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Code · BILL · 113th Congress · H.R. 4834 (Introduced in House) — To authorize highway infrastructure and safety, transit, motor carrier, rail, and other surface transportation progra... · Sec. 2006

Sec. 2006. Tribal high priority projects program and tribal transportation program amendments

1,247 words·~6 min read·/bill/113/hr/4834/ih/section-2006

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Section 202 of title 23, United States Code, is amended as follows: In subsection (a)(1)— in subparagraph (A), by striking the final semicolon and inserting ; and ; in subparagraph (B), by striking ; and and inserting a period; and by striking subparagraph (C). In subsection (b)(3)(A)(i), by striking and subsections (c), (d), and
(e)and inserting and subsections (a)(6), (c), (d), (e), and
(g). In subsection (c)(1), by striking 2 percent and inserting 3 percent . In subsection (d)(2), by striking 2 percent and inserting 4 percent . Inserting after subsection
(f)the following: Before making any distribution under subsection (b), the Secretary shall set aside not more than 7 percent of the funds made available for the Tribal transportation program for that fiscal year to carry out this subsection. Applicants eligible for program funds under this subsection include— an Indian tribe whose annual allocation of funding under subsection
(b)is insufficient to complete the highest priority project of the Indian tribe; a governmental subdivision of an Indian tribe— that is authorized to administer the funding of the Indian tribe under this section; and for which the annual allocation under subsection
(b)is insufficient to complete the highest priority project of the Indian tribe; or any Indian tribe or governmental subdivision of an Indian tribe that has an emergency or disaster with respect to a transportation facility included on the national inventory of Tribal transportation facilities under subsection (b)(1). To be funded under this subsection, a project— shall be on a Tribal transportation facility that is included in the national inventory of Tribal transportation facilities under subsection (b)(1); and except as specified in paragraph (4), shall be an activity eligible under— subsection (a)(1); or the emergency relief program, authorized under section 125 of this title, but that does not meet the funding thresholds under part 668 of title 23, Code of Federal Regulations. Funds under this subsection shall not be used for— transportation planning; research; routine maintenance activities; structures and erosion protection unrelated to transportation and roadways; general reservation planning not involving transportation; landscaping and irrigation systems not involving a transportation program or project; work performed on a project that is not included on a transportation improvement program approved by the Federal Highway Administration, unless otherwise authorized by the Secretary of the Interior and the Secretary; the purchase of equipment, unless otherwise authorized by Federal law; or the condemnation of land for recreational trails. To apply for funds under this subsection, an eligible applicant shall submit to the Department of the Interior or the Department of Transportation an application that includes— project scope of work, including deliverables, budget, and timeline; the amount of funds requested; project information addressing— the ranking criteria identified in subparagraph (C); or the nature of the emergency or disaster; documentation that the project meets the definition of a Tribal transportation facility and is included in the national inventory of Tribal transportation facilities under subsection (b)(1); documentation of official Tribal action requesting the project; documentation from the Indian tribe providing authority for the Secretary of the Interior to place the project on a transportation improvement program if the project is selected and approved; and any other information the Secretary of the Interior or Secretary considers appropriate to make a determination. An applicant for funds under the program may only have one application for assistance under this subsection pending at any one time, including any emergency or disaster project application under paragraph (6). The Secretary of the Interior and the Secretary shall determine the eligibility of, and fund, program applications, subject to the availability of funds. The project ranking criteria for applications under this subsection shall include— the existence of safety hazards with documented fatality and injury crashes; the number of years since the Indian tribe last completed a construction project funded by the Indian Reservation Roads program (as in effect the day before the date of enactment of MAP–21) or the tribal transportation program under section 202 of title 23, United States Code; the readiness of the Indian tribe to proceed to construction or bridge design need; the percentage of project costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches); the amount of funds requested, with requests for lesser amounts given greater priority; the challenges caused by geographic isolation; and all-weather access for employment, commerce, health, safety, educational resources, or housing. The project scoring matrix established in subpart I of part 170 of title 25, Code of Federal Regulations (as in effect on July 19, 2004), shall be used to rank all applications accepted under this subsection. The Secretary of the Interior and the Secretary shall jointly produce a funding priority list that ranks the projects approved for funding under the program. The number of projects on the list shall be limited by the amount of funding set aside for this subsection. The Secretary of the Interior and the Secretary shall— establish deadlines for applications; notify all applicants and Regions in writing of acceptance of applications; rank all accepted applications in accordance with the project scoring matrix, develop the funding priority list, and return unaccepted applications to the applicant with an explanation of deficiencies; notify all accepted applicants of the projects included on the funding priority list; and distribute funds to successful applicants. Notwithstanding paragraph (5)(E), an eligible applicant may submit an emergency or disaster project application at any time. The Secretary of the Interior and the Secretary shall— consider project applications submitted under this paragraph to be a priority project under this subsection; and fund the project applications in accordance with subparagraph (C). If an eligible applicant submits an application for a project under this paragraph before the issuance of the list under paragraph (5)(D) and the project is determined to be eligible for program funds, the Secretary of the Interior and the Secretary shall provide funding for the project before providing funding for other approved projects on the list. If an eligible applicant submits an application under this subsection after the issuance of the list under paragraph (5)(D) and the distribution of program funds in accordance with the list, the Secretary of the Interior and the Secretary shall provide funding for the project on the date on which unobligated funds provided to projects on the list are returned to the respective Department. If the Secretary of the Interior and the Secretary use funding previously designated for a project on the list under paragraph (5)(D) to fund an emergency or disaster project under this paragraph, the project on the list that did not receive funding as a result of the redesignation of funds shall move to the top of the list the following year. The cost of a project submitted as an emergency or disaster under this paragraph shall equal at least 10 percent of the distribution of funds of the Indian tribe under subsection (b). Project funding shall be limited to a maximum of $1,500,000 per application, except that funding for disaster or emergency projects shall also be limited to the estimated cost of repairing damage to the Tribal transportation facility. All cost estimates prepared for a project shall be required to be submitted by the applicant to the Secretary of the Interior or the Secretary for certification and approval. . Section 1123 of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) is repealed.
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  • Pub. L. 112-141
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Sec. 2006
Tribal high priority projects program and tribal transportation program amendments
Pub. L.Pub. L. 112-141
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