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Calendar No. 796
106th CONGRESS
2d Session
S. 2283
[Report No. 106-406]
To amend the Transportation Equity Act for the 21st Century to make
certain amendments with respect to Indian tribes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2000
Mr. Campbell (for himself, Mr. Johnson, and Mr. Inouye) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs
September 11, 2000
Reported by Mr. Campbell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Transportation Equity Act for the 21st Century to make
certain amendments with respect to Indian tribes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Indian Tribal Surface
Transportation Act of 2000''.</DELETED>
<DELETED>SEC. 2. AMENDMENTS RELATING TO INDIAN TRIBES.</DELETED>
<DELETED> (a) Obligation Limitation.--Section 1102(b) of the
Transportation Equity Act for the 21st Century (23 U.S.C. 104 note) is
amended--</DELETED>
<DELETED> (1) in paragraph (7), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (8), by striking the period and
inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(9) under section 1101(a)(8)(A).''.</DELETED>
<DELETED> (b) Pilot Program.--Section 202(d)(3) of title 23, United
States Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(C) Federal lands highway program
demonstration project.--</DELETED>
<DELETED> ``(i) In general.--The Secretary
shall establish a demonstration project under
which all funds made available under this title
for Indian reservation roads and for highway
bridges located on Indian reservation roads as
provided for in subparagraph (A), shall be made
available, upon request of the Indian tribal
government involved, to the Indian tribal
government for contracts and agreements for the
planning, research, engineering, and
construction described in such subparagraph in
accordance with the Indian Self-Determination
and Education Assistance Act.</DELETED>
<DELETED> ``(ii) Exclusion of agency
participation.--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
organizational level at which the Federal lands
highway program has previously carried out the
programs, functions, services, or activities
involved.</DELETED>
<DELETED> ``(iii) Selection of participating
tribes.--</DELETED>
<DELETED> ``(I) Participants.--
</DELETED>
<DELETED> ``(aa) In
general.--The Secretary may
select not to exceed 12 Indian
tribes in each fiscal year from
the applicant pool described in
subclause (II) to participate
in the demonstration project
carried out under clause
(i).</DELETED>
<DELETED> ``(bb)
Consortia.--Two or more Indian
tribes that are otherwise
eligible to participate in a
program or activity to which
this title applies may form a
consortium to be considered as
a single tribe for purposes of
becoming part of the applicant
pool under subclause
(II).</DELETED>
<DELETED> ``(II) Applicant pool.--
The applicant pool described in this
subclause shall consist of each Indian
tribe (or consortium) that--</DELETED>
<DELETED> ``(aa) has
successfully completed the
planning phase described in
subclause (III);</DELETED>
<DELETED> ``(bb) has
requested participation in the
demonstration project under
this subparagraph through the
adoption of a resolution or
other official action by the
tribal governing body;
and</DELETED>
<DELETED> ``(cc) has, during
the 3-fiscal year period
immediately preceding the
fiscal year for which
participation under this
subparagraph is being
requested, demonstrated
financial stability and
financial management capability
through a showing of no
material audit exceptions by
the Indian tribe during such
period.</DELETED>
<DELETED> ``(III) Planning phase.--
An Indian tribe (or consortium)
requesting participation in the project
under this subparagraph shall complete
a planning phase that shall include
legal and budgetary research and
internal tribal government and
organization preparation. The tribe (or
consortium) shall be eligible to
receive a grant under this subclause to
plan and negotiate participation in
such project.''.</DELETED>
<DELETED> (c) Administration.--Section 202 of title 23, United
States Code, is amended by adding at the end thereof the
following:</DELETED>
<DELETED> ``(f) Indian Reservation Road, Administration.--</DELETED>
<DELETED> ``(1) In general.--Notwithstanding any other
provision of law, not to exceed 6 percent of the contract
authority amounts made available from the Highway Trust Fund to
the Bureau of Indian Affairs shall be used to pay the
administrative expenses of the Bureau for the Indian
reservation roads program and the administrative expenses
related to individual projects that are associated with such
program. Such administrative funds shall be made available to
an Indian tribal government, upon the request of the
government, to be used for the associated administrative
functions assumed by the Indian tribe under contracts and
agreements entered into pursuant to the Indian Self-
Determination and Education Assistance Act.</DELETED>
<DELETED> ``(2) Health and safety assurances.--
Notwithstanding any other provision of law, an Indian tribe or
tribal organization may commence construction that is funded
through a contract or agreement under the Indian Self-
Determination and Education Assistance Act only if the Indian
tribe or tribal organization has--</DELETED>
<DELETED> ``(A) provided assurances in the contract
or agreement that the construction will meet or exceed
proper health and safety standards;</DELETED>
<DELETED> ``(B) obtained the advance review of the
plans and specifications from a licensed professional
who has certified that the plans and specifications
meet or exceed the proper health and safety standards;
and</DELETED>
<DELETED> ``(C) provided a copy of the certification
under subparagraph (B) to the Bureau of Indian
Affairs.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Surface Transportation
Act of 2000''.
SEC. 2. AMENDMENTS RELATING TO INDIAN TRIBES.
(a) Obligation Limitation.--Section 1102(c)(1) of the
Transportation Equity Act for the 21st Century (23 U.S.C. 104 note) is
amended--
(1) by striking ``Code, and'' and inserting ``Code,''; and
(2) by inserting before the semicolon the following: ``,
and for each of fiscal years 2001 through 2003, amounts
authorized for Indian reservation roads under section 204 of
title 23, United States Code''.
(b) Pilot Program.--Section 202(d)(3) of title 23, United States
Code, is amended 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 title for
Indian reservation roads and for highway
bridges located on Indian reservation roads as
provided for in subparagraph (A), shall be made
available, upon request of the Indian tribal
government involved, to the Indian tribal
government for contracts and agreements for the
planning, research, engineering, and
construction described in such subparagraph in
accordance with the Indian Self-Determination
and Education Assistance Act.
``(ii) Exclusion of agency participation.--
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 organizational level at which the
Federal lands highway program has previously
carried out the programs, functions, services,
or activities involved.
``(iii) Selection of participating
tribes.--
``(I) Participants.--
``(aa) In general.--The
Secretary shall select 12
geographically diverse Indian
tribes in each fiscal year 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
otherwise eligible to
participate in a program or
activity to which this title
applies may form a consortium
to be considered as a single
tribe for purposes of becoming
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 equivalent
to the funding that such tribe
would otherwise receive
pursuant to the funding formula
established under section
1115(b) of the Transportation
Equity Act for the 21st
Century, plus an additional
percentage of such amount, such
additional percentage to be
equivalent to the percentage of
funds withheld during the
fiscal year involved for the
road program management costs
of the Bureau of Indian Affairs
under section 202(f)(1) of
title 23, United States Code.
``(II) Applicant pool.--The
applicant pool described in this
subclause shall consist of each Indian
tribe (or consortium) that--
``(aa) has successfully
completed the planning phase
described in subclause (III);
``(bb) has requested
participation in the
demonstration project under
this subparagraph through the
adoption of a resolution or
other official action by the
tribal governing body; and
``(cc) has, during the 3-
fiscal year period immediately
preceding the fiscal year for
which participation under this
subparagraph is being
requested, demonstrated
financial stability and
financial management capability
through a showing of no
material audit exceptions by
the Indian tribe during such
period.
``(III) Criteria for determining
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