THE NATIONAL CONGRESS OF
AMERICAN INDIANS
RESOLUTION # JUN-00-048

Title: In Full Support of Recommended Amendments to the Transportation Equity Act for the 21^st Century (P.L. 105-178) For the Indian Reservation Roads Program.

 

WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the welfare of the Indian people, do hereby establish and submit the following resolution; and

WHEREAS, the National Congress of American Indians (NCAI) is the oldest and largest national organization established in 1944 and comprised of representatives of and advocates for national, regional, and local Tribal concerns; and

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of NCAI; and,

WHEREAS, the Congress of the United States enacts legislation which appropriates and distributes funding for the planning, design, actual construction and maintenance of the Indian Reservation Roads (IRR) & Bridge program and other tribal transportation needs; and,

WHEREAS, the Intermodal Surface Transportation Equity Act of 1991 (ISTEA) was replaced in 1998 by the Transportation Equity for the 21^st Century (TEA21) which continues to limit the full recognition to Tribal governments as Sovereigns, requires the development of a new funding distribution formula developed in a negotiated rulemaking process and sets forth complex legal criteria that continues to benefit States and the Federal bureaucracy; and

WHEREAS, the TEA21 further implements detrimental policy and statutory restrictions such as the annual withholding of the Obligation Ceiling limitation, Section 1102(f), which since 1998 has reduced the Indian Reservation Roads (IRR) national budget by over $90.6 million; and

WHEREAS, an estimated $8.2 billion construction backlog for the IRR continues to serve as a detriment to tribal social and economic diversity, tribal jurisdiction, and ultimately tribal sovereignty; and

WHEREAS, the President’s FY2001 budget requested that full funding be restored to the IRR program and further requested an additional $117 million be provided; and

WHEREAS, on May 27, 1999, Senator Voinovich introduced in the Senate of the United States the Surface Transportation Act of 1999, Senate Bill 1144, to provide increased flexibility in use of highway funding and for other purposes, has been referred to the Senate Committee on Environment & Public Works and placed on Senate Legislative Calendar under General Orders, Calendar No. 425; and

WHEREAS, on February 24, 2000, Senators Domenici, Bingaman, Baucus and Daschle introduced Senate bill 2093 to restore full obligation authority for the IRR program through an amendment to the TEA21; and

WHEREAS, on March 23, 2000, Senators Campbell, Inouye, and Johnson, introduced Senate bill 2283, entitled the Indian Tribal Surface Transportation Act of 2000, which proposes to: 1.) restore full obligation authority for the IRR program, 2.) to establish a Pilot Program for direct full funding that includes exclusion of agency participation, 3.) clarifies that not to exceed 6% of the contract authority amounts shall be used to pay administrative expenses for related projects and that such funds shall be made available for tribal governments pursuant to 638 contracting, and, 4.) clarifies that tribal governments can meet statutory requirements to assure public health and safety by agreeing to meet or exceed proper health and safety standards, obtained certification of plans & specifications by a licensed professional, and by provided certification to the BIA, through amendments to the TEA21.

NOW THEREFORE BE IT RESOLVED, that NCAI does hereby fully support Senate bill 2093 and Senate bill 2283, which proposes to restore full funding to the IRR program by amendment of TEA21, Section 1102; and

BE IT FURTHER RESOLVED, that NCAI does hereby respectfully request the U.S. Congress to consider enactment of those additional amendments regarding a Federal Lands Highway Program demonstration project, clarification of the BIA administrative 6%, and, health and safety assurances; and

BE IT FINALLY RESOLVED, that NCAI does hereby respectfully urge the U.S. Congress to consider an appropriate increase allocation of an annual $117 million to the IRR program for FY2001-2003.

The foregoing resolution was adopted at the 2000 Mid-Year Session of the National Congress of American Indians, held at the Centennial Hall in Juneau, Alaska on June 25-28, 2000 with a quorum present.

_____________________________

Susan Masten, President

Juana Majel, Recording Secretary

Adopted by the General Assembly during the 2000 Mid-Year Session of the National Congress of American Indians, held at the Centennial Hall in Juneau, Alaska on June 25-28, 2000.