THE NATIONAL CONGRESS OF
AMERICAN INDIANS
RESOLUTION # JUN-00-049

Title: In FULL Support of Increased Fiscal Year 2001 Interior Appropriations for the Indian Reservation Roads Program accumulated Deferred Maintenance.

 

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 Indian Reservation Roads (IRR) program is jointly administered by the Federal Highway Administration – Federal Lands Highway Office and the Bureau of Indian Affairs, generally consisting of construction and maintenance of road and bridge systems; and,

WHEREAS, the IRR Maintenance program is current subject to the FY 1995 Department of the Interior and Related Agencies Appropriations Act (Public Law 103-332) which transferred the road maintenance funds from the "Other Recurring Programs" account to the "Tribal Priority Allocation" account; and

WHEREAS, the P.L. 103-332 and Conference Report 103-740 determined that the BIA prepare a federal register notice with a proposal for allocating the funds to tribal bases and address how priorities for these funds, in accordance with federal Highway Trust Fund (HTF) requirements, will be maintained after distribution to the tribes; and

WHEREAS, the BIA provided a proposed allocation for maintenance funding pursuant to Federal Register notice dated December 19, 1996, which has not been implemented, and maintenance funding continues to be distributed in an outdated Indian Priority System of 1988 that does not meet the intent of the P.L. 103-332; and

WHEREAS, the BIA is statutorily mandated, as a condition for the continuance of federal HTF for road construction improvements, to develop, adopt, and enforce road maintenance and safety standards as required in 23 U.S.C. Sections 116, 204a), and 402; and

WHEREAS, the 23 U.S.C, Section 204 determined that up to 15% of HTF may be used for road sealing purposes, although the estimated $8.2 billion backlog of construction projects has not realistically allowed the use of these dollars for maintenance purposes; and

WHEREAS, the BIA’s share of Interior appropriations has dramatically and severely been systematically reduced over the last thirty years, continues to remain at an underfunded level, and unfairly subjects IRR maintenance needs in a priority distribution method that does not protect the investment of Highway Trust Funds; and

WHEREAS, the BIA’s equipment for maintenance functions is severely outdated, dilapidated, and seriously needs replacement to adequately serve the transportation needs of Indian Country; and

WHEREAS, the BIA is directly responsible for proper maintenance utilizing Department of Interior appropriated funds to protect the public investment, to reduce the accumulated deferred maintenance of the IRR system, and for providing a fiduciary trust to tribal governments.

NOW THEREFORE BE IT RESOLVED, the BIA – Division of Transportation establishes a distribution formula that meets the road maintenance needs of tribal governments; and

BE IT FINALLY RESOLVED, that NCAI actively advocate for increased Interior appropriations based upon actual road maintenance needs for proper and responsible maintenance of the IRR program.

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.