To amend the Transportation Equity Act for the 21st Century to provide from the Highway Trust Fund additional funding for Indian reservation roads, and for other purposes.

April 4, 2005

Mr. DOMENICI introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

To amend the Transportation Equity Act for the 21st Century to provide from the Highway Trust Fund additional funding for Indian reservation roads, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `American Indian Reservation Transportation Improvement Program Act'.

SEC. 2. INDIAN RESERVATION ROADS.

(a) Authorization of Appropriations- Section 1101(a)(8)(A) of the Transportation Equity Act for the 21st Century (112 Stat. 112) is amended by striking `of such title' and all that follows and inserting `of that title--

`(i) $225,000,000 for fiscal year 1998;

`(ii) $275,000,000 for each of fiscal years 1999 through 2003;

`(iii) $330,000,000 for fiscal year 2004;

`(iv) $360,000,000 for fiscal year 2005;

`(v) $390,000,000 for fiscal year 2006;

`(vi) $420,000,000 for fiscal year 2007;

`(vii) $450,000,000 for fiscal year 2008; and

`(viii) $480,000,000 for fiscal year 2009.'.

(b) Additional Authorization of Contract Authority for States With Indian Reservations- Section 1214(d)(5)(A) of the Transportation Equity Act for the 21st Century (23 U.S.C. 202 note; 112 Stat. 206) is amended by inserting before the period at the end the following: `, $3,000,000 for each of fiscal years 2004 and 2005, $4,000,000 for each of fiscal years 2006 and 2007, and $5,000,000 for each of fiscal years 2008 and 2009'.

(c) Indian Reservation Road Bridges- Section 202(d)(4)(B) of title 23, United States Code, is amended--

(1) by striking `(B) RESERVATION- Of the amounts' and all that follows through `to replace,' and inserting the following:

`(B) FUNDING-

`(i) RESERVATION OF FUNDS- Notwithstanding any other provision of law, there is authorized to be appropriated from the Highway Trust Fund $15,000,000 for each of fiscal years 2004 through 2009 to carry out planning, design, engineering, preconstruction, construction, and inspection of projects to replace,'; and

(2) by adding at the end the following:

`(ii) AVAILABILITY- Funds made available to carry out this subparagraph--

`(I) shall be available for obligation in the same manner as if the funds were apportioned under chapter 1; and

`(II) shall not be used to pay any administrative costs.'.

SEC. 3. INDIAN RESERVATION RURAL TRANSIT PROGRAM.

Section 5311 of title 49, United States Code, is amended by adding at the end the following:

`(k) Indian Reservation Rural Transit Program-

`(1) DEFINITIONS- In this subsection:

`(A) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

`(B) RESERVATION- The term `reservation' means--

`(i) an Indian reservation in existence as of the date of enactment of this subsection;

`(ii) a public domain Indian allotment; and

`(iii) an Indian reservation in the State of Oklahoma that existed at any time before, but is no longer in existence as of, the date of enactment of this subsection.

`(C) SECRETARY- The term `Secretary' means the Secretary of Transportation, acting through the Administrator of the Federal Highway Administration.

`(2) PROGRAM- The Secretary shall establish and carry out a program to provide competitive grants to Indian tribes to establish rural transit programs on reservations or other land under the jurisdiction of the Indian tribes.

`(3) COOPERATION- The Secretary shall--

`(A) establish and maintain intra-agency cooperation between the Federal Highway Administration and the Federal Transit Administration in--

`(i) administering tribal transit programs funded by the Federal Highway Administration; and

`(ii) exploring options for the transfer of funds from the Federal Highway Administration to the Federal Transit Administration for the direct funding of tribal transit programs; and

`(B) establish and maintain working relationships with representatives of regional tribal technical assistance programs to ensure proper administration of ongoing and future tribal transit programs carried out using Federal funds.

`(4) FUNDING- Notwithstanding any other provision of law, for each fiscal year, of the amount made available to carry out this section under section 5338 for the fiscal year, the Secretary shall use $20,000,000 to carry out this subsection.'.

END