Bill Summary
The Tribal Transportation Equity and Transparency Improvement Act of 2020 aims to amend title 23 of the United States Code to modify the distribution of funds and expand the scope of the Tribal Transportation Program. It also establishes a Tribal Transportation Advisory Committee within the Bureau of Indian Affairs to advise the Secretary of the Interior on tribal transportation issues. These amendments aim to improve equity and transparency in the distribution and use of funds for tribal transportation projects.
Possible Impacts
1. Native American tribes will have access to more transportation funds for highway safety and other transportation projects, thanks to the expansion and amendment of the tribal transportation program.
2. The Tribal Transportation Advisory Committee will be formed to provide guidance and advice to the Secretary of the Interior on tribal transportation issues, allowing for better representation and collaboration between Indian tribes and the government.
3. Federal agencies, including the Department of Transportation and the Department of the Interior, will be required to conduct audits and reviews of the tribal transportation program to ensure transparency and accountability in the use of funds.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3359 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3359
To amend title 23, United States Code, to modify the distribution of
funds under the tribal transportation program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2020
Mr. Thune (for himself and Ms. Sinema) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to modify the distribution of
funds under the tribal transportation program, 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 ``Tribal Transportation Equity and
Transparency Improvement Act of 2020''.
SEC. 2. TRIBAL TRANSPORTATION PROGRAM.
(a) In General.--Section 202 of title 23, United States Code, is
amended--
(1) in subsection (a)(9)(A), by striking ``construction and
improvement'' and inserting ``construction, improvement, and
highway safety'';
(2) in subsection (b)--
(A) 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 Tribal
Transportation Equity and Transparency
Improvement Act of 2020, 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
(B) 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'';
(3) in subsection (c)--
(A) 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
(B) 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
(4) in subsection (e)(2), by striking ``as appropriate,''
and inserting ``subject to subsection (a)(9),''.
(b) Inspector General Review.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Inspector General of the Department
of Transportation 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 section as the ``program'').
(2) Review.--The audit under paragraph (1) shall include--
(A) 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
(B) 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.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Inspector General of the Department
of Transportation and the Inspector General of the Department
of the Interior shall jointly submit a report describing the
results of the audit under paragraph (1) to--
(A) the Committee on Environment and Public Works
of the Senate;
(B) the Committee on Indian Affairs of the Senate;
(C) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(D) the Committee on Natural Resources of the House
of Representatives.
(c) Comptroller General Review.--
(1) In general.--The Comptroller General of the United
States (referred to in this subsection as the ``Comptroller
General'') shall initiate an audit of the program.
(2) Review.--The audit under paragraph (1) shall include an
examination of--
(A) 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;
(B) 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;
(C) potential alternatives to the methodology
described in subparagraph (B) for purposes of
allocating funding under section 202 of title 23,
United States Code;
(D) how the Secretary of the Interior ensures
that--
(i) the program is consistently
administered; and
(ii) program decisions are transparently
and consistently made; and
(E) the potential effects of having the program
administered solely by the Secretary of the Interior or
the Secretary of Transportation.
(3) 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 paragraph (1)
to--
(A) the Committee on Environment and Public Works
of the Senate;
(B) the Committee on Indian Affairs of the Senate;
(C) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(D) the Committee on Natural Resources of the House
of Representatives.
(d) 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.
SEC. 3. TRANSPORTATION FACILITY ELIGIBILITY.
(a) Definitions.--In this section:
(1) Inventory.--The term ``inventory'' means the national
inventory of tribal transportation facilities under section
202(b) of title 23, United States Code.
(2) 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).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) 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 Transportation 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.
(c) Report.--
(1) In general.--Not later than 180 days after each
deadline described in subsection (b), the Secretary 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.
(2) Requirements.--Each report under paragraph (1) shall
include, for each Indian reservation, Alaska Native village, or
other recognized Indian community (including former Indian
reservations in the State of Oklahoma)--
(A) the mileage of proposed roads included in the
inventory before the deadline described in subsection
(b);
(B) the mileage of proposed roads approved to be
included in the inventory on the basis of the
documentation and other information submitted under
subsection (b); and
(C) an estimate, based on the documentation and
other information submitted under subsection (b), of
the construction and maintenance costs of the proposed
roads described in subparagraph (B).
SEC. 4. 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.''.
SEC. 5. 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''.
SEC. 6. TRIBAL TRANSPORTATION ADVISORY COMMITTEE.
(a) 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 (referred to in this section as the
``Secretary'') shall establish within the Bureau of Indian Affairs a
committee, to be known as the ``Tribal Transportation Advisory
Committee'' (referred to in this section 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).
(b) Membership.--
(1) In general.--The Committee shall be composed of--
(A) the Secretary (or a designee);
(B) 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;
(C) State and local representatives;
(D) not fewer than 1 representative of the Bureau
of Indian Affairs;
(E) not fewer than 1 representative of the
Department of Transportation; and
(F) other members, as determined to be appropriate
by the Secretary in consultation with the Committee.
(2) Appointment.--The Secretary shall appoint each member
of the Committee.
(3) Chairperson.--The Secretary (or a designee) shall serve
as chairperson of the Committee.
(c) Terms.--Except for the Secretary, each member of the Committee
shall serve for a term of 3 years.
(d) Vacancies.--Any vacancy occurring in the membership of the
Committee--
(1) shall be filled in the same manner as the original
appointment was made; and
(2) shall not affect the power of the remaining members to
carry out the duties of the Committee.
(e) Duties.--
(1) In general.--The Committee shall--
(A) regularly provide advice to the Secretary 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--
(I) the funding formula used to
determine tribal shares under the
tribal transportation program; and
(II) 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--
(I) traffic safety; and
(II) 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
(B) 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).
(2) Best practices and recommendations.--The Committee may,
on a periodic basis, develop and present to the Secretary best
practices and recommendations regarding the issues described in
clauses (i) through (vi) of paragraph (1)(A).
(3) Subcommittees.--The Committee may establish any
subcommittees necessary to carry out the duties of the
Committee.
(f) Report to Congress.--Not later than 180 days after receiving
any recommendations from the Committee under subsection (e)(2), the
Secretary shall submit to the relevant committees of Congress a report
describing those recommendations.
(g) Federal Advisory Committee Act.--Except as otherwise provided
in this section, the Federal Advisory Committee Act (5 U.S.C. App.)
shall apply to the Committee and each subcommittee of the Committee.
(h) Detail of Federal Employees.--
(1) In general.--On request of the Committee, the Secretary
may detail, with or without reimbursement, any of the personnel
of the Department of the Interior or, in consultation with the
Secretary of Transportation, the Department of Transportation,
to the Committee to assist the Committee in carrying out the
duties of the Committee.
(2) Civil service status.--Any detail of a Federal employee
under paragraph (1) shall not interrupt or otherwise affect the
civil service status or privileges of the Federal employee
being detailed.
(i) Payment and Expenses.--
(1) Compensation.--Members of the Committee shall serve
without pay.
(2) Travel expenses.--Each member of the Committee shall
receive, for a meeting called by the Secretary, travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(j) 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.
<all>