Sec. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM
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## SEC. 1123 TRIBAL HIGH PRIORITY PROJECTS PROGRAM **[**[23 U.S.C. 202 note](/us/usc/t23/s202)**]** ###
(a)Definitions In this section: ####
(1)Emergency or disaster The term “emergency or disaster” means damage to a tribal transportation facility that— #####
(A)renders the tribal transportation facility impassable or unusable; #####
(B)is caused by— ######
(i)a natural disaster over a widespread area; or ######
(ii)a catastrophic failure from an external cause; and #####
(C)would be eligible under the emergency relief program under section 125 of title 23, United States Code, but does not meet the funding thresholds required by that section. ####
(2)List The term “list” means the funding priority list developed under subsection (c)(5). ####
(3)Program The term “program” means the Tribal High Priority Projects program established under subsection (b)(1). ####
(4)Project The term “project” means a project provided funds under the program. ###
(b)Program ####
(1)In general The Secretary shall use amounts made available under subsection
(h)to carry out a Tribal High Priority Projects program under which funds shall be provided to eligible applicants in accordance with this section. ####
(2)Eligible applicants Applicants eligible for program funds under this section include— #####
(A)an Indian tribe whose annual allocation of funding under section 202 of title 23, United States Code, is insufficient to complete the highest priority project of the Indian tribe; #####
(B)a governmental subdivision of an Indian tribe— ######
(i)that is authorized to administer the funding of the Indian tribe under section 202 of title 23, United States Code; and ######
(ii)for which the annual allocation under that section is insufficient to complete the highest priority project of the Indian tribe; or #####
(C)any Indian tribe that has an emergency or disaster with respect to a transportation facility included on the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code. ###
(c)Project Applications; Funding ####
(1)In general To apply for funds under this section, an eligible applicant shall submit to the Department of the Interior or the Department an application that includes— #####
(A)project scope of work, including deliverables, budget, and timeline; #####
(B)the amount of funds requested; #####
(C)project information addressing— ######
(i)the ranking criteria identified in paragraph (3); or ######
(ii)the nature of the emergency or disaster; #####
(D)documentation that the project meets the definition of a tribal transportation facility and is included in the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code; #####
(E)documentation of official tribal action requesting the project; #####
(F)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 #####
(G)any other information the Secretary of the Interior or Secretary considers appropriate to make a determination. ####
(2)Limitation on applications An applicant for funds under the program may only have 1 application for assistance under this section pending at any 1 time, including any emergency or disaster application. ####
(3)Application ranking #####
(A)In general The Secretary of the Interior and the Secretary shall determine the eligibility of, and fund, program applications, subject to the availability of funds. #####
(B)Ranking criteria The project ranking criteria for applications under this section shall include— ######
(i)the existence of safety hazards with documented fatality and injury accidents; ######
(ii)the number of years since the Indian tribe last completed a construction project funded by section 202 of title 23, United States Code; ######
(iii)the readiness of the Indian tribe to proceed to construction or bridge design need; ######
(iv)the percentage of project costs matched by funds that are not provided under section 202 of title 23, United States Code, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches); ######
(v)the amount of funds requested, with requests for lesser amounts given greater priority; ######
(vi)the challenges caused by geographic isolation; and ######
(vii)all weather access for employment, commerce, health, safety, educational resources, or housing. ####
(4)Project scoring matrix The project scoring matrix established in the appendix to part 170 of title 25, Code of Regulations (as in effect on the date of enactment of this Act) shall be used to rank all applications accepted under this section. ####
(5)Funding priority list #####
(A)In general 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. #####
(B)Limitation The number of projects on the list shall be limited by the amount of funding made available. ####
(6)Timeline The Secretary of the Interior and the Secretary shall— #####
(A)require applications for funding no sooner than 60 days after funding is made available pursuant to subsection (a); #####
(B)notify all applicants and Regions in writing of acceptance of applications; #####
(C)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; #####
(D)notify all accepted applicants of the projects included on the funding priority list no later than 180 days after the application deadline has passed pursuant to subparagraph (A); and #####
(E)distribute funds to successful applicants. ###
(d)Emergency or Disaster Project Applications ####
(1)In general Notwithstanding subsection (c)(6), an eligible applicant may submit an emergency or disaster project application at any time during the fiscal year. ####
(2)Consideration as priority The Secretary shall— #####
(A)consider project applications submitted under paragraph
(1)to be a priority; and #####
(B)fund the project applications in accordance with paragraph (3). ####
(3)Funding #####
(A)In general If an eligible applicant submits an application for a project under this subsection before the issuance of the list under subsection (c)(5) and the project is determined to be eligible for program funds, the Secretary of the Interior shall provide funding for the project before providing funding for other approved projects on the list. #####
(B)Submission after issuance of list If an eligible applicant submits an application under this subsection after the issuance of the list under subsection (c)(5) and the distribution of program funds in accordance with the list, the Secretary of the Interior shall provide funding for the project on the date on which unobligated funds provided to projects on the list are returned to the Department of the Interior. #####
(C)Effect on other projects If the Secretary of the Interior uses funding previously designated for a project on the list to fund an emergency or disaster project under this subsection, 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. ####
(4)Emergency or disaster project cost The cost of a project submitted as an emergency or disaster under this subsection shall be at least 10 percent of the distribution of funds of the Indian tribe under section 202(b) of title 23, United States Code. ###
(e)Limitation on Use of Funds Program funds shall not be used for— ####
(1)transportation planning; ####
(2)research; ####
(3)routine maintenance activities; ####
(4)structures and erosion protection unrelated to transportation and roadways; ####
(5)general reservation planning not involving transportation; ####
(6)landscaping and irrigation systems not involving transportation programs and projects; ####
(7)work performed on projects that are 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; ####
(8)the purchase of equipment unless otherwise authorized by Federal law; or ####
(9)the condemnation of land for recreational trails. ###
(f)Limitation on Project Amounts Project funding shall be limited to a maximum of $1,000,000 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. ###
(g)Cost Estimate Certification All cost estimates prepared for a project shall be required to be submitted by the applicant to the Secretary of the Interior and the Secretary for certification and approval. ###
(h)Funding ####
(1)Set-aside For each of fiscal years 2022 through 2026, of the amounts made available to carry out the tribal transportation program under section 202 of title 23, United States Code, for that fiscal year, the Secretary shall use $9,000,000 to carry out the program. ####
(2)Authorization of appropriations In addition to amounts made available under paragraph (1), there is authorized to be appropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2022 through 2026. ####
(3)Administration The funds made available under paragraphs
(1)and
(2)shall be administered in the same manner as funds made available for the tribal transportation program under section 202 of title 23, United States Code, except that— #####
(A)the funds made available for the program shall remain available until September 30 of the third fiscal year after the year appropriated; and #####
(B)the Federal share of the cost of a project shall be 100 percent. ## Subtitle B Performance Management
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Sec. 1123
TRIBAL HIGH PRIORITY PROJECTS PROGRAM
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