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U.S. Code as of:
01/19/04
Section 202. Allocations
(a) On October 1 of each fiscal year, the Secretary shall
allocate the sums authorized to be appropriated for such fiscal
year for forest development roads and trails according to the
relative needs of the various national forests. Such allocation
shall be consistent with the renewable resource and land use
planning for the various national forests.
(b) On October 1 of each fiscal year, the Secretary shall
allocate 34 percent of the sums authorized to be appropriated for
such 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 such
States, respectively, as determined by the Secretary upon
application of the State transportation departments of the
respective States. The Secretary shall give preference to those
projects which are significantly impacted by Federal land and
resource management activities which are proposed by a State which
contains at least 3 percent of the total public lands in the
Nation. The Secretary shall allocate 66 percent of the remainder of
the authorization for public lands highways for each fiscal year as
is provided in section 134 of the Federal-Aid Highway Act of 1987,
and with respect to these allocations 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 renewable resources and land use planning and
the impact of such planning on existing 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.
(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. -
(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, 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.
(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.
(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.
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