,,ii #aafth ,,congress #b;d ,session ,s4 #ccei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bg1 #bjbj,mr4 ,thune 7for himself and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to amend title #bc1 ,united ,states ,code1 to modify the distribution of funds under the tribal transportation program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tribal ,transportation ,equity and ,transparency ,improvement ,act of #bjbj4 #b4 ,tribal transportation program 7a7 ,in general ,section #bjb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#i77;,a71 by striking construction and improvement and inserting construction1 improvement1 and highway safety2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking subparagraph 7,d7 and inserting the following3 7,d7 ,additional facilities 7i7 ,in general ,not later than #bgj days after the date of enactment of the ,tribal ,transportation ,equity and ,transparency ,improvement ,act of #bjbj1 and not less frequently than every #c years thereafter1 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 7,a71 if those proposed additional facilities are included in the inventory in a uniform and consistent manner nationally4 7ii7 ,rule of construction ,nothing in this subparagraph-- 7,i7 prohibits the ,secretary of the ,interior from including in the inventory under subparagraph 7,a7 additional transportation facilities more frequently than required under clause 7i71 including1 as necessary1 in response to a proposal from an eligible ,indian tribe submitted during a period not described in the notice under clause 7i72 or 7,,ii7 requires ,indian tribes to submit proposals to the ,secretary of the ,interior in response to the notice required under clause 7i74 2 and 7ii7 by adding at the end the following3 7,f7 ,public availability ,the ,secretary of the ,interior shall ensure that all non-confidential information within the inventory described in subparagraph 7,a7 is made available-- 7i7 in a user-friendly manner on the public website of the ,department of the ,interior2 and 7ii7 in a manner capable of being searched and downloaded by users of the public website of the ,department of the ,interior4 2 and 7,b7 in paragraph 7#c77;,b71 in the matter preceding clause 7i71 by striking fiscal year #bjab and inserting the most recent fiscal year for which data is available2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking 2 and at the end and inserting a period2 7ii7 by striking subparagraph 7,b72 and 7iii7 in the matter preceding subparagraph 7,a71 by striking shall be-- and all that follows through selected by in subparagraph 7,a71 and inserting shall be selected by2 and 7,b7 by adding at the end the following3 7#d7 ,nationally significant ,federal lands and ,tribal projects program ,notwithstanding any other provision of this section1 amounts made available to ,indian tribes under subsection 7b77#c7 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 #aabc of the ,,fast ,act 7#bc ,u4,s4,c4 #bja note2 ,public ,law #aad-id74 2 and 7#d7 in subsection 7e77#b71 by striking as appropriate1 and inserting subject to subsection 7a77#i714 7b7 ,inspector general review 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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 #bjb of title #bc1 ,united ,states ,code 7referred to in this section as the program74 7#b7 ,review ,the audit under paragraph 7#a7 shall include-- 7,a7 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 #bjb7;b77#a7 of title #bc1 ,united ,states ,code2 and 7,b7 a review of the administration of the program1 including whether-- 7i7 funding under the program is distributed in a timely manner that is consistent with statutory and regulatory requirements2 and 7ii7 the current procedures and practices used by the ,secretary of the ,interior to allocate funding for tribal transportation facilities 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code7 under the program are transparent and consistently applied4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 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 7#a7 to-- 7,a7 the ,committee on ,environment and ,public ,works of the ,senate2 7,b7 the ,committee on ,indian ,affairs of the ,senate2 7,c7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,d7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7c7 ,comptroller ,general review 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states 7referred to in this subsection as the ,comptroller ,general7 shall initiate an audit of the program4 7#b7 ,review ,the audit under paragraph 7#a7 shall include an examination of-- 7,a7 the funding formula of the program under section #bjb7;b77#c7 of title #bc1 ,united ,states ,code1 including key decisions made over time that have affected the methods used to determine tribal shares of program funds2 7,b7 whether1 for purposes of allocating funding under section #bjb of title #bc1 ,united ,states ,code1 the allocation methodology under subpart ,d of part #ajjj of title #bd1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 provides an accurate and reliable estimate of tribal population2 7,c7 potential alternatives to the methodology described in subparagraph 7,b7 for purposes of allocating funding under section #bjb of title #bc1 ,united ,states ,code2 7,d7 how the ,secretary of the ,interior ensures that-- 7i7 the program is consistently administered2 and 7ii7 program decisions are transparently and consistently made2 and 7,e7 the potential effects of having the program administered solely by the ,secretary of the ,interior or the ,secretary of ,transportation4 7#c7 ,report ,not later than #edj days after the date of enactment of this ,act1 the ,comptroller ,general shall submit a report describing the results of the audit under paragraph 7#a7 to-- 7,a7 the ,committee on ,environment and ,public ,works of the ,senate2 7,b7 the ,committee on ,indian ,affairs of the ,senate2 7,c7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,d7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7d7 ,obligation limitations ,notwithstanding section #aajb7;a7 of the ,,fast ,act 7#bc ,u4,s4,c4 #ajd note2 ,public ,law #aad-id7 or any other provision of law providing a limitation on obligations for ,federal-aid highway and highway safety construction programs for a fiscal year1 amounts made available to carry out the tribal transportation program under section #bjb of title #bc1 ,united ,states ,code1 for a fiscal year shall not be subject to the obligation limitation for that fiscal year4 #c4 ,transportation facility eligibility 7a7 ,definitions ,in this section3 7#a7 ,inventory ,the term inventory means the national inventory of tribal transportation facilities under section #bjb7;b7 of title #bc1 ,united ,states ,code4 7#b7 ,proposed road ,the term proposed road means a proposed road or facility 7as defined in section #agj4e of title #be1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act77 that is a road1 including a primary access route 7as defined in that section74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,deadline ,not later than #ahj days after the date of enactment of this ,act1 and not less frequently than every #c years thereafter1 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 #agj4ddc7;a7 of title #be1 ,code of ,federal ,regulations 7as in effect on ,november #f1 #bjai71 for the proposed road4 7c7 ,report 7#a7 ,in general ,not later than #ahj days after each deadline described in subsection 7b71 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 inventory4 7#b7 ,requirements ,each report under paragraph 7#a7 shall include1 for each ,indian reservation1 ,alaska ,native village1 or other recognized ,indian community 7including former ,indian reservations in the ,state of ,oklahoma7-- 7,a7 the mileage of proposed roads included in the inventory before the deadline described in subsection 7b72 7,b7 the mileage of proposed roads approved to be included in the inventory on the basis of the documentation and other information submitted under subsection 7b72 and 7,c7 an estimate1 based on the documentation and other information submitted under subsection 7b71 of the construction and maintenance costs of the proposed roads described in subparagraph 7,b74 #d4 ,tribal highway safety partnerships ,section #djb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#a77;,c71 by striking by and inserting by1 or on behalf of12 and 7#b7 in subsection 7h77#b7-- 7,a7 by striking ,notwithstanding and inserting the following3 7,a7 ,in general ,notwithstanding 2 and 7,b7 by adding at the end the following3 7,b7 ,cooperation ,in accordance with section #bjb7;a77#i77;,a71 an ,indian tribe may use amounts described in subparagraph 7,a7 in cooperation with ,states1 counties1 and other local subdivisions for highway safety purposes4 4 #e4 ,nationally significant ,federal lands and tribal projects program ,section #aabc of the ,,fast ,act 7#bc ,u4,s4,c4 #bja note2 ,public ,law #aad-id7 is amended-- 7#a7 in subsection 7c77#c71 by inserting for a project that is to be carried out by an eligible entity that is not an ,indian tribe1 before having an2 and 7#b7 in subsection 7g77#a7-- 7,a7 by striking shall be up to and inserting the following3 shall be-- 7,a7 for a project carried out by an ,indian tribe1 up to #ajj percent2 and 7,b7 for a project not described in subparagraph 7,a71 up to 4 #f4 ,tribal transportation advisory committee 7a7 ,establishment ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior 7referred to in this section as the ,secretary7 shall establish within the ,bureau of ,indian ,affairs a committee1 to be known as the ,tribal ,transportation ,advisory ,committee 7referred to in this section as the ,committee71 which shall replace the ,tribal ,transportation ,program ,coordinating ,committee established under sections #agj4ace through #agj4acg of title #be1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7b7 ,membership 7#a7 ,in general ,the ,committee shall be composed of-- 7,a7 the ,secretary 7or a designee72 7,b7 representatives of a diverse group of ,indian tribes1 including-- 7i7 not fewer than #a tribal representative from each region of the ,bureau of ,indian ,affairs2 and 7ii7 not more than #c tribal representatives from any #a region of the ,bureau of ,indian ,affairs2 7,c7 ,state and local representatives2 7,d7 not fewer than #a representative of the ,bureau of ,indian ,affairs2 7,e7 not fewer than #a representative of the ,department of ,transportation2 and 7,f7 other members1 as determined to be appropriate by the ,secretary in consultation with the ,committee4 7#b7 ,appointment ,the ,secretary shall appoint each member of the ,committee4 7#c7 ,chairperson ,the ,secretary 7or a designee7 shall serve as chairperson of the ,committee4 7c7 ,terms ,except for the ,secretary1 each member of the ,committee shall serve for a term of #c years4 7d7 ,vacancies ,any vacancy occurring in the membership of the ,committee-- 7#a7 shall be filled in the same manner as the original appointment was made2 and 7#b7 shall not affect the power of the remaining members to carry out the duties of the ,committee4 7e7 ,duties 7#a7 ,in general ,the ,committee shall-- 7,a7 regularly provide advice to the ,secretary on and1 subject to the discretion of the ,committee1 study issues relating to tribal transportation1 including-- 7i7 the tribal transportation program under section #bjb of title #bc1 ,united ,states ,code1 including-- 7,i7 the funding formula used to determine tribal shares under the tribal transportation program2 and 7,,ii7 the national tribal transportation facility inventory established under subsection 7b77#a7 of that section2 7ii7 the road maintenance program managed by the ,bureau of ,indian ,affairs2 7iii7 grants awarded to ,indian tribes for public transportation using amounts made available under section #ecaa7;c77#a7 of title #di1 ,united ,states ,code2 7iv7 transportation safety within tribal reservations1 including-- 7,i7 traffic safety2 and 7,,ii7 safety partnerships with ,federal1 ,state1 and local authorities2 7v7 the availability of transportation funding in the event of a natural disaster2 and 7vi7 any other policies or procedures related to tribal transportation1 as determined by the ,committee2 and 7,b7 carry out the duties of the ,tribal ,transportation ,program ,coordinating ,committee established under sections #agj4ace through #agj4acg of title #be1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#b7 ,best practices and recommendations ,the ,committee may1 on a periodic basis1 develop and present to the ,secretary best practices and recommendations regarding the issues described in clauses 7i7 through 7vi7 of paragraph 7#a77;,a74 7#c7 ,subcommittees ,the ,committee may establish any subcommittees necessary to carry out the duties of the ,committee4 7f7 ,report to ,congress ,not later than #ahj days after receiving any recommendations from the ,committee under subsection 7e77#b71 the ,secretary shall submit to the relevant committees of ,congress a report describing those recommendations4 7g7 ,federal ,advisory ,committee ,act ,except as otherwise provided in this section1 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee and each subcommittee of the ,committee4 7h7 ,detail of ,federal employees 7#a7 ,in general ,on request of the ,committee1 the ,secretary may detail1 with or without reimbursement1 any of the personnel of the ,department of the ,interior or1 in consultation with the ,secretary of ,transportation1 the ,department of ,transportation1 to the ,committee to assist the ,committee in carrying out the duties of the ,committee4 7#b7 ,civil service status ,any detail of a ,federal employee under paragraph 7#a7 shall not interrupt or otherwise affect the civil service status or privileges of the ,federal employee being detailed4 7i7 ,payment and expenses 7#a7 ,compensation ,members of the ,committee shall serve without pay4 7#b7 ,travel expenses ,each member of the ,committee shall receive1 for a meeting called by the ,secretary1 travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code4 7j7 ,termination ,the ,committee1 including subcommittees of the ,committee1 shall terminate on the date that is #aj years after the date of enactment of this ,act4