23 U.S.C. § 202 : US Code - Section 202: Allocations

Search 23 U.S.C. § 202 : US Code - Section 202: Allocations

(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) shall be
consistent with the renewable resource and land use planning for
the various national forests.
(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.
(c) On October 1 of each fiscal year, the Secretary shall
allocate the sums authorized to be appropriated for such fiscal
year for park roads and parkways each according to the relative
needs of the various elements of the national park system, taking
into consideration the need for access as identified through land
use planning and the impact of such planning on existing
transportation facilities.
(d) Indian Reservation Roads. -
(1) For fiscal years ending before october 1, 1999. - On
October 1 of each fiscal year ending before October 1, 1999, the
Secretary shall allocate the sums authorized to be appropriated
for such fiscal year for Indian reservation roads according to
the relative needs of the various reservations as jointly
identified by the Secretary and the Secretary of the Interior.
(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 year 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 rulemaking committee. - In establishing a
negotiated rulemaking 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.
(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.
(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.) (!1) if the Indian tribal government -
(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.
(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 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.
(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 chapter
and section 125(e) 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. -
(A) Nationwide priority program. - The Secretary shall
establish a nationwide priority program for improving deficient
Indian reservation road bridges.
(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,
rehabilitate, seismically retrofit, paint, apply calcium
magnesium acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing
and de-icing compositions or install scour countermeasures
for deficient Indian reservation road bridges, including
multiple-pipe culverts.
(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.
(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 structurally deficient or functionally obsolete;
and
(iv) be recorded in the national bridge inventory
administered by the Secretary under subsection (b).
(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.
(5) 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 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 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.).(!1)
(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.).(!1)
(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.),(!1) 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.
(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.