[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 281 Reported in Senate (RS)]
Calendar No. 284
108th CONGRESS
1st Session
S. 281
[Report No. 108-150]
To amend the Transportation Equity Act for the 21st Century to make
certain amendments with respect to Indian tribes, to provide for
training and technical assistance to Native Americans who are
interested in commercial vehicle driving careers, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 4, 2003
Mr. Campbell (for himself, Mr. Inouye, and Mr. Domenici) introduced
the following bill; which was read twice and referred to the Committee
on Indian Affairs
September 22, 2003
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, to provide for
training and technical assistance to Native Americans who are
interested in commercial vehicle driving careers, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Indian
Tribal Surface Transportation Improvement Act of 2003''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION
<DELETED>Sec. 101. Short title.
<DELETED>Sec. 102. Amendments relating to Indian tribes.
<DELETED>TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE
AMERICANS
<DELETED>Sec. 201. Short title.
<DELETED>Sec. 202. Purposes.
<DELETED>Sec. 203. Definitions.
<DELETED>Sec. 204. Commercial vehicle driving training program.
<DELETED>TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION</DELETED>
<DELETED>SEC. 101. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Indian Tribal Surface
Transportation Act of 2003''.</DELETED>
<DELETED>SEC. 102. AMENDMENTS RELATING TO INDIAN TRIBES.</DELETED>
<DELETED> (a) Obligation Limitation.--Section 1102(c)(1) of the
Transportation Equity Act for the 21st Century (23 U.S.C. 104 note; 112
Stat. 116) is amended--</DELETED>
<DELETED> (1) by striking ``Code, and'' and inserting
``Code,''; and</DELETED>
<DELETED> (2) by inserting before the semicolon the
following: ``, and for each of fiscal years 2003 and 2004,
amounts authorized for Indian reservation roads under section
204 of title 23, United States Code''.</DELETED>
<DELETED> (b) Demonstration Project.--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, on the request of an affected Indian
tribal government, to the Indian tribal
government for use in carrying out, in
accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et
seq.), contracts and agreements for the
planning, research, engineering, and
construction described in that
subparagraph.</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.--For each fiscal year,
the Secretary shall select 12
geographically diverse Indian
tribes 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 the purpose
of becoming part of the
applicant pool under subclause
(II).</DELETED>
<DELETED> ``(cc) Funding.--
An Indian tribe participating
in the pilot program under this
subparagraph shall receive
funding in an amount equal to
the sum of the funding that the
Indian tribe would otherwise
receive in accordance with the
funding formula established
under the other provisions of
this subsection, and an
additional percentage of that
amount equal to the percentage
of funds withheld during the
applicable fiscal year for the
road program management costs
of the Bureau of Indian Affairs
under subsection
(f)(1).</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
demonstrated financial
stability and financial
management capability in
accordance with subclause (III)
during the 3-fiscal year period
immediately preceding the
fiscal year for which
participation under this
subparagraph is being
requested.</DELETED>
<DELETED> ``(III) Criteria for
determining financial stability and
financial management capacity.--For the
purpose of subclause (II), evidence
that, during the 3-year period referred
to in subclause (II)(cc), an Indian
tribe had no uncorrected significant
and material audit exceptions in the
required annual audit of the Indian
tribe's self-determination contracts or
self-governance funding agreements with
any Federal agency shall be conclusive
evidence of the required stability and
capability.</DELETED>
<DELETED> ``(IV) Planning phase.--
</DELETED>
<DELETED> ``(aa) In
general.--An Indian tribe (or
consortium) requesting
participation in the
demonstration project under
this subparagraph shall
complete a planning phase that
shall include legal and
budgetary research and internal
tribal government and
organization
preparation.</DELETED>
<DELETED> ``(bb)
Eligibility.--A tribe (or
consortium) described in item
(aa) shall be eligible to
receive a grant under this
subclause to plan and negotiate
participation in a project
described in that
item.''.</DELETED>
<DELETED> (c) Administration.--Section 202 of title 23, United
States Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(f) Administration of Indian Reservation Roads.--
</DELETED>
<DELETED> ``(1) Contract authority.--</DELETED>
<DELETED> ``(A) In general.--Notwithstanding any
other provision of law, for any fiscal year, not more
than 6 percent of the contract authority amounts made
available from the Highway Trust Fund to the Bureau of
Indian Affairs under this title shall be used to pay
the administrative expenses of the Bureau for the
Indian reservation roads program (including the
administrative expenses relating to individual projects
that are associated with the program).</DELETED>
<DELETED> ``(B) Availability.--Amounts made
available to pay administrative expenses under
subparagraph (A) shall be made available to an Indian
tribal government, on the request of the government, to
be used for the associated administrative functions
assumed by the Indian tribe under contracts and
agreements entered into under the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.).</DELETED>
<DELETED> ``(2) Health and safety assurances.--
Notwithstanding any other provision of law, an Indian tribe or
tribal organization may commence road and bridge construction
under the Transportation Equity Act for the 21st Century
(Public Law 105-178) that is funded through a contract or
agreement under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) 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 Director of the Bureau of
Indian Affairs.</DELETED>
<DELETED> ``(g) Safety Incentive Grants.--</DELETED>
<DELETED> ``(1) Seat belt safety incentive grant
eligibility.--Notwithstanding any other provision of law, an
Indian tribe that is eligible to participate in the Indian
reservation roads program under subsection (d) shall be deemed
to be a State for the purpose of being eligible for safety
incentive allocations under section 157 to assist Indian
communities in developing innovative programs to promote
increased seat belt use rates.</DELETED>
<DELETED> ``(2) Intoxicated driver safety incentive grant
eligibility.--Notwithstanding any other provision of law, an
Indian tribe that is eligible to participate in the Indian
reservation roads program under subsection (d) shall be deemed
to be a State for the purpose of being eligible for safety
incentive grants under section 163 to assist Indian communities
in the prevention of the operation of motor vehicles by
intoxicated persons.</DELETED>
<DELETED> ``(3) Funding procedures and eligibility
criteria.--</DELETED>
<DELETED> ``(A) In general.--The Secretary, in
consultation with Indian tribal governments, may
develop funding procedures and eligibility criteria
applicable to Indian tribes with respect to allocations
or grants described in paragraphs (1) and
(2).</DELETED>
<DELETED> ``(B) Publication.--The Secretary shall
ensure that procedures or criteria developed under
subparagraph (A) are published annually in the Federal
Register.''.</DELETED>
<DELETED>TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE
AMERICANS</DELETED>
<DELETED>SEC. 201. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Native American
Commercial Driving Training and Technical Assistance Act''.</DELETED>
<DELETED>SEC. 202. PURPOSES.</DELETED>
<DELETED> The purposes of this title are--</DELETED>
<DELETED> (1) to foster and promote job creation and
economic opportunities for Native Americans; and</DELETED>
<DELETED> (2) to provide education, technical, and training
assistance to Native Americans who are interested in commercial
vehicle driving careers.</DELETED>
<DELETED>SEC. 203. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Commercial vehicle driving.--The term
``commercial vehicle driving'' means the driving of--</DELETED>
<DELETED> (A) a vehicle that is a tractor-trailer
truck; or</DELETED>
<DELETED> (B) any other vehicle (such as a bus or a
vehicle used for the purpose of construction) the
driving of which requires a commercial
license.</DELETED>
<DELETED> (2) 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).</DELETED>
<DELETED> (3) Native american.--The term ``Native American''
means an individual who is a member of--</DELETED>
<DELETED> (A) an Indian tribe; or</DELETED>
<DELETED> (B) any people or culture that is
indigenous to the United States, as determined by the
Secretary.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of Labor.</DELETED>
<DELETED>SEC. 204. COMMERCIAL VEHICLE DRIVING TRAINING
PROGRAM.</DELETED>
<DELETED> (a) Grants.--The Secretary may provide grants, on a
competitive basis, to entities described in subsection (b) to support
programs providing training and certificates leading to the licensing
of Native Americans with respect to commercial vehicle
driving.</DELETED>
<DELETED> (b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--</DELETED>
<DELETED> (1) be a tribal college or university (as defined
in section 316(b)(3) of the Higher Education Act (20 U.S.C.
1059(b)(3)); and</DELETED>
<DELETED> (2) prepare and submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.</DELETED>
<DELETED> (c) Priority.--In providing grants under subsection (a),
the Secretary shall give priority to grant applications that--
</DELETED>
<DELETED> (1) propose training that exceeds proposed minimum
standards for training tractor-trailer drivers of the
Department of Transportation;</DELETED>
<DELETED> (2) propose training that exceeds the entry level
truck driver certification standards set by the Professional
Truck Driver Institute; and</DELETED>
<DELETED> (3) propose an education partnership with a
private trucking firm, trucking association, or similar entity
in order to ensure the effectiveness of the grant program under
this section.</DELETED>
<DELETED> (d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
title.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Indian Tribal
Surface Transportation Improvement Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Funding for Indian reservation roads program.
Sec. 4. Obligation ceiling.
Sec. 5. Tribal contracting demonstration project.
Sec. 6. Indian reservation bridge program and road program
administration.
Sec. 7. Indian reservation road planning.
Sec. 8. Tribal-State road maintenance agreements.
Sec. 9. Alaska Native village transportation program.
Sec. 10. Indian reservation road safety program.
Sec. 11. Indian reservation rural transit program.
Sec. 12. Commercial vehicle driving training program.
SEC. 2. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended--
(1) by redesignating paragraphs (12), (13) through (35),
(36), and (37) as paragraphs (14), (16) through (38), (40), and
(41), respectively;
(2) by inserting after paragraph (11) the following:
``(12) Indian land.--The term `Indian land' means--
``(A) any land located within the boundaries of an
Indian reservation, pueblo, or rancheria;
``(B) any land not located within the boundaries of
an Indian reservation, pueblo, or rancheria, the title
to which is held--
``(i) in trust by the United States for the
benefit of an Indian tribe;
``(ii) by an Indian tribe, subject to
restriction by the United States against
alienation; or
``(iii) by a dependent Indian community;
and
``(C) land conveyed as part of an original
conveyance to a Native Corporation in accordance with
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.).
``(13) Indian reservation.--The term `Indian reservation'
includes--
``(A) an Indian reservation in existence as of the
date of enactment of the Indian Tribal Surface
Transportation Improvement Act of 2003;
``(B) a public domain Indian allotment;
``(C) a former reservation in the State of
Oklahoma;
``(D) a parcel of land conveyed as part of an
original conveyance to a Native Corporation in
accordance with the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.); and
``(E) a dependent Indian community located within
the borders of the United States, regardless of whether
the community is located--
``(i) on original or acquired territory of
the community; or
``(ii) within or outside the boundaries of
any particular State.'';
(3) by inserting after paragraph (14) (as redesignated by
paragraph (1)) the following:
``(15) 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).'';
and
(4) by inserting after paragraph (38) (as redesignated by
paragraph (1)) the following:
``(39) Tribal transportation facility.--The term `tribal
transportation facility' means any transportation-related
project, facility, or physical infrastructure for an Indian
tribe that is funded under this title.''.
SEC. 3. FUNDING FOR INDIAN RESERVATION ROADS PROGRAM.
Section 1101(a)(8) of the Transportation Equity Act for the 21st
Century (112 Stat. 112) is amended by striking subparagraph (A) and
inserting the following:
``(A) Indian reservation roads.--
``(i) In general.--Subject to clause (ii),
for Indian reservation roads under section 204
of that title--
``(I) $330,000,000 for each of
fiscal years 2004 through 2005;
``(II) $425,000,000 for each of
fiscal years 2006 through 2007; and
``(III) $550,000,000 for each of
fiscal years 2008 through 2009.
``(ii) Maintenance.--Of the amounts made
available for each fiscal year under clause
(i), not less than $50,000,000 shall be used--
``(I) to maintain roads on Indian
land; and
``(II) to maintain tribal
transportation facilities serving
Indian communities.''.
SEC. 4. OBLIGATION CEILING.
Section 1102(c)(1) of the Transportation Equity Act for the 21st
Century (23 U.S.C. 104 note; 112 Stat. 116) is amended--
(1) by striking ``distribute obligation'' and inserting the
following: ``distribute--
``(A) obligation'';
(2) by inserting ``and'' after the semicolon at the end;
and
(3) by adding at the end of the following:
``(B) for each of fiscal years 2004 through 2009,
any amount of obligation authority made available for
Indian reservation road bridges under section
202(d)(4), and for Indian reservation roads under
section 204, of title 23, United States Code.''.
SEC. 5. TRIBAL CONTRACTING DEMONSTRATION PROJECT.
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 chapter for
Indian reservation roads and for highway
bridges located on Indian reservation roads as
provided for in subparagraph (A) shall be made
available, on the request of an affected Indian
tribal government, to the Indian tribal
government for use in carrying out, in
accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b et
seq.), contracts and agreements for the
planning, research, engineering, and
construction described in that subparagraph.
``(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.--In
addition to those Indian tribes
or tribal organizations already
contracting or compacting for
any Indian reservation road
function or program, for each
fiscal year, the Secretary may
select up to 15 Indian tribes
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
Indian tribe for the purpose 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 equal to
the sum of the funding that the
Indian tribe would otherwise
receive in accordance with the
funding formula established
under the other provisions of
this subsection, and an
additional percentage of that
amount equal to the percentage
of funds withheld during the
applicable fiscal year for the
road program management costs
of the Bureau of Indian Affairs
under subsection (f)(1).
``(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 (IV);
``(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 demonstrated
financial stability and
financial management capability
in accordance with subclause
(III) during the 3-fiscal-year
period immediately preceding
the fiscal year for which
participation under this
subparagraph is being
requested.
``(III) Criteria for determining
financial stability and financial
management capacity.--For the purpose
of subclause (II), evidence that,
during the 3-year period referred to in
subclause (II)(cc), an Indian tribe had
no uncorrected significant and material
audit exceptions in the required annual
audit of the Indian tribe's self-
determination contracts or self-
governance funding agreements with any
Federal agency shall be conclusive
evidence of the required stability and
capability.
``(IV) Planning phase.--
``(aa) In general.--An
Indian tribe (or consortium)
requesting participation in the
demonstration project under
this subparagraph shall
complete a planning phase that
shall include legal and
budgetary research and internal
tribal government and
organization preparation.
``(bb) Eligibility.--A
tribe (or consortium) described
in item (aa) shall be eligible
to receive a grant under this
subclause to plan and negotiate
participation in a project
described in that item.
``(V) Report to congress.--Not
later than September 30, 2006, the
Secretary shall prepare and submit to
Congress a report describing the
implementation of the demonstration
project and any recommendations for
improving the project.''.
SEC. 6. INDIAN RESERVATION BRIDGE PROGRAM AND ROAD PROGRAM
ADMINISTRATION.
(a) In General.--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 (other than the Mass Transit
Account) $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 available to
the Bureau of Indian Affairs to pay
administrative costs.''.
(b) Administration.--Section 202 of title 23, United States Code,
is amended by adding at the end the following:
``(f) Administration of Indian Reservation Roads.--
``(1) Contract authority.--
``(A) In general.--Notwithstanding any other
provision of law, for any fiscal year, not more than 6
percent of the contract authority amounts made
available from the Highway Trust Fund to the Bureau of
Indian Affairs under this title shall be used to pay
the administrative expenses of the Bureau for the
Indian reservation roads program (including the
administrative expenses relating to individual projects
that are associated with the program).
``(B) Availability.--Amounts made available to pay
administrative expenses under subparagraph (A) shall be
made available to an Indian tribal government, on the
request of the government, to be used for the
associated administrative functions assumed by the
Indian tribe under contracts and agreements entered
into under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b et seq.).
``(2) Health and safety assurances.--Notwithstanding any
other provision of law, an Indian tribe or tribal organization
may commence road and bridge construction under the
Transportation Equity Act for the 21st Century (Public Law 105-
178) or its successor Act of Congress that is funded through a
contract or agreement under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b et seq.) if the Indian
tribe or tribal organization--
``(A) provides assurances in the contract or
agreement that the construction will meet or exceed
applicable health and safety standards;
``(B) obtains the advance review of the plans and
specifications from a licensed professional that has
certified that the plans and specifications meet or
exceed the applicable health and safety standards; and
``(C) provides a copy of the certification under
subparagraph (B) to the Assistant Secretary for Indian
Affairs.''.
SEC. 7. INDIAN RESERVATION ROAD PLANNING.
Section 204(j) of title 23, United States Code, is amended in the
first sentence by striking ``2 percent'' and inserting ``5 percent''.
SEC. 8. TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.
Section 204 of title 23, United States Code, is amended by adding
at the end the following:
``(l) Tribal-State Road Maintenance Agreements.--
``(1) In general.--Notwithstanding any other provision of
law, regulation, policy, or guideline, an Indian tribe and a
State may enter into a road maintenance agreement under which
an Indian tribe assumes the responsibilities of the State for--
``(A) Indian reservation roads; and
``(B) roads providing access to Indian reservation
roads.
``(2) Tribal-state agreements.--Agreements entered into
under paragraph (1)--
``(A) shall be negotiated between the State and the
Indian tribe; and
``(B) shall not require the approval of the
Secretary.
``(3) Annual report.--Effective beginning with fiscal year
2004, the Secretary shall prepare and submit to Congress an
annual report that identifies--
``(A) the Indian tribes and States that have
entered into agreements under paragraph (1);
``(B) the number of miles of roads for which Indian
tribes have assumed maintenance responsibilities; and
``(C) the amount of funding transferred to Indian
tribes for the fiscal year under agreements entered
into under paragraph (1).''.
SEC. 9. ALASKA NATIVE VILLAGE TRANSPORTATION PROGRAM.
Section 204 of title 23, United States Code (as amended by section
8), is amended by adding at the end the following:
``(m) Alaska Native Village Transportation Program.--
``(1) Definitions.--In this subsection:
``(A) Commission.--The term `Commission' means the
Alaska Native Transportation Commission established
under paragraph (4)(A).
``(B) Native.--The term `Native' has the meaning
given the term in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
``(C) Native authority.--The term `Native
authority' means a governing board of a Regional
Corporation, a regional Native nonprofit entity, a
tribal government, or an alternative regional entity
that is designated by the Secretary as a Native
regional transportation authority under paragraph
(3)(A).
``(D) Native village.--The term `Native village'
has the meaning given the term in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602).
``(E) Program.--The term `program' means the Alaska
Native village transportation program established under
paragraph (2).
``(F) Region.--The term `region' means a region in
the State specified in section 11(b)(1) of the Alaska
Native Claims Settlement Act (43 U.S.C 1610(b)(1)).
``(G) Regional corporation.--The term `Regional
Corporation' has the meaning given the term in section
2 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
``(H) State.--The term `State' means the State of
Alaska.
``(2) Establishment.--The Secretary shall establish an
Alaska Native village transportation program to pay the costs
of planning, design, construction, and maintenance of road and
other surface transportation facilities identified in
accordance with this section.
``(3) Alaska native regional transportation authorities.--
``(A) Designation.--The Secretary shall designate a
Native authority for each region.
``(B) Responsibilities.--A Native authority shall,
with respect to each Native village or region, as
appropriate, covered by the Native authority--
``(i) prepare--
``(I) a regional transportation
plan for the Native village; and
``(II) a comprehensive
transportation plan for the region;
``(ii) prioritize and select projects to be
funded with amounts made available under this
section for the region;
``(iii) coordinate transportation planning
with other regions, the State, and other
governmental entities; and
``(iv) ensure that transportation projects
under this section are constructed and
implemented.
``(4) Alaska native transportation commission.--
``(A) Establishment.--As soon as practicable after
the date of enactment of this subsection, the Secretary
shall establish a commission, to be known as the
`Statewide Alaska Native Transportation Commission',
consisting of 1 representative selected from each
Native authority designated by the Secretary under
paragraph (3)(A).
``(B) Duties.--The Commission shall--
``(i) allocate funds made available under
this section among regions in accordance with
paragraph (5);
``(ii) coordinate transportation planning
among the regions, the State, and other
governmental entities; and
``(iii) facilitate transportation projects
involving 2 or more regions.
``(5) Allocation of funding.--
``(A) Fiscal year 2004.--Funds made available for
the program for fiscal year 2004 shall be allocated to
each region by the Secretary as follows:
``(i) 50 percent of the funds shall be
allocated based on the proportion that--
``(I) the Native population of
Native villages in the region; bears to
``(II) the Native population of all
Native villages in the State.
``(ii) 50 percent of the funds shall be
allocated as equally as practicable among all
Native villages in the region.
``(B) Fiscal year 2005 and subsequent fiscal
years.--Funds made available for the program for fiscal
year 2005 and each fiscal year thereafter shall be
allocated among regions by the Commission, in
accordance with a formula to be developed by the
Commission after taking into consideration--
``(i) the health, safety, and economic
needs of each region for transportation
infrastructure, as identified through the
regional planning process;
``(ii) the relative costs of construction
in each region; and
``(iii) the extent to which transportation
projects for each region are ready to proceed
to design and construction.
``(6) Tribal contracting.--Funds allocated among regions
under this subsection may be contracted or compacted in
accordance with the Indian Self Determination and Education
Assistance Act (25 U.S.C. 450b et seq.).
``(7) Matching funds.--Notwithstanding any other provision
of law, funds made available under this subsection may be used
to pay a matching share required for receipt of any other
Federal funds that would further a purpose for which
allocations under this section are made.
``(8) Maintenance.--
``(A) In general.--At the request of a Native
authority or Native village, the Secretary may increase
an amount of funds provided under this subsection for a
construction project by an additional amount equal to
100 percent of the total cost of construction of the
project, as determined by the Secretary.
``(B) Use of retained funds.--An increase in funds
provided under subparagraph (A) for a construction
project shall be retained, and used only, for future
maintenance of the construction project.''.
SEC. 10. INDIAN RESERVATION ROAD SAFETY PROGRAM.
(a) In General.--Chapter 4 of title 23, United States Code, is
amended by adding at the end the following:
``SEC. 412. INDIAN RESERVATION ROAD SAFETY PROGRAM.
``(a) Program.--
``(1) In general.--The Secretary shall carry out a program
to provide to eligible Indian tribes (as determined by the
Secretary) competitive grants for use in establishing tribal
transportation safety programs on--
``(A) Indian reservations; and
``(B) other land under the jurisdiction of an
Indian tribe.
``(2) Use of funds.--Funds from a grant provided under
paragraph (1) may be used to carry out a project or activity--
``(A) to prevent the operation of motor vehicles by
intoxicated individuals;
``(B) to promote increased seat belt use rates;
``(C) to eliminate hazardous locations and
conditions on, or hazardous sections or elements of--
``(i) a public road;
``(ii) a public surface transportation
facility;
``(iii) a publicly-owned bicycle or
pedestrian pathway or trail; or
``(iv) a traffic calming measure;
``(D) to eliminate hazards relating to railway-
highway crossings; or
``(E) to increase transportation safety by any
other means, as determined by the Secretary.
``(b) Federal Share.--The Federal share of the cost of carrying out
the program under this section shall be 100 percent.
``(c) Funding.--Notwithstanding any other provision of law, there
are authorized to be appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out this section--
``(1) $6,000,000 for each of fiscal years 2004 and 2005;
and
``(2) $9,000,000 for each of fiscal years 2006 through
2009.''.
(b) Conforming Amendment.--The analysis for chapter 4 of title 23,
United States Code, is amended by inserting after the item relating to
section 411 the following:
``412. Indian reservation road safety program.''.
SEC. 11. 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) In general.--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.
``(2) Amount of grants.--The amount of a grant provided to
an Indian tribe under subparagraph (A) shall be based on the
need of the Indian tribe, as determined by the Secretary of
Transportation.
``(3) Authorization of funding.--For each of fiscal years
2004 through 2009, of the amount made available under section
5338, $15,000,000 shall be made available to carry out this
subsection.''.
SEC. 12. COMMERCIAL VEHICLE DRIVING TRAINING PROGRAM.
(a) Definitions.--In this section:
(1) Commercial vehicle driving.--The term ``commercial
vehicle driving'' means the driving of--
(A) a vehicle that is a tractor-trailer truck; or
(B) any other vehicle (such as a bus or a vehicle
used for the purpose of construction) the driving of
which requires a commercial license.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(b) Grants.--The Secretary shall provide grants, on a competitive
basis, to entities described in subsection (c)(1) to support programs
providing training and certificates leading to the licensing of Native
Americans with respect to commercial vehicle driving.
(c) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a tribal college or university (as defined in
section 316(b)(3) of the Higher Education Act (20 U.S.C.
1059(b)(3)); and
(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(d) Priority.--In providing grants under subsection (a), the
Secretary shall give priority to grant applications that--
(1) propose training that exceeds proposed minimum
standards for training tractor-trailer drivers of the
Department of Transportation;
(2) propose training that exceeds the entry level truck
driver certification standards set by the Professional Truck
Driver Institute; and
(3) propose an education partnership with a private
trucking firm, trucking association, or similar entity in order
to ensure the effectiveness of the grant program under this
section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for the period of
fiscal years 2004 through 2009.
Calendar No. 284
108th CONGRESS
1st Session
S. 281
[Report No. 108-150]
_______________________________________________________________________
A BILL
To amend the Transportation Equity Act for the 21st Century to make
certain amendments with respect to Indian tribes, to provide for
training and technical assistance to Native Americans who are
interested in commercial vehicle driving careers, and for other
purposes.
_______________________________________________________________________
September 22, 2003
Reported with an amendment