FEDERAL LANDS HIGHWAYS PROGRAM.

SEC. 1115. FEDERAL LANDS HIGHWAYS PROGRAM. (a) Federal Share Payable.— Section 120 of title 23, United States Code, is amended by adding at the end the following: “(j) Use of Federal Land Management Agency Funds.— Notwithstanding any other provision of law, the funds appropriated to any Federal land management agency may be used to pay the non-Federal share of the cost of any Federal-aid highway project the Federal share of which is funded under section 104. “(k) Use of Federal Lands Highways Program Funds.— Notwithstanding any other provision of law, the funds authorized to be appropriated to carry out the Federal lands highways program under section 204 may be used to pay the non-Federal share of the cost of any project that is funded under section 104 and that provides access to or within Federal or Indian lands.”. (b) Allocations.— Section 202(d) of such title is amended— (1) by inserting “Indian Reservation Roads.—” after “(d)”; (2) by inserting “(1) For fiscal years ending before october 1, 1999.—” before “On October”; (3) by inserting after “each fiscal year” the following: “ending before October 1, 1999”; (4) by adding at the end the following: “(2) Fiscal year 2000 and thereafter.— “(A) In general.— All funds authorized to be appropriated for Indian reservation roads shall be allocated among Indian tribes for fiscal year 2000 and each subsequent fiscal year in accordance with a formula established by the Secretary of the Interior under a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5. “(B) Regulations.— Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary of the Interior shall issue regulations governing the Indian reservation roads program, and establishing the funding formula for fiscal 112 STAT. 155year 2000 and each subsequent fiscal year under this paragraph, in accordance with a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5. The regulations shall be issued in final form not later than April 1, 1999, and shall take effect not later than October 1, 1999. “(C) Negotiated rule making committee.— In establishing a negotiated rule making committee to carry out subparagraph (B), the Secretary of the Interior shall— “(i) apply the procedures under subchapter III of chapter 5 of title 5 in a manner that reflects the unique government-to-government relationship between the Indian tribes and the United States; and “(ii) ensure that the membership of the committee includes only representatives of the Federal Government and of geographically diverse small, medium, and large Indian tribes. “(D) Basis for funding formula.— The funding formula established for fiscal year 2000 and each subsequent fiscal year under this paragraph shall be based on factors that reflect— “(i) the relative needs of the Indian tribes, and reservation or tribal communities, for transportation assistance; and “(ii) the relative administrative capacities of, and challenges faced by, various Indian tribes, including the cost of road construction in each Bureau of Indian Affairs area, geographic isolation and difficulty in maintaining all-weather access to employment, commerce, health, safety, and educational resources. “(3) Contracts and agreements with Indian tribes.— “(A) In general.— Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available under this title for Indian reservation roads and for highway bridges located on Indian reservation roads to pay for the costs of programs, services, functions, and activities, or portions thereof, that are specifically or functionally related to the cost of planning, research, engineering, and construction of any highway, road, bridge, parkway, or transit facility that provides access to or is located within the reservation or community of an Indian tribe shall be made available, upon request of the Indian tribal government, to the Indian tribal government for contracts and agreements for such planning, research, engineering, and construction in accordance with the Indian Self-Determination and Education Assistance Act. “(B) Exclusion of agency participation.— Funds for programs, functions, services, or activities, or portions thereof, including supportive administrative functions that are otherwise contractible to which subparagraph (A) applies, shall be paid in accordance with subparagraph (A) without regard to the organizational level at which the Department of the Interior that has previously carried out such programs, functions, services, or activities. “(4) Reservation of funds.— 112 STAT. 156 “(A) Nationwide priority program.— The Secretary shall establish a nationwide priority program for improving deficient Indian reservation road bridges. “(B) Reservation.— Of the amounts authorized to be appropriated for Indian reservation roads for each fiscal year, the Secretary, in cooperation with the Secretary of the Interior, shall reserve not less than $13,000,000 for projects to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate to, apply sodium acetate/formate de-icer to, or install scour countermeasures for deficient Indian reservation road bridges, including multiple-pipe culverts. “(C) Eligible bridges.— To be eligible to receive funding under this subsection, a bridge described in subparagraph (A) must— “(i) have an opening of 20 feet or more; “(ii) be on an Indian reservation road; “(iii) be unsafe because of structural deficiencies, physical deterioration, or functional obsolescence; and “(iv) be recorded in the national bridge inventory administered by the Secretary under subsection (b). “(D) Approval requirement.— Funds to carry out Indian reservation road bridge projects under this subsection shall be made available only on approval of plans, specifications, and estimates by the Secretary.”; and (5) by indenting paragraph (1) (as designated by paragraph (2) of this paragraph) and aligning paragraph (1) with paragraphs (2), (3), and (4) (as added by paragraph (4) of this paragraph). (c) Availability of Funds.— Section 203 of such title is amended by adding at the end the following: “Notwithstanding any other provision of law, the authorization by the Secretary of engineering and related work for a Federal lands highways program project, or the approval by the Secretary of plans, specifications, and estimates for construction of a Federal lands highways program project, shall be deemed to constitute a contractual obligation of the Federal Government to pay the Federal share of the cost of the project.”. (d) Planning and Agency Coordination.— Section 204 of such title is amended— (1) by striking subsection (a) and inserting the following: “(a) Establishment.— “(1) In general.— Recognizing the need for all Federal roads that are public roads to be treated under uniform policies similar to the policies that apply to Federal-aid highways, there is established a coordinated Federal lands highways program that shall apply to public lands highways, park roads and parkways, and Indian reservation roads and bridges. “(2) Transportation planning procedures.— In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall develop, by rule, transportation planning procedures that are consistent with the metropolitan and statewide planning processes required under sections 134 and 135. “(3) Approval of transportation improvement program.— The transportation improvement program developed as 112 STAT. 157a part of the transportation planning process under this section shall be approved by the Secretary. “(4) Inclusion in other plans.— All regionally significant Federal lands highways program projects— “(A) shall be developed in cooperation with States and metropolitan planning organizations; and “(B) shall be included in appropriate Federal lands highways program, State, and metropolitan plans and transportation improvement programs. “(5) Inclusion in state programs.— The approved Federal lands highways program transportation improvement program shall be included in appropriate State and metropolitan planning organization plans and programs without further action on the transportation improvement program. “(6) Development of systems.— The Secretary and the Secretary of each appropriate Federal land management agency shall, to the extent appropriate, develop by rule safety, bridge, pavement, and congestion management systems for roads funded under the Federal lands highways program.”; (2) in subsection (b) by striking the first 3 sentences and inserting the following: “Funds available for public lands highways, park roads and parkways, and Indian reservation roads shall be used by the Secretary and the Secretary of the appropriate Federal land management agency to pay for the cost of transportation planning, research, engineering, and construction of the highways, roads, and parkways, or of transit facilities within public lands, national parks, and Indian reservations. In connection with activities under the preceding sentence, the Secretary and the Secretary of the appropriate Federal land management agency may enter into construction contracts and other appropriate contracts with a State or civil subdivision of a State or Indian tribe.”; (3) in the first sentence of subsection (e) by striking “Secretary of the Interior” and inserting “Secretary of the appropriate Federal land management agency”; (4) in subsection (h) by adding at the end the following: “(8) A project to build a replacement of the federally owned bridge over the Hoover Dam in the Lake Mead National Recreation Area between Nevada and Arizona.”; (5) by striking subsection (i) and inserting the following: “(i) Transfers of Costs to Secretaries of Federal Land Management Agencies.— “(1) Administrative costs.— The Secretary shall transfer to the appropriate Federal land management agency from amounts made available for public lands highways such amounts as are necessary to pay necessary administrative costs of the agency in connection with public lands highways. “(2) Transportation planning costs.— The Secretary shall transfer to the appropriate Federal land management agency from amounts made available for public lands highways such amounts as are necessary to pay the cost to the agency to conduct necessary transportation planning for Federal lands, if funding for the planning is not otherwise provided under this section.”; and (6) in subsection (j) by striking the second sentence and inserting the following: “The Indian tribal government, in 112 STAT. 158cooperation with the Secretary of the Interior, and as appropriate, with a State, local government, or metropolitan planning organization, shall carry out a transportation planning process in accordance with subsection (a).”. (e) Refuge Roads.— (1) Authorizations.— Section 201 of such title is amended in the first sentence by inserting “refuge roads,” before “public lands highways,”. (2) Allocations.— Section 202 of such title is amended by adding at the end the following: “(e) Refuge Roads.— On October 1 of each fiscal year, the Secretary shall allocate the sums made available for that fiscal year for refuge roads according to the relative needs of the various refuges in the National Wildlife Refuge System, and taking into consideration— “(1) the comprehensive conservation plan for each refuge; “(2) the need for access as identified through land use planning; and “(3) the impact of land use planning on existing transportation facilities.”. (3) Availability of funds.— Section 203 of such title is amended in the first and fourth sentences— (A) by striking “for,” and inserting “for”; and (B) by inserting “refuge roads,” after “parkways,” each place it appears. (4) Use of funding.— Section 204 of such title is amended by adding at the end the following: “(k) Refuge Roads.— (1) In general.— Notwithstanding any other provision of this title, funds made available for refuge roads shall be used by the Secretary and the Secretary of the Interior only to pay the cost of— “(A) maintenance and improvements of refuge roads; “(B) maintenance and improvements of eligible projects described in paragraphs (2), (5), and (6) of subsection (h) that are located in or adjacent to wildlife refuges; and “(C) administrative costs associated with such maintenance and improvements. (2) Contracts.— In carrying out paragraph (1), the Secretary and the Secretary of the Interior, as appropriate, may enter into contracts with a State or civil subdivision of a State or Indian tribe as is determined advisable. (3) Compliance with other law.— Funds made available for refuge roads shall be used only for projects that are in compliance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.).”.