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S. 1776 — what changed

Tribal Infrastructure and Roads Enhancement and Safety Act

From Reported in Senate to Engrossed in Senate. 4 sections amended and 5 removed between Reported in Senate and Engrossed in Senate.

Section 1 Short title

changed This Act may be cited as the “Tribal Infrastructure and Roads Enhancement and Safety Act” or the “TIRES Act”.

Sec. 2 Definition of Secretary

changed In this Act:Act, the term Secretary means the Secretary of the Interior.

(1)
removed Indian reservation— The term Indian reservation has the meaning given the term reservation in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452).
(2)
removed Secretary— The term Secretary means the Secretary of the Interior.

Sec. 3 Application of categorical exclusions to certain tribal transportation facilities

(a)
changed In general—Definition of tribal transportation safety project—
(1)
changed Categorical exclusions—In general— Effective on the date of enactment of In this Act, a highway project, including projects administered by section, the Bureau of Indian Affairs, located on term tribal transportation safety project means a road on an Indian reservation and project described in paragraph (2) that is eligible for assistance funding under section 202 of title 23, United States Code, is deemed to be an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), if the project—and that—
(A)
changed qualifies for categorical exclusion under—corrects or improves a hazardous road location or feature; or
(i)
removed MAP–21 (Public Law 112–141; 126 Stat. 405) or an amendment made by that Act; or
(ii)
removed section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or
(B)
changed would meet those requirements if the project sponsor were addresses a State agency.highway safety problem.
(2)
changed MAP–21 categorical exclusions to certain tribal transportation facilities—Projects described— Section 1317 of MAP–21 (23 U.S.C. 109 note; 126 Stat. 550) A project described in this paragraph is amended—a project for 1 or more of the following:
(A)
changed in paragraph (1)(B), by striking “; and” and inserting a period;An intersection safety improvement.
(B)
changed beginning in the matter preceding paragraph (1), by striking “Not later than” and all that follows through “(1) designate” Pavement and inserting shoulder widening (including the following:addition of a passing lane to remedy an unsafe condition).

removed “(a) In general

removed “(1) Designation of categorical exclusions—Subject to paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary shall designate”

(C)
changed in paragraph (2)—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.
(i)
removed by striking “paragraph (1)” and inserting “subsection (a)”; and
(ii)
removed by striking “(2) not later than” and inserting the following:

removed “(b) Regulations—The Secretary shall, not later than”

(D)
changed in subsection (a) (as designated by subparagraph (B)), by adding Installation of a skid-resistant surface at the end the following:an intersection or other location with a high frequency of crashes.
(E)
added An improvement for pedestrian or bicyclist safety or the safety of persons with disabilities.
(F)
added Construction and improvement of a railway-highway grade crossing safety feature, including the installation of protective devices.
(G)
added The conduct of a model traffic enforcement activity at a railway-highway crossing.
(H)
added Construction of a traffic calming feature.
(I)
added Elimination of a roadside hazard.
(J)
added 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)
added Installation of a priority control system for emergency vehicles at signalized intersections.
(L)
added Installation of a traffic control or other warning device at a location with high crash potential.
(M)
added Transportation safety planning.
(N)
added Collection, analysis, and improvement of safety data.
(O)
added Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety.
(P)
added 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)
added The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife.
(R)
added Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones.
(S)
added Construction and operational improvements on a high risk rural road (as defined in section 148(a) of title 23, United States Code).
(T)
added Geometric improvements to a road for the purposes of safety improvement.
(U)
added A road safety audit.
(V)
added 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)
added Truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note; Public Law 112–141).
(X)
added Systemic safety improvements.
(Y)
added Installation of vehicle-to-infrastructure communication equipment.
(Z)
added Pedestrian hybrid beacons.
(AA)
added Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands.
(BB)
added A physical infrastructure safety project not described in subparagraphs (A) through (AA).
(b)
added New categorical exclusions—
(1)
added Review of existing 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)
added Review of tribal transportation safety projects— The Secretary shall identify 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)
added 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)
added 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)
added Technical assistance— The Secretary of Transportation shall provide technical assistance to the Secretary in carrying out this subsection.

removed “(2) Application of categorical exclusions to certain tribal transportation facilities—With respect to a project described in paragraph (1) that is located on a road on an Indian reservation, for the first full fiscal year after the date of enactment of the TIRES Act, and each fiscal year thereafter, the amount referred to in paragraph (1)(A) shall be adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”

(b)
removed Administration— The Secretary may issue guidance or rules for the administration of this section.
(c)
changed Effective date—Reviews of tribal transportation safety projects—
(1)
changed In general— The categorical exclusions described in subsection (a), and Secretary or the amendments made by subsection (a), take effect on head of another Federal agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision for the date review of enactment the tribal transportation safety project required under the National Environmental Policy Act of this Act.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)
changed Failure Review of Secretary to act—applications— The failure of the Secretary to promulgate any final regulations or guidance shall not affect Not later than 45 days after the qualification date of receipt of a complete application by an Indian tribe for approval of a tribal transportation safety project, the categorical exclusions described in subsection (a).Secretary shall—
(A)
added take final action on the application; or
(B)
added 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)
added 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)
added make the applicable decision; or
(B)
added provide the Indian tribe a schedule for making the decision.
(4)
added 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)
added 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)
added notify the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives of the failure to comply with the deadline; and
(B)
added 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 categorical exclusions

(a)
added 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.

removed Section 1316 of MAP–21 (23 U.S.C. 109 note; 126 Stat. 549) is amended—

(b)
changed Inclusions— in A programmatic agreement under subsection (b)—(a)—
(A)
removed by striking “(b) Definition of an operational right-of-way.—In this section, the” and inserting the following:

removed “(b) Definitions—In this section:

removed “(1) Operational right-of-way

removed “(A) In general—The”

(1)
changed by adding at may include an agreement that allows an Indian tribe to determine, on behalf of the end Secretary, whether a project is categorically excluded from the following: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)
added shall—
(A)
added require that the Indian tribe maintain adequate capacity 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)
added 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)
added allow—
(i)
added the Secretary to monitor compliance of the Indian tribe with the terms of the agreement; and
(ii)
added the Indian tribe to execute any needed corrective action;
(D)
added contain stipulations for amendments, termination, and public availability of the agreement once the agreement has been executed; and
(E)
added 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.

removed “(B) Inclusion—For purposes of subparagraph (A), if a real property interest on an Indian reservation has not been formally designated an operational right-of-way, an Indian tribe may determine the scope and boundaries of that real property interest as an operational right-of-way, subject to the approval of the Bureau of Indian Affairs and the Secretary.

removed “(2) Tribal public safety project

removed “(A) In general—The term tribal public safety project means a project subject to this section that—

removed “(i) corrects or improves a hazardous road location or feature; or

removed “(ii) addresses a highway safety problem.

removed “(B) Inclusions—The term tribal public safety project includes a project for 1 or more of the following:

removed “(i) An intersection safety improvement.

removed “(ii) Pavement and shoulder widening, including addition of a passing lane to remedy an unsafe condition.

removed “(iii) Installation of a rumble strip or other warning device, if the rumble strip or other warning device does not adversely affect the safety or mobility of bicyclists, pedestrians, or the disabled.

removed “(iv) Installation of a skid-resistant surface at an intersection or other location with a high frequency of accidents.

removed “(v) An improvement for pedestrian or bicyclist safety or safety of the disabled.

removed “(vi) Construction of any project for the elimination of hazards at a railway-highway crossing that is eligible for funding under section 130 of title 23, United States Code, including the separation or protection of grades at railway-highway crossings.

removed “(vii) Construction of a railway-highway crossing safety feature, including installation of protective devices.

removed “(viii) The conduct of a model traffic enforcement activity at a railway-highway crossing.

removed “(ix) Construction of a traffic calming feature.

removed “(x) Elimination of a roadside obstacle.

removed “(xi) Improvement of highway signage and pavement markings.

removed “(xii) Installation of a priority control system for emergency vehicles at signalized intersections.

removed “(xiii) Installation of a traffic control or other warning device at a location with high accident potential.

removed “(xiv) Safety-conscious planning.

removed “(xv) Improvements in the collection and analysis of crash data.

removed “(xvi) Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities, including police assistance, relating to workzone safety.

removed “(xvii) Installation of guardrails, barriers, including barriers between construction work zones and traffic lanes for the safety of motorists and workers, and crash attenuators.

removed “(xviii) The addition or retrofitting of structures or other measures to eliminate or reduce accidents involving vehicles and wildlife.

removed “(xix) Installation and maintenance of signs, including fluorescent, yellow-green signs, at pedestrian-bicycle crossings and in school zones.

removed “(xx) Construction and yellow-green signs at pedestrian-bicycle crossings and in school zones.

removed “(xxi) Construction and operational improvements on high risk rural roads.

removed “(xxii) Any other project that the Secretary determines qualifies.”

(2)
removed by redesignating subsections (a) and (b) as subsections (b) and (a), respectively;
(3)
removed in subsection (b) (as so redesignated), in the subsection heading, by striking “In general” and inserting “Designation”; and
(4)
removed by adding at the end the following:

removed “(c) Projects within existing operational rights-of-Way

removed “(1) Applicability—This subsection applies to a project within an existing operational right-of-way on an Indian reservation (as defined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452)) that is—

removed “(A) for a maintenance or preservation activity, whether or not federally funded, within the existing operational right-of-way, including for roadside ditches; or

removed “(B) a project that—

removed “(i) is a tribal public safety project or a project that the tribal department of transportation or the equivalent (or in the case of an Indian tribe without a tribal department of transportation or an official representing the Indian tribe) certifies to the Secretary as providing a safety benefit to the public; and

removed “(ii) is an action that—

removed “(I) is categorically excluded under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or

removed “(II) would be categorically excluded under section 771.117 of title 23, Code of Federal Regulations (or successor regulations), if the applicant were a State agency.

removed “(2) Final action—Except as provided in paragraph (3), a Federal agency shall take final action on an application by an Indian tribe for a permit, approval, or jurisdictional determination for a project described in paragraph (1) not later than 45 days after the date of receipt of the application.

removed “(3) Extensions—A Federal agency may extend the period to take final action on an application by an Indian tribe under paragraph (2) by an additional 30 days by providing to the Secretary and the Indian tribe notice of the extension, including a statement of the need for the extension.

removed “(4) Constructive approval—If a Federal agency does not take final action on an application by an Indian tribe under paragraphs (2) and (3)—

removed “(A) the permit or approval for the project described in paragraph (1) shall be considered approved; and

removed “(B) the Indian tribe shall notify the Secretary of approval under this paragraph.

removed “(5) Report—Not later than 4 years after the date of enactment of the “TIRES Act”, the Secretary shall submit to Congress a report that describes the operation of this subsection, including any recommendations.”

Sec. 5 Bureau of Indian Affairs Reduction in administrative fee

removed

removed Section 202(a)(6) of title 23, United States Code, is amended by striking “6 percent” and inserting “5 percent for each fiscal year”.

Sec. 6 Option of assuming NEPA approval authority

removed
(a)
removed Definition of Secretary— In this section, the term Secretary means the Secretary of the Interior or the Secretary of Transportation, as applicable.
(b)
removed Assumption of Federal responsibilities— An Indian tribe participating in tribal self-governance or a contract or agreement under subsection (a)(2) or (b)(7) of section 202 of title 23, United States Code, and carrying out construction projects on the Indian reservation over which the Indian tribe has jurisdiction, may elect to assume all Federal responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), division A of subtitle III of title 54, United States Code, and other applicable Federal law that would apply if the Secretary were to undertake a construction project if the Indian tribe—
(1)
removed designates an officer—
(A)
removed to represent the Indian tribe; and
(B)
removed to assume the status of a responsible Federal official under those laws; and
(2)
removed accepts the jurisdiction of the Federal court for the purpose of enforcement of the responsibilities of the responsible Federal official under those laws.

Sec. 7 Tribal government transportation safety data report

removed
(a)
removed Findings— Congress finds that—
(1)
removed in many States, the Native American population is disproportionately represented in fatalities and crash statistics;
(2)
removed 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 improvements;
(3)
removed the causes of underreporting of crashes on Indian reservations include—
(A)
removed tribal law enforcement capacity, including—
(i)
removed staffing shortages and turnover; and
(ii)
removed lack of equipment, software, and training; and
(B)
removed lack of standardization in crash reporting forms and protocols; and
(4)
removed without more accurate reporting of crashes on Indian reservations, it is difficult or impossible to fully understand the nature of the problem and develop appropriate countermeasures, which may include effective transportation safety planning and programs aimed at—
(A)
removed DUI prevention;
(B)
removed pedestrian safety;
(C)
removed roadway safety improvements;
(D)
removed seat belt usage; and
(E)
removed proper use of child restraints.
(b)
removed Report to Congress—
(1)
removed In general— Not later than 1 year after the date of enactment of this Act, the Secretary, after consultation with the Secretary of Transportation, the Secretary of Health and Human Services, the Attorney General, and Indian tribes, 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 reservations.
(2)
removed Purposes— The purposes of the report described in paragraph (1) are—
(A)
removed to improve the collection and sharing of data on crashes on Indian reservations; and
(B)
removed to develop data that Indian tribes can use to recover damages to tribal property caused by motorists.
(3)
removed Paperless data reporting— In preparing the report under paragraph (1), the Secretary shall provide Indian tribes with options and best practices for transition to a paperless transportation safety data reporting system that—
(A)
removed improves the collection of crash reports;
(B)
removed stores, archives, queries, and shares crash records; and
(C)
removed uses data exclusively—
(i)
removed to address traffic safety issues on Indian reservations; and
(ii)
removed to identify and improve problem areas on public roads on Indian reservations.
(4)
removed Additional budgetary resources— The Secretary shall include in the report under paragraph (1) the identification of Federal transportation funds provided to Indian tribes by agencies in addition to the Department of the Interior.

Sec. 8 Bureau of Indian Affairs road safety study

removed

removed Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Assistant Secretary for Indian Affairs, in consultation with the Secretary of Transportation, the Attorney General, and States, shall—

(1)
removed complete a study that identifies and evaluates options for improving safety on public roads on Indian reservations; and
(2)
removed 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 study.

Sec. 9 Tribal transportation funding

removed
(a)
removed In general— Section 1101(a)(3) of MAP–21 (Public Law 112–141, 126 Stat. 414) is amended—
(1)
removed by striking subparagraph (A) and inserting the following:

removed “(A) Tribal transportation program—For the tribal transportation program under section 202 of title 23, United States Code (other than subsection (d) of that section), there is authorized to be appropriated—

removed “(i) $468,180,000 for fiscal year 2016;

removed “(ii) $477,540,000 for fiscal year 2017;

removed “(iii) $487,090,000 for fiscal year 2018;

removed “(iv) $496,830,000 for fiscal year 2019;

removed “(v) $506,770,000 for fiscal year 2020; and

removed “(vi) $516,905,400 for fiscal year 2021.”

(2)
removed by adding at the end the following:

removed “(D) Tribal transportation facility bridge program—For the tribal transportation facility bridge program under section 202(d) of title 23, United States Code, there is authorized to be appropriated—

removed “(i) $16,000,000 for fiscal year 2016;

removed “(ii) $18,000,000 for fiscal year 2017;

removed “(iii) $20,000,000 for fiscal year 2018;

removed “(iv) $22,000,000 for fiscal year 2019;

removed “(v) $24,000,000 for fiscal year 2020; and

removed “(vi) $26,000,000 for fiscal year 2021.”

(b)
removed Tribal transportation facility bridge program— Section 202(d) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following:

removed “(2) Tribal transportation facility bridge program—The Secretary shall use funds made available to carry out this subsection—

removed “(A) to carry out any planning, design, engineering, preconstruction, construction, and inspection of new or replacement tribal transportation facility bridges;

removed “(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

removed “(C) to implement any countermeasure for deficient tribal transportation facility bridges, including multiple-pipe culverts.”