,,ii #aadth ,,congress #ast ,session ,s4 #aggf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ae1 #bjae ,mr4 ,barrasso 7for himself and ,mr4 ,crapo7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to enhance tribal road safety1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tribal ,infrastructure and ,roads ,enhancement and ,safety ,act or ,,tires ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,indian reservation ,the term ,indian reservation has the meaning given the term reservation in section #c of the ,indian ,financing ,act of #aigd 7#be ,u4,s4,c4 #adeb74 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #c4 ,application of categorical exclusions to certain tribal transportation facilities 7a7 ,in general 7#a7 ,categorical exclusions ,effective on the date of enactment of this ,act1 a highway project1 including projects administered by the ,bureau of ,indian ,affairs1 located on a road on an ,indian reservation and eligible for assistance under section #bjb of title #bc1 ,united ,states ,code1 is deemed to be an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 if the project-- 7,a7 qualifies for categorical exclusion under-- 7i7 ,,map-#ba 7,public ,law #aab-ada2 #abf ,stat4 #dje7 or an amendment made by that ,act2 or 7ii7 section #gga4aag of title #bc1 ,code of ,federal ,regulations 7or successor regulations72 or 7,b7 would meet those requirements if the project sponsor were a ,state agency4 7#b7 ,,map-#ba categorical exclusions to certain tribal transportation facilities ,section #acag of ,,map-#ba 7#bc ,u4,s4,c4 #aji note2 #abf ,stat4 #eej7 is amended-- 7,a7 in paragraph 7#a77;,b71 by striking 2 and and inserting a period2 7,b7 beginning in the matter preceding paragraph 7#a71 by striking ,not later than and all that follows through 7#a7 designate and inserting the following3 7a7 ,in general 7#a7 ,designation of categorical exclusions ,subject to paragraph 7#b71 not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall designate 2 7,c7 in paragraph 7#b7-- 7i7 by striking paragraph 7#a7 and inserting subsection 7a72 and 7ii7 by striking 7#b7 not later than and inserting the following3 7b7 ,regulations ,the ,secretary shall1 not later than 2 and 7,d7 in subsection 7a7 7as designated by subparagraph 7,b771 by adding at the end the following3 7#b7 ,application of categorical exclusions to certain tribal transportation facilities ,with respect to a project described in paragraph 7#a7 that is located on a road on an ,indian reservation1 for the first full fiscal year after the date of enactment of the ,,tires ,act1 and each fiscal year thereafter1 the amount referred to in paragraph 7#a77;,a7 shall be adjusted to reflect changes for the #ab-month period ending the preceding ,november #cj in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor4 4 7b7 ,administration ,the ,secretary may issue guidance or rules for the administration of this section4 7c7 ,effective date 7#a7 ,in general ,the categorical exclusions described in subsection 7a71 and the amendments made by subsection 7a71 take effect on the date of enactment of this ,act4 7#b7 ,failure of ,secretary to act ,the failure of the ,secretary to promulgate any final regulations or guidance shall not affect the qualification for the categorical exclusions described in subsection 7a74 #d4 ,streamlining for tribal public safety projects within existing operational rights-of-way ,section #acaf of ,,map-#ba 7#bc ,u4,s4,c4 #aji note2 #abf ,stat4 #edi7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking 7b7 ,definition of an operational right-of-way4--,in this section1 the and inserting the following3 7b7 ,definitions ,in this section3 7#a7 ,operational right-of-way 7,a7 ,in general ,the 2 and 7,b7 by adding at the end the following3 7,b7 ,inclusion ,for purposes of subparagraph 7,a71 if a real property interest on an ,indian reservation has not been formally designated an operational right-of-way1 an ,indian tribe may determine the scope and boundaries of that real property interest as an operational right-of-way1 subject to the approval of the ,bureau of ,indian ,affairs and the ,secretary4 7#b7 ,tribal public safety project 7,a7 ,in general ,the term tribal public safety project means a project subject to this section that-- 7i7 corrects or improves a hazardous road location or feature2 or 7ii7 addresses a highway safety problem4 7,b7 ,inclusions ,the term tribal public safety project includes a project for #a or more of the following3 7i7 ,an intersection safety improvement4 7ii7 ,pavement and shoulder widening1 including addition of a passing lane to remedy an unsafe condition4 7iii7 ,installation of a rumble strip or other warning device1 if the rumble strip or other warning device does not adversely affect the safety or mobility of bicyclists1 pedestrians1 or the disabled4 7iv7 ,installation of a skid-resistant surface at an intersection or other location with a high frequency of accidents4 7v7 ,an improvement for pedestrian or bicyclist safety or safety of the disabled4 7vi7 ,construction of any project for the elimination of hazards at a railway-highway crossing that is eligible for funding under section #acj of title #bc1 ,united ,states ,code1 including the separation or protection of grades at railway-highway crossings4 7vii7 ,construction of a railway-highway crossing safety feature1 including installation of protective devices4 7viii7 ,the conduct of a model traffic enforcement activity at a railway-highway crossing4 7ix7 ,construction of a traffic calming feature4 7x7 ,elimination of a roadside obstacle4 7xi7 ,improvement of highway signage and pavement markings4 7xii7 ,installation of a priority control system for emergency vehicles at signalized intersections4 7xiii7 ,installation of a traffic control or other warning device at a location with high accident potential4 7xiv7 ,safety-conscious planning4 7xv7 ,improvements in the collection and analysis of crash data4 7xvi7 ,planning integrated interoperable emergency communications equipment1 operational activities1 or traffic enforcement activities1 including police assistance1 relating to workzone safety4 7xvii7 ,installation of guardrails1 barriers1 including barriers between construction work zones and traffic lanes for the safety of motorists and workers1 and crash attenuators4 7xviii7 ,the addition or retrofitting of structures or other measures to eliminate or reduce accidents involving vehicles and wildlife4 7xix7 ,installation and maintenance of signs1 including fluorescent1 yellow-green signs1 at pedestrian-bicycle crossings and in school zones4 7xx7 ,construction and yellow-green signs at pedestrian-bicycle crossings and in school zones4 7xxi7 ,construction and operational improvements on high risk rural roads4 7xxii7 ,any other project that the ,secretary determines qualifies4 2 7#b7 by redesignating subsections 7a7 and 7b7 as subsections 7b7 and 7a71 respectively2 7#c7 in subsection 7b7 7as so redesignated71 in the subsection heading1 by striking ,in general and inserting ,designation2 and 7#d7 by adding at the end the following3 7c7 ,projects within existing operational rights-of-,way 7#a7 ,applicability ,this subsection applies to a project within an existing operational right-of-way on an ,indian reservation 7as defined in section #c of the ,indian ,financing ,act of #aigd 7#be ,u4,s4,c4 #adeb77 that is-- 7,a7 for a maintenance or preservation activity1 whether or not federally funded1 within the existing operational right-of-way1 including for roadside ditches2 or 7,b7 a project that-- 7i7 is a tribal public safety project or a project that the tribal department of transportation or the equivalent 7or in the case of an ,indian tribe without a tribal department of transportation or an official representing the ,indian tribe7 certifies to the ,secretary as providing a safety benefit to the public2 and 7ii7 is an action that-- 7,i7 is categorically excluded under section #gga4aag of title #bc1 ,code of ,federal ,regulations 7or successor regulations72 or 7,,ii7 would be categorically excluded under section #gga4aag of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 if the applicant were a ,state agency4 7#b7 ,final action ,except as provided in paragraph 7#c71 a ,federal agency shall take final action on an application by an ,indian tribe for a permit1 approval1 or jurisdictional determination for a project described in paragraph 7#a7 not later than #de days after the date of receipt of the application4 7#c7 ,extensions ,a ,federal agency may extend the period to take final action on an application by an ,indian tribe under paragraph 7#b7 by an additional #cj days by providing to the ,secretary and the ,indian tribe notice of the extension1 including a statement of the need for the extension4 7#d7 ,constructive approval ,if a ,federal agency does not take final action on an application by an ,indian tribe under paragraphs 7#b7 and 7#c7-- 7,a7 the permit or approval for the project described in paragraph 7#a7 shall be considered approved2 and 7,b7 the ,indian tribe shall notify the ,secretary of approval under this paragraph4 7#e7 ,report ,not later than #d years after the date of enactment of the ,,tires ,act1 the ,secretary shall submit to ,congress a report that describes the operation of this subsection1 including any recommendations4 4 #e4 ,bureau of ,indian ,affairs ,reduction in administrative fee ,section #bjb7;a77#f7 of title #bc1 ,united ,states ,code1 is amended by striking #f percent and inserting #e percent for each fiscal year4 #f4 ,option of assuming ,,nepa approval authority 7a7 ,definition of ,secretary ,in this section1 the term ,secretary means the ,secretary of the ,interior or the ,secretary of ,transportation1 as applicable4 7b7 ,assumption of ,federal responsibilities ,an ,indian tribe participating in tribal self-governance or a contract or agreement under subsection 7a77#b7 or 7b77#g7 of section #bjb of title #bc1 ,united ,states ,code1 and carrying out construction projects on the ,indian reservation over which the ,indian tribe has jurisdiction1 may elect to assume all ,federal responsibilities under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code1 and other applicable ,federal law that would apply if the ,secretary were to undertake a construction project if the ,indian tribe-- 7#a7 designates an officer-- 7,a7 to represent the ,indian tribe2 and 7,b7 to assume the status of a responsible ,federal official under those laws2 and 7#b7 accepts the jurisdiction of the ,federal court for the purpose of enforcement of the responsibilities of the responsible ,federal official under those laws4 #g4 ,tribal government transportation safety data report 7a7 ,findings ,congress finds that-- 7#a7 in many ,states1 the ,native ,american population is disproportionately represented in fatalities and crash statistics2 7#b7 improved crash reporting by tribal law enforcement agencies would facilitate safety planning and would enable ,indian tribes to apply more successfully for ,state and ,federal funds for safety improvements2 7#c7 the causes of underreporting of crashes on ,indian reservations include-- 7,a7 tribal law enforcement capacity1 including-- 7i7 staffing shortages and turnover2 and 7ii7 lack of equipment1 software1 and training2 and 7,b7 lack of standardization in crash reporting forms and protocols2 and 7#d7 without more accurate reporting of crashes on ,indian reservations1 it is difficult or impossible to fully understand the nature of the problem and develop appropriate countermeasures1 which may include effective transportation safety planning and programs aimed at-- 7,a7 ,,dui prevention2 7,b7 pedestrian safety2 7,c7 roadway safety improvements2 7,d7 seat belt usage2 and 7,e7 proper use of child restraints4 7b7 ,report to ,congress 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 after consultation with the ,secretary of ,transportation1 the ,secretary of ,health and ,human ,services1 the ,attorney ,general1 and ,indian tribes1 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 quality of transportation safety data collected by ,states and counties for transportation safety systems and the relevance of that data to improving the collection and sharing of data on crashes on ,indian reservations4 7#b7 ,purposes ,the purposes of the report described in paragraph 7#a7 are-- 7,a7 to improve the collection and sharing of data on crashes on ,indian reservations2 and 7,b7 to develop data that ,indian tribes can use to recover damages to tribal property caused by motorists4 7#c7 ,paperless data reporting ,in preparing the report under paragraph 7#a71 the ,secretary shall provide ,indian tribes with options and best practices for transition to a paperless transportation safety data reporting system that-- 7,a7 improves the collection of crash reports2 7,b7 stores1 archives1 queries1 and shares crash records2 and 7,c7 uses data exclusively-- 7i7 to address traffic safety issues on ,indian reservations2 and 7ii7 to identify and improve problem areas on public roads on ,indian reservations4 7#d7 ,additional budgetary resources ,the ,secretary shall include in the report under paragraph 7#a7 the identification of ,federal transportation funds provided to ,indian tribes by agencies in addition to the ,department of the ,interior4 #h4 ,bureau of ,indian ,affairs road safety study ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 acting through the ,assistant ,secretary for ,indian ,affairs1 in consultation with the ,secretary of ,transportation1 the ,attorney ,general1 and ,states1 shall-- 7#a7 complete a study that identifies and evaluates options for improving safety on public roads on ,indian reservations2 and 7#b7 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 results of the study4 #i4 ,tribal transportation funding 7a7 ,in general ,section #aaja7;a77#c7 of ,,map-#ba 7,public ,law #aab-ada1 #abf ,stat4 #dad7 is amended-- 7#a7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,tribal transportation program ,for the tribal transportation program under section #bjb of title #bc1 ,united ,states ,code 7other than subsection 7d7 of that section71 there is authorized to be appropriated-- 7i7 #dfh1ahj1jjj for fiscal year #bjaf2 7ii7 #dgg1edj1jjj for fiscal year #bjag2 7iii7 #dhg1jij1jjj for fiscal year #bjah2 7iv7 #dif1hcj1jjj for fiscal year #bjai2 7v7 #ejf1ggj1jjj for fiscal year #bjbj2 and 7vi7 #eaf1ije1djj for fiscal year #bjba4 2 and 7#b7 by adding at the end the following3 7,d7 ,tribal transportation facility bridge program ,for the tribal transportation facility bridge program under section #bjb7;d7 of title #bc1 ,united ,states ,code1 there is authorized to be appropriated-- 7i7 #af1jjj1jjj for fiscal year #bjaf2 7ii7 #ah1jjj1jjj for fiscal year #bjag2 7iii7 #bj1jjj1jjj for fiscal year #bjah2 7iv7 #bb1jjj1jjj for fiscal year #bjai2 7v7 #bd1jjj1jjj for fiscal year #bjbj2 and 7vi7 #bf1jjj1jjj for fiscal year #bjba4 4 7b7 ,tribal transportation facility bridge program ,section #bjb7;d7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,tribal transportation facility bridge program ,the ,secretary shall use funds made available to carry out this subsection-- 7,a7 to carry out any planning1 design1 engineering1 preconstruction1 construction1 and inspection of new or replacement tribal transportation facility bridges2 7,b7 to replace1 rehabilitate1 seismically retrofit1 paint1 apply calcium magnesium acetate1 sodium acetate_/formate1 or other environmentally acceptable1 minimally corrosive anti-icing and deicing composition2 or 7,c7 to implement any countermeasure for deficient tribal transportation facility bridges1 including multiple-pipe culverts4 4