FEDERAL LANDS HIGHWAYS.

SEC. 1119. FEDERAL LANDS HIGHWAYS.(a) Federal Share Payable.—(1) In general.—Section 120(k) of title 23, United States Code, is amended—(A) by striking “Federal-aid highway”; and119 STAT. 1182(B) by striking “section 104” and inserting “this title or chapter 53 of title 49”.(2) Technical references.—Section 120(l) of such title is amended by striking “section 104” and inserting “this title or chapter 53 of title 49”.(b) Payments to Federal Agencies for Federal-Aid Projects.—Section 132 of such title is amended—(1) by striking the first two sentences and inserting the following:“(a) In General.—In a case in which a proposed Federal-aid project is to be undertaken by a Federal agency in accordance with an agreement between a State and the Federal agency, the State may—“(1) direct the Secretary to transfer the funds for the Federal share of the project directly to the Federal agency; or“(2) make such deposit with, or payment to, the Federal agency as is required to meet the obligation of the State under the agreement for the work undertaken or to be undertaken by the Federal agency.“(b) Reimbursement.—On execution with a State of a project agreement described in subsection (a), the Secretary may reimburse the State, using any available funds, for the estimated Federal share under this title of the obligation of the State deposited or paid under subsection (a)(2).”; and(2) in the last sentence by striking “Any sums” and inserting the following:“(c) Recovery and Crediting of Funds.—Any sums”.(c) Allocations.—Section 202 of such title is amended—(1) in subsection (a) by striking “(a) On October 1” and all that follows through “Such allocation” and inserting the following:“(a) Allocation Based on Need.—“(1) In general.—On October 1 of each fiscal year, the Secretary shall allocate sums authorized to be appropriated for the fiscal year for forest development roads and trails according to the relative needs of the various national forests and grasslands.“(2) Planning.—The allocation under paragraph (1)”;(2) in subsection (d)(2)—(A) by adding at the end the following:“(E) Transferred funds.—“(i) In general.—Not later than 30 days after the date on which funds are made available to the Secretary of the Interior under this paragraph, the funds shall be distributed to, and available for immediate use by, the eligible Indian tribes, in accordance with the formula for distribution of funds under the Indian reservation roads program.“(ii) Use of funds.—Notwithstanding any other provision of this section, funds available to Indian tribes for Indian reservation roads shall be expended on projects identified in a transportation improvement program approved by the Secretary.”; and(B) in subsection (d)(3)(A) by striking “under this title” and inserting “under this chapter and section 125(e)”.119 STAT. 1183(d) Federal Lands Highways Program.—Section 202 of such title is amended by striking subsection (b) and inserting the following:“(b) Allocation for Public Lands Highways.—“(1) Public lands highways.—“(A) In general.—On October 1 of each fiscal year, the Secretary shall allocate 34 percent of the sums authorized to be appropriated for that fiscal year for public lands highways among those States having unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations, on the basis of need in the States, respectively, as determined by the Secretary, on application of the State transportation departments of the respective States.“(B) Preference.—In making the allocation under subparagraph (A), the Secretary shall give preference to those projects that are significantly impacted by Federal land and resource management activities that are proposed by a State that contains at least 3 percent of the total public land in the United States.“(2) Forest highways.—“(A) In general.—On October 1 of each fiscal year, the Secretary shall allocate 66 percent of the funds authorized to be appropriated for public lands highways for forest highways in accordance with section 134 of the Federal-Aid Highway Act of 1987 (23 U.S.C. 202 note; 101 Stat. 173).“(B) Public access to and within national forest system.—In making the allocation under subparagraph (A), the Secretary shall give equal consideration to projects that provide access to and within the National Forest System, as identified by the Secretary of Agriculture through—“(i) renewable resource and land use planning; and“(ii) assessments of the impact of that planning on transportation facilities.”.(e) BIA Administrative Expenses.—Section 202(d)(2) of such title (as amended by subsection (c)(2) of this section) is amended by adding at the end the following:“(F) Administrative expenses.—“(i) In general.—Of the funds authorized to be appropriated for Indian reservation roads, $20,000,000 for fiscal year 2006, $22,000,000 for fiscal year 2007, $24,500,000 for fiscal year 2008, and $27,000,000 for fiscal year 2009 may be used by the Secretary of the Interior for program management and oversight and project-related administrative expenses.“(ii) Health and safety assurances.—Notwithstanding any other provision of law, an Indian tribal government may approve plans, specifications, and estimates and commence road and bridge construction with funds made available for Indian reservation roads under the Transportation Equity Act for the 21st Century (Public Law 105–178) and SAFETEA–LU through a contract or agreement under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.) if the Indian tribal government—119 STAT. 1184“(I) provides assurances in the contract or agreement that the construction will meet or exceed applicable health and safety standards;“(II) obtains the advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed the applicable health and safety standards; and“(III) provides a copy of the certification under subclause (I) to the Deputy Assistant Secretary for Tribal Government Affairs or the Assistant Secretary for Indian Affairs, as appropriate.”.(f) National Tribal Transportation Facility Inventory.—Section 202(d)(2) of such title (as amended by subsection (e)) is amended by adding at the end the following:“(G) National tribal transportation facility inventory.—“(i) In general.—Not later than 2 years after the date of enactment of the SAFETEA–LU, the Secretary, in cooperation with the Secretary of the Interior, shall complete a comprehensive national inventory of transportation facilities that are eligible for assistance under the Indian reservation roads program.“(ii) Transportation facilities included in the inventory.—For purposes of identifying the tribal transportation system and determining the relative transportation needs among Indian tribes, the Secretary shall include, at a minimum, transportation facilities that are eligible for assistance under the Indian reservation roads program that a tribe has requested, including facilities that—“(I) were included in the Bureau of Indian Affairs system inventory for funding formula purposes in 1992 or any subsequent fiscal year;“(II) were constructed or reconstructed with funds from the Highway Trust Funds (other than the Mass Transit Account) under the Indian reservation roads program since 1983;“(III) are owned by an Indian tribal government; or“(IV) are community streets or bridges within the exterior boundary of Indian reservations, Alaska Native villages, and other recognized Indian communities (including communities in former Indian reservations in Oklahoma) in which the majority of residents are American Indians or Alaska Natives; or“(V) are primary access routes proposed by tribal governments, including roads between villages, roads to landfills, roads to drinking water sources, roads to natural resources identified for economic development, and roads that provide access to intermodal termini, such as airports, harbors, or boat landings.“(iii) Limitation on primary access routes.—For purposes of this subparagraph, a proposed primary 119 STAT. 1185 access route is the shortest practicable route connecting 2 points of the proposed route.“(iv) Additional facilities.—Nothing in this subparagraph shall preclude the Secretary from including additional transportation facilities that are eligible for funding under the Indian reservation roads program in the inventory used for the national funding allocation if such additional facilities are included in the inventory in a uniform and consistent manner nationally.“(v) Report to congress.—Not later than 90 days after the date of completion of the inventory under this subparagraph, the Secretary shall prepare and submit a report to Congress that includes the data gathered and the results of the inventory.”.(g) Indian Reservation Road Bridges.—Section 202(d)(4) of such title is amended—(1) in subparagraph (B)—(A) by striking “(B) Reservation.—Of the amounts” and all that follows through “to replace,” and inserting the following:“(B) Funding.—“(i) Authorization of appropriations.—In addition to any other funds made available for Indian reservation roads for each fiscal year, there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $14,000,000 for each of fiscal years 2005 through 2009 to carry out planning, design, engineering, preconstruction, construction, and inspection of projects to replace,”; and(B) by adding at the end the following:“(ii) Availability.—Funds made available to carry out this subparagraph shall be available for obligation in the same manner as if such funds were apportioned under chapter 1.”;(2) in subparagraph (C) by striking clause (iii) and inserting the following:“(iii) be structurally deficient or functionally obsolete; and”; and(3) by striking subparagraph (D) and inserting the following:“(D) Approval requirement.—“(i) In general.—Subject to clause (ii), on request by an Indian tribe or the Secretary of the Interior, the Secretary may make funds available under this subsection for preliminary engineering for Indian reservation road bridge projects.“(ii) Construction and construction engineering.—The Secretary may make funds available under clause (i) for construction and construction engineering after approval of applicable plans, specifications, and estimates in accordance with this title.”.(4) Contracts and agreements with indian tribes.—Section 202(d) of such title is amended by adding at the end the following:“(5) Contracts and agreements with indian tribes.—119 STAT. 1186“(A) In general.—Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available to an Indian tribal government under this chapter for a highway, road, bridge, parkway, or transit facility program or project that is located on an Indian reservation or provides access to the reservation or a community of the Indian tribe shall be made available, on the request of the Indian tribal government, to the Indian tribal government for use in carrying out, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), contracts and agreements for the planning, research, design, engineering, construction, and maintenance relating to the program or project.“(B) Exclusion of agency participation.—In accordance with subparagraph (A), all funds for a program or project to which subparagraph (A) applies shall be paid to the Indian tribal government without regard to the organizational level at which the Department of the Interior has previously carried out, or the Department of Transportation has previously carried out under the Federal lands highway programs, the programs, functions, services, or activities involved.“(C) Consortia.—Two or more Indian tribes that are otherwise eligible to participate in a program or project to which this chapter applies may form a consortium to be considered as a single Indian tribe for the purpose of participating in the project under this section.“(D) Secretary as signatory.—Notwithstanding any other provision of law, the Secretary is authorized to enter into a funding agreement with an Indian tribal government to carry out a highway, road, bridge, parkway, or transit program or project under subparagraph (A) that is located on an Indian reservation or provides access to the reservation or a community of the Indian tribe.“(E) Funding.—The amount an Indian tribal government receives for a program or project under subparagraph (A) shall equal the sum of the funding that the Indian tribal government would otherwise receive for the program or project in accordance with the funding formula established under this subsection and such additional amounts as the Secretary determines equal the amounts that would have been withheld for the costs of the Bureau of Indian Affairs for administration of the program or project.“(F) Eligibility.—“(i) In general.—Subject to clause (ii), funds may be made available under subparagraph (A) to an Indian tribal government for a program or project in a fiscal year only if the Indian tribal government requesting such funds demonstrates to the satisfaction of the Secretary financial stability and financial management capability during the 3 fiscal years immediately preceding the fiscal year for which the request is being made.“(ii) Criteria for determining financial stability and financial management capability.—An Indian tribal government that had no uncorrected 119 STAT. 1187 significant and material audit exceptions in the required annual audit of the Indian tribal government self-determination contracts or self-governance funding agreements with any Federal agency during the 3-fiscal year period referred in clause (i) shall be conclusive evidence of the financial stability and financial management capability for purposes of clause (i).“(G) Assumption of functions and duties.—An Indian tribal government receiving funding under subparagraph (A) for a program or project shall assume all functions and duties that the Secretary of the Interior would have performed with respect to a program or project under this chapter, other than those functions and duties that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.).“(H) Powers.—An Indian tribal government receiving funding under subparagraph (A) for a program or project shall have all powers that the Secretary of the Interior would have exercised in administering the funds transferred to the Indian tribal government for such program or project under this section if the funds had not been transferred, except to the extent that such powers are powers that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.).“(I) Dispute resolution.—In the event of a disagreement between the Secretary or the Secretary of the Interior and an Indian tribe over whether a particular function, duty, or power may be lawfully transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.), the Indian tribe shall have the right to pursue all alternative dispute resolutions and appeal procedures authorized by such Act, including regulations issued to carry out such Act.“(J) Termination of contract or agreement.—On the date of the termination of a contract or agreement under this section by an Indian tribal government, the Secretary shall transfer all funds that would have been allocated to the Indian tribal government under the contract or agreement to the Secretary of the Interior to provide continued transportation services in accordance with applicable law.”. (h) Planning and Agency Coordination.—Section 204 of such title is amended—(1) in subsection (a)(1) by inserting “refuge roads,” after “parkways,”; and(2) by striking subsection (b) and inserting the following:“(b) Use of Funds.—“(1) In general.—Funds made 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 the cost of—“(A) transportation planning, research, and engineering and construction of, highways, roads, parkways, and transit 119 STAT. 1188 facilities located on public lands, national parks, and Indian reservations; and“(B) operation and maintenance of transit facilities located on public lands, national parks, and Indian reservations.“(2) Contract.—In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to such activity with—“(A) a State (including a political subdivision of a State); or“(B) an Indian tribe.“(3) Indian reservation roads.—In the case of an Indian reservation road—“(A) Indian labor may be employed, in accordance with such rules and regulations as may be promulgated by the Secretary of the Interior, to carry out any construction or other activity described in paragraph (1); and“(B) funds made available to carry out this section may be used to pay bridge preconstruction costs (including planning, design, and engineering).“(4) Federal employment.—No maximum limitation on Federal employment shall be applicable to construction or improvement of Indian reservation roads.“(5) Availability of funds.—Funds made available under this section for each class of Federal lands highways shall be available for any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, the areas served by the particular class of Federal lands highways.“(6) Reservation of funds.—The Secretary of the Interior may reserve funds from administrative funds of the Bureau of Indian Affairs that are associated with the Indian reservation roads program to finance Indian technical centers under section 504(b).”.(i) Maintenance of Indian Reservation Roads.—Section 204(c) of such title is amended by striking the second and third sentences and inserting the following: “Notwithstanding any other provision of this title, of the amount of funds allocated for Indian reservation roads from the Highway Trust Fund, not more than 25 percent of the funds allocated to an Indian tribe may be expended for the purpose of maintenance, excluding road sealing which shall not be subject to any limitation. The Bureau of Indian Affairs shall continue to retain primary responsibility, including annual funding request responsibility, for road maintenance programs on Indian reservations. The Secretary shall ensure that funding made available under this subsection for maintenance of Indian reservation roads for each fiscal year is supplementary to and not in lieu of any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations.”.(j) Refuge Roads.—Section 204(k)(1) of such title is amended—(1) in subparagraph (B)—(A) by striking “(2), (5),” and inserting “(2), (3), (5),”; and(B) by striking “and” after the semicolon;119 STAT. 1189(2) in subparagraph (C) by striking the period at the end and inserting a semicolon; and(3) by adding at the end the following:“(D) the non-Federal share of the cost of any project funded under this title or chapter 53 of title 49 that provides access to or within a wildlife refuge; and“(E) maintenance and improvement of recreational trails; except that expenditures on trails under this subparagraph shall not exceed 5 percent of available funds for each fiscal year.”.(k) Tribal-State Road Maintenance Agreements.—Section 204 of such title is amended by adding at the end the following:“(l) Tribal-State Road Maintenance Agreements.—“(1) In general.—An Indian tribe and a State may enter into a road maintenance agreement under which an Indian tribe assumes the responsibilities of the State for—“(A) Indian reservation roads; and“(B) roads providing access to Indian reservation roads.“(2) Tribal-state agreements.—Agreements entered into under paragraph (1)—“(A) shall be negotiated between the State and the Indian tribe; and“(B) shall not require the approval of the Secretary.“(3) Annual report.—Effective beginning with fiscal year 2005, the Secretary shall prepare and submit to Congress an annual report that identifies—“(A) the Indian tribes and States that have entered into agreements under paragraph (1);“(B) the number of miles of roads for which Indian tribes have assumed maintenance responsibilities; and“(C) the amount of funding transferred to Indian tribes for the fiscal year under agreements entered into under paragraph (1).”.(l) Deputy Assistant Secretary of Transportation for Tribal Government Affairs.—Section 102 of title 49, United States Code, is amended—(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and(2) by inserting after subsection (e) the following:“(f) Deputy Assistant Secretary for Tribal Government Affairs.—“(1) Establishment.—In accordance with Federal policies promoting Indian self determination, the Department of Transportation shall have, within the office of the Secretary, a Deputy Assistant Secretary for Tribal Government Affairs appointed by the President to plan, coordinate, and implement the Department of Transportation policy and programs serving Indian tribes and tribal organizations and to coordinate tribal transportation programs and activities in all offices and administrations of the Department and to be a participant in any negotiated rulemaking relating to, or having an impact on, projects, programs, or funding associated with the tribal transportation program.“(2) Reservation of trust obligations.—“(A) Responsibility of secretary.—In carrying out this title, the Secretary shall be responsible to exercise the trust obligations of the United States to Indians and 119 STAT. 1190 Indian tribes to ensure that the rights of a tribe or individual Indian are protected.“(B) Preservation of united states responsibility.—Nothing in this title shall absolve the United States from any responsibility to Indians and Indian tribes, including responsibilities derived from the trust relationship and any treaty, executive order, or agreement between the United States and an Indian tribe.”.(m) Forest Highways.—Of the amounts made available for public lands highways under section 1101—(1) not to exceed $20,000,000 per fiscal year may be used for the maintenance of forest highways;(2) not to exceed $1,000,000 per fiscal year may be used for signage identifying public hunting and fishing access; and(3) not to exceed $10,000,000 per fiscal year shall be used by the Secretary of Agriculture to pay the costs of facilitating the passage of aquatic species beneath roads in the National Forest System, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate.(n) Wildlife Vehicle Collision Reduction Study.—(1) In general.—The Secretary shall conduct a study of methods to reduce collisions between motor vehicles and wildlife (in this subsection referred to as “wildlife vehicle collisions”).(2) Contents.—(A) Areas of study.—The study shall include an assessment of the causes and impacts of wildlife vehicle collisions and solutions and best practices for reducing such collisions.(B) Methods for conducting the study.—In carrying out the study, the Secretary shall—(i) conduct a thorough literature review; and(ii) survey current practices of the Department of Transportation.(3) Consultation.—In carrying out the study, the Secretary shall consult with appropriate experts in the field of wildlife vehicle collisions.(4) Report.—(A) In general.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study.(B) Contents.—The report shall include a description of each of the following:(i) Causes of wildlife vehicle collisions.(ii) Impacts of wildlife vehicle collisions.(iii) Solutions to and prevention of wildlife vehicle collisions.(5) Manual.—(A) Development.—Based upon the results of the study, the Secretary shall develop a best practices manual to support State efforts to reduce wildlife vehicle collisions.(B) Availability.—The manual shall be made available to States not later than 1 year after the date of transmission of the report under paragraph (4).(C) Contents.—The manual shall include, at a minimum, the following:(i) A list of best practices addressing wildlife vehicle collisions.119 STAT. 1191(ii) A list of information, technical, and funding resources for addressing wildlife vehicle collisions.(iii) Recommendations for addressing wildlife vehicle collisions.(iv) Guidance for developing a State action plan to address wildlife vehicle collisions.(6) Training.—Based upon the manual developed under paragraph (5), the Secretary shall develop a training course on addressing wildlife vehicle collisions for transportation professionals.(o) Limitation on Applicability.—The requirements of the January 4, 2005, Federal Highway Administration, a final rule on the implementation of the Uniform Relocation Assistance and Real Property Acquisition policy Act of 1970 (42 U.S.C. 4601 et seq.) shall not apply to the voluntary conservation easement activities of the Department of Agriculture or the Department of the Interior.