National Congress of
American Indians
November 2000
Indian Reservation Roads
During the 106th Congress, legislation to remove the obligation limit from the Indian Reservation Roads (IRR) program under TEA-21did not pass, nor were efforts to secure additional resources to offset this obligation limit through the appropriations process successful. Therefore, the IRR program is currently funded at $13 million less than the $275 million authorized under federal law.
The FY2001 Transportation Appropriations Act, which was signed into law on October 23 as P.L. 106-346, provides approximately $262 million for the IRR program. Under the Act, $275 million, plus an additional $25 million in federal gas tax receipts, is provided for to IRR program. However, $34 million from IRR is diverted back to the federal government under the "obligation limit" for use by the states for high-priority transportation projects and an additional $4 million is set aside for administrative expenses. Unfortunately, efforts by Senators Domenici (R-NM), Campbell (R-CO), and Bingaman (D-NM) to restore this $34 million cut through a separate appropriation failed during conference committee negotiations.This failure to fully fund the IRR program, despite significant advocacy efforts by tribal governments, the Administration, and Congressional supporters, underscores the need to enact legislation such as the Indian Surface Transportation Act, S. 2283.
On July 26, 2000, the Senate Indian Affairs Committee approved S. 2283, which would: remove the obligation limit under TEA-21 that currently prevents the Indian Reservation Roads (IRR) program from being fully funded; authorize a pilot project for tribes to enter into self-determination contracts or compacts directly with the Federal Highway Administration; clarify that the BIA may retain a maximum of six percent of IRR funding for both program administration and project-related activities; require that administrative funds withheld by the BIA be made available to tribes in accordance with the Indian Self-Determination and Education Assistance Act; and clarify that tribes can meet health and safety requirements by agreeing to meet or exceed statutory standards and by providing certification to that effect.
S. 2283 hit a major roadblock in the Senate when a hold was placed on the bill by a Senator who wanted it to be considered by the Commerce, Science, and Transportation Committee before coming to the floor. Because this Senator's concerns were not resolved, this critical bill was not debated by the Senate prior to adjournment.In the 107th Congress, it will be important for tribal leaders to mount a concerted and aggressive effort to enact legislation such as the Indian Surface Transportation Act to restore full funding to the IRR program.
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