101(a)(3) of MAP–21 ( Public Law 112–141 , 126 Stat. 414) is amended— (1) by striking subparagraph (A) and inserting the following: (A) Tribal transportation program For the tribal transportation program under section 202 of title 23, United States Code (other than subsection (d) of that section), there is authorized to be appropriated— (i) $468,180,000 for fiscal year 2016; (ii) $477,540,000 for fiscal year 2017; (iii) $487,090,000 for fiscal year 2018; (iv) $496,830,000 for fiscal year 2019; (v) $506,770,000 for fiscal year 2020; and (vi) $516,905,400 for fiscal year 2021. ; and (2) by adding at the end the following: (D) Tribal transportation facility bridge program For the tribal transportation facility bridge program under section 202(d) of title 23, United States Code, there is authorized to be appropriated— (i) $16,000,000 for fiscal year 2016; (ii) $18,000,000 for fiscal year 2017; (iii) $20,000,000 for fiscal year 2018; (iv) $22,000,000 for fiscal year 2019; (v) $24,000,000 for fiscal year 2020; and (vi) $26,000,000 for fiscal year 2021. . (b) Tribal transportation facility bridge program Section 202(d) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: (2) Tribal transportation facility bridge program The Secretary shall use funds made available to carry out this subsection— (A) to carry out any planning, design, engineering, preconstruction, construction, and inspection of new or replacement tribal transportation facility bridges; (B) to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or (C) to implement any countermeasure for deficient tribal transportation facility bridges, including multiple-pipe culverts. .