,,ii #aafth ,,congress #ast ,session ,s4 #abaa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aa1 #bjai,mr4 ,hoeven 7for himself1 ,mr4 ,cramer1 and ,ms4 ,mc,sally7 introduced the following bill2 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 safety1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,addressing ,underdeveloped and ,tribally ,operated ,streets ,act4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of the ,interior4 #c4 ,application of categorical exclusions to certain tribal transportation facilities 7a7 ,definition of tribal transportation safety project 7#a7 ,in general ,in this section1 the term tribal transportation safety project means a project described in paragraph 7#b7 that is eligible for funding under section #bjb of title #bc1 ,united ,states ,code1 and that-- 7,a7 corrects or improves a hazardous road location or feature2 or 7,b7 addresses a highway safety problem4 7#b7 ,projects described ,a project described in this paragraph is a project for #a or more of the following3 7,a7 ,an intersection safety improvement4 7,b7 ,pavement and shoulder widening 7including the addition of a passing lane to remedy an unsafe condition74 7,c7 ,installation of rumble strips or another warning device1 if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians1 including persons with disabilities4 7,d7 ,installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes4 7,e7 ,an improvement for pedestrian or bicyclist safety or the safety of persons with disabilities4 7,f7 ,construction and improvement of a railway-highway grade crossing safety feature1 including the installation of protective devices4 7,g7 ,the conduct of a model traffic enforcement activity at a railway-highway crossing4 7,h7 ,construction of a traffic calming feature4 7,i7 ,elimination of a roadside hazard4 7,j7 ,installation1 replacement1 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 plan4 7,k7 ,installation of a priority control system for emergency vehicles at signalized intersections4 7,l7 ,installation of a traffic control or other warning device at a location with high crash potential4 7,m7 ,transportation safety planning4 7,n7 ,collection1 analysis1 and improvement of safety data4 7,o7 ,planning integrated interoperable emergency communications equipment1 operational activities1 or traffic enforcement activities 7including police assistance7 relating to work zone safety4 7,p7 ,installation of guardrails1 barriers 7including barriers between construction work zones and traffic lanes for the safety of road users and workers71 and crash attenuators4 7,q7 ,the addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife4 7,r7 ,installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones4 7,s7 ,construction and operational improvements on a high risk rural road 7as defined in section #adh7;a7 of title #bc1 ,united ,states ,code74 7,t7 ,geometric improvements to a road for the purposes of safety improvement4 7,u7 ,a road safety audit4 7,v7 ,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 7,,fhwa-,,sa-#ad-jae71 dated ,june #bjad 7or a revised or updated publication74 7,w7 ,truck parking facilities eligible for funding under section #adja of ,,map-#ba 7#bc ,u4,s4,c4 #acg note2 ,public ,law #aab-ada74 7,x7 ,systemic safety improvements4 7,y7 ,installation of vehicle-to-infrastructure communication equipment4 7,z7 ,pedestrian hybrid beacons4 7,,aa7 ,roadway improvements that provide separation between pedestrians and motor vehicles1 including medians and pedestrian crossing islands4 7,,bb7 ,a physical infrastructure safety project not described in subparagraphs 7,a7 through 7,,aa74 7b7 ,new categorical exclusions 7#a7 ,review of existing tribal categorical exclusions ,the ,secretary shall review the categorical exclusions under section #gga4aag of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 to determine which1 if any1 are applicable for use by the ,secretary in review of projects eligible for assistance under section #bjb of title #bc1 ,united ,states ,code4 7#b7 ,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 #aejg4c and #aejh4d of title #dj1 ,code of ,federal ,regulations4 7#c7 ,proposal ,the ,secretary shall issue a proposed rule1 in accordance with sections #aejg4c and #aejh4d of title #dj1 ,code of ,federal ,regulations1 to propose any categorical exclusions identified under paragraphs 7#a7 and 7#b74 7#d7 ,deadline ,not later than #ahj days after the date of enactment of this ,act1 and after considering any comments on the proposed rule issued under paragraph 7#c71 the ,secretary shall promulgate a final rule for the categorical exclusions1 in accordance with sections #aejg4c and #aejh4d of title #dj1 ,code of ,federal ,regulations4 7#e7 ,technical assistance ,the ,secretary of ,transportation shall provide technical assistance to the ,secretary in carrying out this subsection4 7c7 ,reviews of tribal transportation safety projects 7#a7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other applicable ,federal law on an expeditious basis using the shortest existing applicable process4 7#b7 ,review of applications ,not later than #de days after the date of receipt of a complete application by an ,indian tribe for approval of a tribal transportation safety project1 the ,secretary shall-- 7,a7 take final action on the application2 or 7,b7 provide the ,indian tribe a schedule for completion of the review described in paragraph 7#a71 including the identification of any other ,federal agency that has jurisdiction with respect to the project4 7#c7 ,decisions under other ,federal laws ,in any case in which a decision under any other ,federal law relating to a tribal transportation safety project 7including the issuance or denial of a permit or license7 is required1 not later than #de days after the ,secretary has made all decisions of the lead agency under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the project1 the head of the ,federal agency responsible for the decision shall-- 7,a7 make the applicable decision2 or 7,b7 provide the ,indian tribe a schedule for making the decision4 7#d7 ,extensions ,the ,secretary or the head of an applicable ,federal agency may extend the period under paragraph 7#b7 or 7#c71 as applicable1 by an additional #cj days by providing the ,indian tribe notice of the extension1 including a statement of the need for the extension4 7#e7 ,notification and explanation ,in any case in which a required action is not completed by the deadline under paragraph 7#b71 7#c71 or 7#d71 as applicable1 the ,secretary or the head of a ,federal agency1 as applicable1 shall-- 7,a7 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 deadline2 and 7,b7 provide to the ,committees described in subparagraph 7,a7 a detailed explanation of the reasons for the failure to comply with the deadline4 #d4 ,programmatic agreements for tribal categorical exclusions 7a7 ,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 #bjb of title #bc1 ,united ,states ,code4 7b7 ,inclusions ,a programmatic agreement under subsection 7a7-- 7#a7 may include an agreement that allows an ,indian tribe to determine1 on behalf of the ,secretary1 whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7#b7 shall-- 7,a7 require that the ,indian tribe maintain adequate capability in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section #aejg4b of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 7,b7 set forth the responsibilities of the ,indian tribe for making categorical exclusion determinations1 documenting the determinations1 and achieving acceptable quality control and quality assurance2 7,c7 allow-- 7i7 the ,secretary to monitor compliance of the ,indian tribe with the terms of the agreement2 and 7ii7 the ,indian tribe to execute any needed corrective action2 7,d7 contain stipulations for amendments1 termination1 and public availability of the agreement once the agreement has been executed2 and 7,e7 have a term of not more than #e years1 with an option for renewal based on a review by the ,secretary of the performance of the ,indian tribe4 #e4 ,use of certain tribal transportation funds ,section #bjb7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,use of funds ,funds made available to carry out this subsection shall be used-- 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 2 and 7#b7 by adding at the end the following3 7#e7 ,funding 7,a7 ,in general ,in addition to any other funds made available to carry out this section1 there are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 to carry out this subsection-- 7i7 #af1jjj1jjj for fiscal year #bjba2 7ii7 #ah1jjj1jjj for fiscal year #bjbb2 7iii7 #bj1jjj1jjj for fiscal year #bjbc2 7iv7 #bb1jjj1jjj for fiscal year #bjbd2 and 7v7 #bd1jjj1jjj for fiscal year #bjbe4 7,b7 ,treatment ,for purposes of section #bja1 funds made available under subparagraph 7,a7 shall be considered to be part of the tribal transportation program4 4 #f4 ,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-- 7#a7 #df1jjj1jjj for fiscal year #bjba2 7#b7 #dh1jjj1jjj for fiscal year #bjbb2 7#c7 #ej1jjj1jjj for fiscal year #bjbc2 7#d7 #eb1jjj1jjj for fiscal year #bjbd2 and 7#e7 #ed1jjj1jjj for fiscal year #bjbe4 #g4 ,study of road maintenance on ,indian land 7a7 ,definitions ,in this section3 7#a7 ,indian land ,the term ,indian land has the meaning given the term ,indian lands in section #c of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb74 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,road ,the term road means a road managed in whole or in part by the ,bureau of ,indian ,affairs4 7#d7 ,secretary ,the term ,secretary means the ,secretary1 acting through the ,assistant ,secretary for ,indian ,affairs4 7b7 ,study ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,transportation1 shall carry out a study to evaluate-- 7#a7 the long-term viability and useful life of existing roads on ,indian land2 7#b7 any steps necessary to achieve the goal of addressing the deferred maintenance backlog of existing roads on ,indian land2 7#c7 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 land2 and 7#d7 recommendations on how to implement efforts to coordinate with ,states1 counties1 municipalities1 and other units of local government to maintain roads on ,indian land4 7c7 ,tribal consultation and input ,before beginning the study under subsection 7b71 the ,secretary shall-- 7#a7 consult with any ,indian tribes that have jurisdiction over roads eligible for funding under the road maintenance program of the ,bureau of ,indian ,affairs2 and 7#b7 solicit and consider the input1 comments1 and recommendations of the ,indian tribes described in paragraph 7#a74 7d7 ,report ,on completion of the study under subsection 7b71 the ,secretary1 in consultation with the ,secretary of ,transportation1 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 study4 7e7 ,status report ,not later than #b years after the date of enactment of this ,act1 and not less frequently than every #b years thereafter1 the ,secretary1 in consultation with the ,secretary of ,transportation1 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-- 7#a7 the progress made toward addressing the deferred maintenance needs of the roads on ,indian land1 including a list of projects funded during the fiscal period covered by the report2 7#b7 the outstanding needs of the roads that have been provided funding to address the deferred maintenance needs2 7#c7 the remaining needs of any of the projects referred to in paragraph 7#a72 7#d7 how the goals described in subsection 7b7 have been met1 including-- 7,a7 an identification and assessment of any deficiencies or shortfalls in meeting the goals2 and 7,b7 a plan to address the deficiencies or shortfalls in meeting the goals2 and 7#e7 any other issues or recommendations provided by an ,indian tribe under the consultation and input process under subsection 7c7 that the ,secretary determines to be appropriate4 #h4 ,maintenance of certain ,indian reservation roads ,the ,commissioner of ,u4,s4 ,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 ,director1 subject to the condition that the ,commissioner and the ,director shall mutually agree that the primary user of the subject road is ,u4,s4 ,customs and ,border ,protection4 #i4 ,tribal transportation safety needs 7a7 ,definitions ,in this section3 7#a7 ,alaska ,native ,the term ,alaska ,native has the meaning given the term ,native in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#b7 ,alaska ,native village ,the term ,alaska ,native village has the meaning given the term ,native village in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7b7 ,best practices1 standardized crash report form 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,secretary1 ,indian tribes1 ,alaska ,native villages1 and ,state departments of transportation shall develop-- 7,a7 best practices for the compiling1 analysis1 and sharing of motor vehicle crash data for crashes occurring on ,indian reservations and in ,alaska ,native communities2 and 7,b7 a standardized form for use by ,indian tribes and ,alaska ,native communities to carry out those best practices4 7#b7 ,purpose ,the purpose of the best practices and standardized form developed under paragraph 7#a7 shall be to improve the quality and quantity of crash data available to and used by the ,federal ,highway ,administration1 ,state departments of transportation1 ,indian tribes1 and ,alaska ,native villages4 7#c7 ,report ,on completion of the development of the best practices and standardized form under paragraph 7#a71 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 form4 7c7 ,use of ,,imars ,the ,director of the ,bureau of ,indian ,affairs shall require all law enforcement offices of the ,bureau1 for the purpose of reporting motor vehicle crash data for crashes occurring on ,indian reservations and in ,alaska ,native communities-- 7#a7 to use the crash report form of the applicable ,state2 and 7#b7 to upload the information on that form to the ,incident ,management ,analysis and ,reporting ,system 7,,imars7 of the ,department of the ,interior4 7d7 ,tribal ,transportation ,program safety funding ,section #bjb7;e77#a7 of title #bc1 ,united ,states ,code1 is amended by striking #b percent and inserting #d percent4