S.Amdt. 2336

SA 2336. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title IV of division A, add the following:

SEC. __. TRIBAL TRANSPORTATION.

(a) Tribal Transportation Program.--
(1) In general.--Section 202 of title 23, United States
Code, is amended--
(A) in subsection (a)(9)(A), by striking ``construction and
improvement'' and inserting ``construction, improvement, and
highway safety'';
(B) in subsection (b)--
(i) in paragraph (1)--

(I) by striking subparagraph (D) and inserting the
following:

``(D) Additional facilities.--
``(i) In general.--Not later than 270 days after the date
of enactment of the Infrastructure Investment and Jobs Act,
and not less frequently than every 3 years thereafter, the
Secretary of the Interior shall publish in the Federal
Register a notice requesting proposals from Indian tribes to
include additional transportation facilities that are
eligible for funding under the tribal transportation program
in the inventory described in subparagraph (A), if those
proposed additional facilities are included in the inventory
in a uniform and consistent manner nationally.
``(ii) Rule of construction.--Nothing in this
subparagraph--

``(I) prohibits the Secretary of the Interior from
including in the inventory under subparagraph (A) additional
transportation facilities more frequently than required under
clause (i), including, as necessary, in response to a
proposal from an eligible Indian tribe submitted during a
period not described in the notice under clause (i); or
``(II) requires Indian tribes to submit proposals to the
Secretary of the Interior in response to the notice required
under clause (i).''; and
(II) by adding at the end the following:

``(F) Public availability.--The Secretary of the Interior
shall ensure that all non-confidential information within the
inventory described in subparagraph (A) is made available--
``(i) in a user-friendly manner on the public website of
the Department of the Interior; and
``(ii) in a manner capable of being searched and downloaded
by users of the public website of the Department of the
Interior.''; and
(ii) in paragraph (3)(B), in the matter preceding clause
(i), by striking ``fiscal year 2012'' and inserting ``the
most recent fiscal year for which data is available'';
(C) in subsection (c)--
(i) in paragraph (3)--

(I) in subparagraph (A), by striking ``; and'' at the end
and inserting a period;
(II) by striking subparagraph (B); and
(III) in the matter preceding subparagraph (A), by striking
``shall be--'' and all that follows through ``selected by''
in subparagraph (A), and inserting ``shall be selected by'';
and

(ii) by adding at the end the following:
``(4) Nationally significant federal lands and tribal
projects program.--Notwithstanding any other provision of
this section, amounts made available to Indian tribes under
subsection (b)(3) may be used for planning and design
activities related to applications for grants under the
nationally significant Federal lands and tribal projects
program under section 1123 of the FAST Act (23 U.S.C. 201
note; Public Law 114-94).''; and
(D) in subsection (e)(2), by striking ``as appropriate,''
and inserting ``subject to subsection (a)(9),''.
(2) Inspector general review.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Inspector General of the
Department and the Inspector General of the Department of the
Interior shall jointly begin an audit of the tribal
transportation program under section 202 of title 23, United
States Code (referred to in this subsection as the
``program'').
(B) Review.--The audit under subparagraph (A) shall
include--
(i) a review of the data collection and management
processes used by the Secretary of the Interior in
maintaining the national inventory of tribal transportation
facilities under section 202(b)(1) of title 23, United States
Code; and
(ii) a review of the administration of the program,
including whether--

(I) funding under the program is distributed in a timely
manner that is consistent with statutory and regulatory
requirements; and
(II) the current procedures and practices used by the
Secretary of the Interior to allocate funding for tribal
transportation facilities (as defined in section 101(a) of
title 23, United States Code) under the program are
transparent and consistently applied.

(C) Report.--Not later than 1 year after the date of
enactment of this Act, the Inspector General of the
Department and the Inspector General of the Department of the

[[Page S5741]]

Interior shall jointly submit a report describing the results
of the audit under subparagraph (A) to--
(i) the Committee on Environment and Public Works of the
Senate;
(ii) the Committee on Indian Affairs of the Senate;
(iii) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(iv) the Committee on Natural Resources of the House of
Representatives.
(3) Comptroller general review.--
(A) In general.--The Comptroller General of the United
States (referred to in this paragraph as the ``Comptroller
General'') shall initiate an audit of the program.
(B) Review.--The audit under subparagraph (A) shall include
an examination of--
(i) the funding formula of the program under section
202(b)(3) of title 23, United States Code, including key
decisions made over time that have affected the methods used
to determine tribal shares of program funds;
(ii) whether, for purposes of allocating funding under
section 202 of title 23, United States Code, the allocation
methodology under subpart D of part 1000 of title 24, Code of
Federal Regulations (as in effect on the date of enactment of
this Act), provides an accurate and reliable estimate of
tribal population;
(iii) potential alternatives to the methodology described
in clause (ii) for purposes of allocating funding under
section 202 of title 23, United States Code;
(iv) how the Secretary of the Interior ensures that--

(I) the program is consistently administered; and
(II) program decisions are transparently and consistently
made; and

(v) the potential effects of having the program
administered solely by the Secretary of the Interior or the
Secretary.
(C) Report.--Not later than 540 days after the date of
enactment of this Act, the Comptroller General shall submit a
report describing the results of the audit under subparagraph
(A) to--
(i) the Committee on Environment and Public Works of the
Senate;
(ii) the Committee on Indian Affairs of the Senate;
(iii) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(iv) the Committee on Natural Resources of the House of
Representatives.
(4) Obligation limitations.--Notwithstanding section
1102(a) of the FAST Act (23 U.S.C. 104 note; Public Law 114-
94) or any other provision of law providing a limitation on
obligations for Federal-aid highway and highway safety
construction programs for a fiscal year, amounts made
available to carry out the tribal transportation program
under section 202 of title 23, United States Code, for a
fiscal year shall not be subject to the obligation limitation
for that fiscal year.
(b) Transportation Facility Eligibility.--
(1) Definitions.--In this subsection:
(A) Inventory.--The term ``inventory'' means the national
inventory of tribal transportation facilities under section
202(b) of title 23, United States Code.
(B) Proposed road.--The term ``proposed road'' means a
proposed road or facility (as defined in section 170.5 of
title 25, Code of Federal Regulations (as in effect on the
date of enactment of this Act)) that is a road, including a
primary access route (as defined in that section).
(2) Deadline.--Not later than 180 days after the date of
enactment of this Act, and not less frequently than every 3
years thereafter, the Secretary and the Secretary of the
Interior shall require each Indian Tribe that intends to
include a proposed road in the inventory to complete and
submit for approval the documentation and other information
required under section 170.443(a) of title 25, Code of
Federal Regulations (as in effect on November 6, 2019), for
the proposed road.
(3) Report.--
(A) In general.--Not later than 180 days after each
deadline described in paragraph (2), the Secretary of the
Interior 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 proposed
roads approved to be included in the inventory.
(B) Requirements.--Each report under subparagraph (A) shall
include, for each Indian reservation, Alaska Native village,
or other recognized Indian community (including former Indian
reservations in the State of Oklahoma)--
(i) the mileage of proposed roads included in the inventory
before the deadline described in paragraph (2);
(ii) the mileage of proposed roads approved to be included
in the inventory on the basis of the documentation and other
information submitted under paragraph (2); and
(iii) an estimate, based on the documentation and other
information submitted under paragraph (2), of the
construction and maintenance costs of the proposed roads
described in clause (ii).
(c) Tribal Highway Safety Partnerships.--Section 402 of
title 23, United States Code, is amended--
(1) in subsection (b)(1)(C), by striking ``by'' and
inserting ``by, or on behalf of,''; and
(2) in subsection (h)(2)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(A) In general.--Notwithstanding''; and
(B) by adding at the end the following:
``(B) Cooperation.--In accordance with section
202(a)(9)(A), an Indian tribe may use amounts described in
subparagraph (A) in cooperation with States, counties, and
other local subdivisions for highway safety purposes.''.
(d) Nationally Significant Federal Lands and Tribal
Projects Program.--Section 1123 of the FAST Act (23 U.S.C.
201 note; Public Law 114-94) is amended--
(1) in subsection (c)(3), by inserting ``for a project that
is to be carried out by an eligible entity that is not an
Indian tribe,'' before ``having an''; and
(2) in subsection (g)(1)--
(A) by striking ``shall be up to'' and inserting the
following: ``shall be--
``(A) for a project carried out by an Indian tribe, up to
100 percent; and
``(B) for a project not described in subparagraph (A), up
to''.
(e) Tribal Transportation Advisory Committee.--
(1) Establishment.--Subject to the availability of
appropriations, not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
establish within the Bureau of Indian Affairs a committee, to
be known as the ``Tribal Transportation Advisory Committee''
(referred to in this subsection as the ``Committee''), which
shall replace the Tribal Transportation Program Coordinating
Committee established under sections 170.135 through 170.137
of title 25, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(2) Membership.--
(A) In general.--The Committee shall be composed of--
(i) the Secretary of the Interior (or a designee);
(ii) representatives of a diverse group of Indian Tribes,
including--

(I) not fewer than 1 tribal representative from each region
of the Bureau of Indian Affairs; and
(II) not more than 3 tribal representatives from any 1
region of the Bureau of Indian Affairs;

(iii) State and local representatives;
(iv) not fewer than 1 representative of the Bureau of
Indian Affairs;
(v) not fewer than 1 representative of the Department; and
(vi) other members, as determined to be appropriate by the
Secretary of the Interior in consultation with the Committee.
(B) Appointment.--The Secretary of the Interior shall
appoint each member of the Committee.
(C) Chairperson.--The Secretary of the Interior (or a
designee) shall serve as chairperson of the Committee.
(3) Terms.--Except for the Secretary of the Interior, each
member of the Committee shall serve for a term of 3 years.
(4) Vacancies.--Any vacancy occurring in the membership of
the Committee--
(A) shall be filled in the same manner as the original
appointment was made; and
(B) shall not affect the power of the remaining members to
carry out the duties of the Committee.
(5) Duties.--
(A) In general.--The Committee shall--
(i) regularly provide advice to the Secretary of the
Interior on and, subject to the discretion of the Committee,
study issues relating to tribal transportation, including--

(I) the tribal transportation program under section 202 of
title 23, United States Code, including--

(aa) the funding formula used to determine tribal shares
under the tribal transportation program; and
(bb) the national tribal transportation facility inventory
established under subsection (b)(1) of that section;

(II) the road maintenance program managed by the Bureau of
Indian Affairs;
(III) grants awarded to Indian tribes for public
transportation using amounts made available under section
5311(c)(1) of title 49, United States Code;
(IV) transportation safety within tribal reservations,
including--

(aa) traffic safety; and
(bb) safety partnerships with Federal, State, and local
authorities;

(V) the availability of transportation funding in the event
of a natural disaster; and
(VI) any other policies or procedures related to tribal
transportation, as determined by the Committee; and

(ii) carry out the duties of the Tribal Transportation
Program Coordinating Committee established under sections
170.135 through 170.137 of title 25, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(B) Best practices and recommendations.--The Committee may,
on a periodic basis, develop and present to the Secretary of
the Interior best practices and recommendations regarding the
issues described in subclauses (I) through (VI) of
subparagraph (A)(i).
(C) Subcommittees.--The Committee may establish any
subcommittees necessary to carry out the duties of the
Committee.
(6) Report to congress.--Not later than 180 days after
receiving any recommendations from the Committee under
paragraph (5)(B), the Secretary of the Interior shall submit
to the relevant committees of Congress a report describing
those recommendations.
(7) Federal advisory committee act.--Except as otherwise
provided in this section, the Federal Advisory Committee Act
(5

[[Page S5742]]

U.S.C. App.) shall apply to the Committee and each
subcommittee of the Committee.
(8) Detail of federal employees.--
(A) In general.--On request of the Committee, the Secretary
of the Interior may detail, with or without reimbursement,
any of the personnel of the Department of the Interior or, in
consultation with the Secretary, the Department, to the
Committee to assist the Committee in carrying out the duties
of the Committee.
(B) Civil service status.--Any detail of a Federal employee
under subparagraph (A) shall not interrupt or otherwise
affect the civil service status or privileges of the Federal
employee being detailed.
(9) Payment and expenses.--
(A) Compensation.--Members of the Committee shall serve
without pay.
(B) Travel expenses.--Each member of the Committee shall
receive, for a meeting called by the Secretary of the
Interior, travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
(10) Termination.--The Committee, including subcommittees
of the Committee, shall terminate on the date that is 10
years after the date of enactment of this Act.
______