Addressing Underdeveloped and Tribally Operated Streets Act
This bill addresses tribal transportation facilities, projects, and funding. Specifically, the bill modifies the National Environmental Policy Act (NEPA) approval process for tribal transportation safety projects to categorically exclude qualifying projects from requirements to conduct environmental assessments and environmental impact statements. A tribal transportation safety project is one that is eligible for assistance under the tribal transportation program and that (1) corrects or improves a hazardous road location or feature, or (2) addresses a highway safety problem.
The Department of the Interior must (1) review existing Federal Highway Administration categorical exclusions to determine applicability to tribal transportation program projects, and (2) identify types of tribal transportation safety projects that meet general categorical exclusion requirements. Interior must establish categorical exclusions for tribal projects consistent with its findings.
The bill prescribes requirements for the expedited review and approval of tribal transportation safety projects under NEPA or other federal laws.
Interior must enter into five-year programmatic agreements with tribes that establish efficient administrative procedures for carrying out environmental reviews for tribal transportation program projects.
The bill authorizes through FY2025 the program to fund tribal transportation facility bridge projects and the Bureau of Indian Affairs (BIA) road maintenance program. Per the bill, Customs and Border Protection may transfer funds to the BIA to maintain or repair roads in certain situations.
The bill requires the Department of Transportation to develop best practices and a standardized form in relation to motor vehicle crash data on certain tribal lands.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1211 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1211
To provide for improvements to Tribal transportation facilities and
Tribal transportation safety, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2019
Mr. Hoeven (for himself, Mr. Cramer, and Ms. McSally) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs
_______________________________________________________________________
A BILL
To provide for improvements to Tribal transportation facilities and
Tribal transportation safety, 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 ``Addressing Underdeveloped and
Tribally Operated Streets Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN TRIBAL
TRANSPORTATION FACILITIES.
(a) Definition of Tribal Transportation Safety Project.--
(1) In general.--In this section, the term ``tribal
transportation safety project'' means a project described in
paragraph (2) that is eligible for funding under section 202 of
title 23, United States Code, and that--
(A) corrects or improves a hazardous road location
or feature; or
(B) addresses a highway safety problem.
(2) Projects described.--A project described in this
paragraph is a project for 1 or more of the following:
(A) An intersection safety improvement.
(B) Pavement and shoulder widening (including the
addition of a passing lane to remedy an unsafe
condition).
(C) Installation of rumble strips or another
warning device, if the rumble strips or other warning
devices do not adversely affect the safety or mobility
of bicyclists and pedestrians, including persons with
disabilities.
(D) Installation of a skid-resistant surface at an
intersection or other location with a high frequency of
crashes.
(E) An improvement for pedestrian or bicyclist
safety or the safety of persons with disabilities.
(F) Construction and improvement of a railway-
highway grade crossing safety feature, including the
installation of protective devices.
(G) The conduct of a model traffic enforcement
activity at a railway-highway crossing.
(H) Construction of a traffic calming feature.
(I) Elimination of a roadside hazard.
(J) Installation, replacement, and other
improvements of highway signage and pavement markings
or a project to maintain minimum levels of
retroreflectivity that addresses a highway safety
problem consistent with a State strategic highway
safety plan.
(K) Installation of a priority control system for
emergency vehicles at signalized intersections.
(L) Installation of a traffic control or other
warning device at a location with high crash potential.
(M) Transportation safety planning.
(N) Collection, analysis, and improvement of safety
data.
(O) Planning integrated interoperable emergency
communications equipment, operational activities, or
traffic enforcement activities (including police
assistance) relating to work zone safety.
(P) Installation of guardrails, barriers (including
barriers between construction work zones and traffic
lanes for the safety of road users and workers), and
crash attenuators.
(Q) The addition or retrofitting of structures or
other measures to eliminate or reduce crashes involving
vehicles and wildlife.
(R) Installation of yellow-green signs and signals
at pedestrian and bicycle crossings and in school
zones.
(S) Construction and operational improvements on a
high risk rural road (as defined in section 148(a) of
title 23, United States Code).
(T) Geometric improvements to a road for the
purposes of safety improvement.
(U) A road safety audit.
(V) Roadway safety infrastructure improvements
consistent with the recommendations included in the
publication of the Federal Highway Administration
entitled ``Handbook for Designing Roadways for the
Aging Population'' (FHWA-SA-14-015), dated June 2014
(or a revised or updated publication).
(W) Truck parking facilities eligible for funding
under section 1401 of MAP-21 (23 U.S.C. 137 note;
Public Law 112-141).
(X) Systemic safety improvements.
(Y) Installation of vehicle-to-infrastructure
communication equipment.
(Z) Pedestrian hybrid beacons.
(AA) Roadway improvements that provide separation
between pedestrians and motor vehicles, including
medians and pedestrian crossing islands.
(BB) A physical infrastructure safety project not
described in subparagraphs (A) through (AA).
(b) New Categorical Exclusions.--
(1) Review of existing tribal categorical exclusions.--The
Secretary shall review the categorical exclusions under section
771.117 of title 23, Code of Federal Regulations (or successor
regulations), to determine which, if any, are applicable for
use by the Secretary in review of projects eligible for
assistance under section 202 of title 23, United States Code.
(2) Review of tribal transportation safety projects.--The
Secretary shall identify types of tribal transportation safety
projects that meet the requirements for categorical exclusions
under sections 1507.3 and 1508.4 of title 40, Code of Federal
Regulations.
(3) Proposal.--The Secretary shall issue a proposed rule,
in accordance with sections 1507.3 and 1508.4 of title 40, Code
of Federal Regulations, to propose any categorical exclusions
identified under paragraphs (1) and (2).
(4) Deadline.--Not later than 180 days after the date of
enactment of this Act, and after considering any comments on
the proposed rule issued under paragraph (3), the Secretary
shall promulgate a final rule for the categorical exclusions,
in accordance with sections 1507.3 and 1508.4 of title 40, Code
of Federal Regulations.
(5) Technical assistance.--The Secretary of Transportation
shall provide technical assistance to the Secretary in carrying
out this subsection.
(c) Reviews of Tribal Transportation Safety Projects.--
(1) In general.--The Secretary or the head of another
Federal agency responsible for a decision related to a tribal
transportation safety project shall complete any approval or
decision for the review of the tribal transportation safety
project required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal
law on an expeditious basis using the shortest existing
applicable process.
(2) Review of applications.--Not later than 45 days after
the date of receipt of a complete application by an Indian
tribe for approval of a tribal transportation safety project,
the Secretary shall--
(A) take final action on the application; or
(B) provide the Indian tribe a schedule for
completion of the review described in paragraph (1),
including the identification of any other Federal
agency that has jurisdiction with respect to the
project.
(3) Decisions under other federal laws.--In any case in
which a decision under any other Federal law relating to a
tribal transportation safety project (including the issuance or
denial of a permit or license) is required, not later than 45
days after the Secretary has made all decisions of the lead
agency under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the project, the head of
the Federal agency responsible for the decision shall--
(A) make the applicable decision; or
(B) provide the Indian tribe a schedule for making
the decision.
(4) Extensions.--The Secretary or the head of an applicable
Federal agency may extend the period under paragraph (2) or
(3), as applicable, by an additional 30 days by providing the
Indian tribe notice of the extension, including a statement of
the need for the extension.
(5) Notification and explanation.--In any case in which a
required action is not completed by the deadline under
paragraph (2), (3), or (4), as applicable, the Secretary or the
head of a Federal agency, as applicable, shall--
(A) notify the Committee on Indian Affairs and the
Committee on Environment and Public Works of the Senate
and the Committee on Natural Resources of the House of
Representatives of the failure to comply with the
deadline; and
(B) provide to the Committees described in
subparagraph (A) a detailed explanation of the reasons
for the failure to comply with the deadline.
SEC. 4. PROGRAMMATIC AGREEMENTS FOR TRIBAL CATEGORICAL EXCLUSIONS.
(a) In General.--The Secretary shall enter into programmatic
agreements with Indian tribes that establish efficient administrative
procedures for carrying out environmental reviews for projects eligible
for assistance under section 202 of title 23, United States Code.
(b) Inclusions.--A programmatic agreement under subsection (a)--
(1) may include an agreement that allows an Indian tribe to
determine, on behalf of the Secretary, whether a project is
categorically excluded from the preparation of an environmental
assessment or environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(2) shall--
(A) require that the Indian tribe maintain adequate
capability in terms of personnel and other resources to
carry out applicable agency responsibilities pursuant
to section 1507.2 of title 40, Code of Federal
Regulations (or successor regulations);
(B) set forth the responsibilities of the Indian
tribe for making categorical exclusion determinations,
documenting the determinations, and achieving
acceptable quality control and quality assurance;
(C) allow--
(i) the Secretary to monitor compliance of
the Indian tribe with the terms of the
agreement; and
(ii) the Indian tribe to execute any needed
corrective action;
(D) contain stipulations for amendments,
termination, and public availability of the agreement
once the agreement has been executed; and
(E) have a term of not more than 5 years, with an
option for renewal based on a review by the Secretary
of the performance of the Indian tribe.
SEC. 5. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.
Section 202(d) of title 23, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Use of funds.--Funds made available to carry out this
subsection shall be used--
``(A) to carry out any planning, design,
engineering, preconstruction, construction, and
inspection of new or replacement tribal transportation
facility bridges;
``(B) to replace, rehabilitate, seismically
retrofit, paint, apply calcium magnesium acetate,
sodium acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and deicing
composition; or
``(C) to implement any countermeasure for deficient
tribal transportation facility bridges, including
multiple-pipe culverts.''; and
(2) by adding at the end the following:
``(5) Funding.--
``(A) In general.--In addition to any other funds
made available to carry out this section, there are
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection--
``(i) $16,000,000 for fiscal year 2021;
``(ii) $18,000,000 for fiscal year 2022;
``(iii) $20,000,000 for fiscal year 2023;
``(iv) $22,000,000 for fiscal year 2024;
and
``(v) $24,000,000 for fiscal year 2025.
``(B) Treatment.--For purposes of section 201,
funds made available under subparagraph (A) shall be
considered to be part of the tribal transportation
program.''.
SEC. 6. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.
There are authorized to be appropriated to the Director of the
Bureau of Indian Affairs to carry out the road maintenance program of
the Bureau--
(1) $46,000,000 for fiscal year 2021;
(2) $48,000,000 for fiscal year 2022;
(3) $50,000,000 for fiscal year 2023;
(4) $52,000,000 for fiscal year 2024; and
(5) $54,000,000 for fiscal year 2025.
SEC. 7. STUDY OF ROAD MAINTENANCE ON INDIAN LAND.
(a) Definitions.--In this section:
(1) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 3 of the Native
American Business Development, Trade Promotion, and Tourism Act
of 2000 (25 U.S.C. 4302).
(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. 5304).
(3) Road.--The term ``road'' means a road managed in whole
or in part by the Bureau of Indian Affairs.
(4) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Assistant Secretary for Indian Affairs.
(b) Study.--Not later than 2 years after the date of enactment of
this Act, the Secretary, in consultation with the Secretary of
Transportation, shall carry out a study to evaluate--
(1) the long-term viability and useful life of existing
roads on Indian land;
(2) any steps necessary to achieve the goal of addressing
the deferred maintenance backlog of existing roads on Indian
land;
(3) programmatic reforms and performance enhancements
necessary to achieve the goal of restructuring and streamlining
road maintenance programs on existing or future roads located
on Indian land; and
(4) recommendations on how to implement efforts to
coordinate with States, counties, municipalities, and other
units of local government to maintain roads on Indian land.
(c) Tribal Consultation and Input.--Before beginning the study
under subsection (b), the Secretary shall--
(1) consult with any Indian tribes that have jurisdiction
over roads eligible for funding under the road maintenance
program of the Bureau of Indian Affairs; and
(2) solicit and consider the input, comments, and
recommendations of the Indian tribes described in paragraph
(1).
(d) Report.--On completion of the study under subsection (b), the
Secretary, in consultation with the Secretary of Transportation, shall
submit to the Committees on Indian Affairs and Environment and Public
Works of the Senate and the Committees on Natural Resources and
Transportation and Infrastructure of the House of Representatives a
report on the results and findings of the study.
(e) Status Report.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than every 2 years
thereafter, the Secretary, in consultation with the Secretary of
Transportation, shall submit to the Committees on Indian Affairs and
Environment and Public Works of the Senate and the Committees on
Natural Resources and Transportation and Infrastructure of the House of
Representatives a report that includes a description of--
(1) the progress made toward addressing the deferred
maintenance needs of the roads on Indian land, including a list
of projects funded during the fiscal period covered by the
report;
(2) the outstanding needs of the roads that have been
provided funding to address the deferred maintenance needs;
(3) the remaining needs of any of the projects referred to
in paragraph (1);
(4) how the goals described in subsection (b) have been
met, including--
(A) an identification and assessment of any
deficiencies or shortfalls in meeting the goals; and
(B) a plan to address the deficiencies or
shortfalls in meeting the goals; and
(5) any other issues or recommendations provided by an
Indian tribe under the consultation and input process under
subsection (c) that the Secretary determines to be appropriate.
SEC. 8. MAINTENANCE OF CERTAIN INDIAN RESERVATION ROADS.
The Commissioner of U.S. Customs and Border Protection may transfer
funds to the Director of the Bureau of Indian Affairs to maintain or
repair roads under the jurisdiction of the Director, subject to the
condition that the Commissioner and the Director shall mutually agree
that the primary user of the subject road is U.S. Customs and Border
Protection.
SEC. 9. TRIBAL TRANSPORTATION SAFETY NEEDS.
(a) Definitions.--In this section:
(1) Alaska native.--The term ``Alaska Native'' has the
meaning given the term ``Native'' in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
(2) Alaska native village.--The term ``Alaska Native
village'' has the meaning given the term ``Native village'' in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
(3) 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. 5304).
(b) Best Practices, Standardized Crash Report Form.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary, Indian tribes, Alaska Native
villages, and State departments of transportation shall
develop--
(A) best practices for the compiling, analysis, and
sharing of motor vehicle crash data for crashes
occurring on Indian reservations and in Alaska Native
communities; and
(B) a standardized form for use by Indian tribes
and Alaska Native communities to carry out those best
practices.
(2) Purpose.--The purpose of the best practices and
standardized form developed under paragraph (1) shall be to
improve the quality and quantity of crash data available to and
used by the Federal Highway Administration, State departments
of transportation, Indian tribes, and Alaska Native villages.
(3) Report.--On completion of the development of the best
practices and standardized form under paragraph (1), the
Secretary of Transportation 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 best practices and standardized form.
(c) Use of IMARS.--The Director of the Bureau of Indian Affairs
shall require all law enforcement offices of the Bureau, for the
purpose of reporting motor vehicle crash data for crashes occurring on
Indian reservations and in Alaska Native communities--
(1) to use the crash report form of the applicable State;
and
(2) to upload the information on that form to the Incident
Management Analysis and Reporting System (IMARS) of the
Department of the Interior.
(d) Tribal Transportation Program Safety Funding.--Section
202(e)(1) of title 23, United States Code, is amended by striking ``2
percent'' and inserting ``4 percent''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 116-68.
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
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