S.Amdt. 1621

SA 1621. Ms. MURKOWSKI (for herself, Mr. Franken, and Mr. Begich) submitted an amendment intended to be proposed by her to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 210, strike line 5 and all that follows through page 218, line 20, and insert the following:

“(2) Regulations.--Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary and the Secretary of the Interior shall promulgate or amend regulations governing the tribal transportation program only through the use of negotiated rulemaking procedures with tribal government representatives.

“(3) Basis for funding formula.--

“(A) In general.--After making the set asides authorized under subsections (a)(6), (c), (d), and (e), on October 1 of each fiscal year, the Secretary shall distribute the remainder authorized to be appropriated for the tribal transportation program under this section among Indian tribes only pursuant to the Tribal Transportation Allocation Methodology described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act).

“(B) Tribal high priority projects.--The treatment of the High Priority Projects program as included in the Tribal Transportation Allocation Methodology described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act), shall remain in effect as in effect under that part on the date of enactment of this Act.