23 U.S.C. 202, Chapter 2 Other Highways

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[Laws in effect as of January 3, 2007]
[CITE: 23USC202]

TITLE 23--HIGHWAYS

CHAPTER 2--OTHER HIGHWAYS

Sec. 202. Allocations

(a) Allocation Based on Need.--
(1) In general.--On October 1 of each fiscal year, the Secretary
shall allocate sums authorized to be appropriated for the fiscal
year for forest development roads and trails according to the
relative needs of the various national forests and grasslands.
(2) Planning.--The allocation under paragraph (1) shall be
consistent with the renewable resource and land use planning for the
various national forests.

(b) Allocation for Public Lands Highways.--
(1) Public lands highways.--
(A) In general.--On October 1 of each fiscal year, the
Secretary shall allocate 34 percent of the sums authorized to be
appropriated for that 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 the States, respectively, as determined
by the Secretary, on application of the State transportation
departments of the respective States.
(B) Preference.--In making the allocation under subparagraph
(A), the Secretary shall give preference to those projects that
are significantly impacted by Federal land and resource
management activities that are proposed by a State that contains
at least 3 percent of the total public land in the United
States.

(2) Forest highways.--
(A) In general.--On October 1 of each fiscal year, the
Secretary shall allocate 66 percent of the funds authorized to
be appropriated for public lands highways for forest highways in
accordance with section 134 of the Federal-Aid Highway Act of
1987 (23 U.S.C. 202 note; 101 Stat. 173).
(B) Public access to and within national forest system.--In
making the allocation under subparagraph (A), 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--
(i) renewable resource and land use planning; and
(ii) assessments of the impact of that planning on
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.

(E) Transferred funds.--
(i) In general.--Not later than 30 days after the date
on which funds are made available to the Secretary of the
Interior under this paragraph, the funds shall be
distributed to, and available for immediate use by, the
eligible Indian tribes, in accordance with the formula for
distribution of funds under the Indian reservation roads
program.
(ii) Use of funds.--Notwithstanding any other provision
of this section, funds available to Indian tribes for Indian
reservation roads shall be expended on projects identified
in a transportation improvement program approved by the
Secretary.

(F) Administrative expenses.--
(i) In general.--Of the funds authorized to be
appropriated for Indian reservation roads, $20,000,000 for
fiscal year 2006, $22,000,000 for fiscal year 2007,
$24,500,000 for fiscal year 2008, and $27,000,000 for fiscal
year 2009 may be used by the Secretary of the Interior for
program management and oversight and project-related
administrative expenses.
(ii) Health and safety assurances.--Notwithstanding any
other provision of law, an Indian tribal government may
approve plans, specifications, and estimates and commence
road and bridge construction with funds made available for
Indian reservation roads under the Transportation Equity Act
for the 21st Century (Public Law 105-178) and SAFETEA-LU
through a contract or agreement under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b
et seq.) \1\ if the Indian tribal government--
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(I) provides assurances in the contract or agreement
that the construction will meet or exceed applicable
health and safety standards;
(II) obtains the advance review of the plans and
specifications from a State-licensed civil engineer that
has certified that the plans and specifications meet or
exceed the applicable health and safety standards; and
(III) provides a copy of the certification under
subclause (I) to the Deputy Assistant Secretary for
Tribal Government Affairs or the Assistant Secretary for
Indian Affairs, as appropriate.

(G) National tribal transportation facility inventory.--
(i) In general.--Not later than 2 years after the date
of enactment of the SAFETEA-LU, the Secretary, in
cooperation with the Secretary of the Interior, shall
complete a comprehensive national inventory of
transportation facilities that are eligible for assistance
under the Indian reservation roads program.
(ii) Transportation facilities included in the
inventory.--For purposes of identifying the tribal
transportation system and determining the relative
transportation needs among Indian tribes, the Secretary
shall include, at a minimum, transportation facilities that
are eligible for assistance under the Indian reservation
roads program that a tribe has requested, including
facilities that--
(I) were included in the Bureau of Indian Affairs
system inventory for funding formula purposes in 1992 or
any subsequent fiscal year;
(II) were constructed or reconstructed with funds
from the Highway Trust Funds (other than the Mass
Transit Account) under the Indian reservation roads
program since 1983;
(III) are owned by an Indian tribal government; or
(IV) are community streets or bridges within the
exterior boundary of Indian reservations, Alaska Native
villages, and other recognized Indian communities
(including communities in former Indian reservations in
Oklahoma) in which the majority of residents are
American Indians or Alaska Natives; or
(V) are primary access routes proposed by tribal
governments, including roads between villages, roads to
landfills, roads to drinking water sources, roads to
natural resources identified for economic development,
and roads that provide access to intermodal termini,
such as airports, harbors, or boat landings.

(iii) Limitation on primary access routes.--For purposes
of this subparagraph, a proposed primary access route is the
shortest practicable route connecting 2 points of the
proposed route.
(iv) Additional facilities.--Nothing in this
subparagraph shall preclude the Secretary from including
additional transportation facilities that are eligible for
funding under the Indian reservation roads program in the
inventory used for the national funding allocation if such
additional facilities are included in the inventory in a
uniform and consistent manner nationally.
(v) Report to congress.--Not later than 90 days after
the date of completion of the inventory under this
subparagraph, the Secretary shall prepare and submit a
report to Congress that includes the data gathered and the
results of the inventory.

(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 chapter
and section 125(e) 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) Funding.--
(i) Authorization of appropriations.--In addition to any
other funds made available for Indian reservation roads for
each fiscal year, there is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) $14,000,000 for each of fiscal years 2005 through
2009 to carry out planning, design, engineering,
preconstruction, construction, and inspection of 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.
(ii) Availability.--Funds made available to carry out
this subparagraph shall be available for obligation in the
same manner as if such funds were apportioned under chapter
1.

(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 structurally deficient or functionally
obsolete; and
(iv) be recorded in the national bridge inventory
administered by the Secretary under subsection (b).

(D) Approval requirement.--
(i) In general.--Subject to clause (ii), on request by
an Indian tribe or the Secretary of the Interior, the
Secretary may make funds available under this subsection for
preliminary engineering for Indian reservation road bridge
projects.
(ii) Construction and construction engineering.--The
Secretary may make funds available under clause (i) for
construction and construction engineering after approval of
applicable plans, specifications, and estimates in
accordance with this title.

(5) 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 to an Indian tribal
government under this chapter for a highway, road, bridge,
parkway, or transit facility program or project that is located
on an Indian reservation or provides access to the reservation
or a community of the Indian tribe shall be made available, on
the request of the Indian tribal government, to the Indian
tribal government for use in carrying out, in accordance with
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), contracts and agreements for the planning,
research, design, engineering, construction, and maintenance
relating to the program or project.
(B) Exclusion of agency participation.--In accordance with
subparagraph (A), all funds for a program or project to which
subparagraph (A) applies shall be paid to the Indian tribal
government without regard to the organizational level at which
the Department of the Interior has previously carried out, or
the Department of Transportation has previously carried out
under the Federal lands highway programs, the programs,
functions, services, or activities involved.
(C) Consortia.--Two or more Indian tribes that are otherwise
eligible to participate in a program or project to which this
chapter applies may form a consortium to be considered as a
single Indian tribe for the purpose of participating in the
project under this section.
(D) Secretary as signatory.--Notwithstanding any other
provision of law, the Secretary is authorized to enter into a
funding agreement with an Indian tribal government to carry out
a highway, road, bridge, parkway, or transit program or project
under subparagraph (A) that is located on an Indian reservation
or provides access to the reservation or a community of the
Indian tribe.
(E) Funding.--The amount an Indian tribal government
receives for a program or project under subparagraph (A) shall
equal the sum of the funding that the Indian tribal government
would otherwise receive for the program or project in accordance
with the funding formula established under this subsection and
such additional amounts as the Secretary determines equal the
amounts that would have been withheld for the costs of the
Bureau of Indian Affairs for administration of the program or
project.
(F) Eligibility.--
(i) In general.--Subject to clause (ii), funds may be
made available under subparagraph (A) to an Indian tribal
government for a program or project in a fiscal year only if
the Indian tribal government requesting such funds
demonstrates to the satisfaction of the Secretary financial
stability and financial management capability during the 3
fiscal years immediately preceding the fiscal year for which
the request is being made.
(ii) Criteria for determining financial stability and
financial management capability.--An Indian tribal
government that had no uncorrected significant and material
audit exceptions in the required annual audit of the Indian
tribal government self-determination contracts or self-
governance funding agreements with any Federal agency during
the 3-fiscal year period referred in clause (i) shall be
conclusive evidence of the financial stability and financial
management capability for purposes of clause (i).

(G) Assumption of functions and duties.--An Indian tribal
government receiving funding under subparagraph (A) for a
program or project shall assume all functions and duties that
the Secretary of the Interior would have performed with respect
to a program or project under this chapter, other than those
functions and duties that inherently cannot be legally
transferred under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b et seq.).\1\
(H) Powers.--An Indian tribal government receiving funding
under subparagraph (A) for a program or project shall have all
powers that the Secretary of the Interior would have exercised
in administering the funds transferred to the Indian tribal
government for such program or project under this section if the
funds had not been transferred, except to the extent that such
powers are powers that inherently cannot be legally transferred
under the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b et seq.).\1\
(I) Dispute resolution.--In the event of a disagreement
between the Secretary or the Secretary of the Interior and an
Indian tribe over whether a particular function, duty, or power
may be lawfully transferred under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b et seq.),\1\ the
Indian tribe shall have the right to pursue all alternative
dispute resolutions and appeal procedures authorized by such
Act, including regulations issued to carry out such Act.
(J) Termination of contract or agreement.--On the date of
the termination of a contract or agreement under this section by
an Indian tribal government, the Secretary shall transfer all
funds that would have been allocated to the Indian tribal
government under the contract or agreement to the Secretary of
the Interior to provide continued transportation services in
accordance with applicable law.

(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.

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 94-280, title I,
Sec. 133, May 5, 1976, 90 Stat. 441; Pub. L. 97-424, title I,
Sec. 126(a), Jan. 6, 1983, 96 Stat. 2113; Pub. L. 102-240, title I,
Sec. 1032(a), Dec. 18, 1991, 105 Stat. 1974; Pub. L. 105-178, title I,
Secs. 1115(b), (e)(2), (f)(2), 1212(a)(2)(A)(ii), June 9, 1998, 112
Stat. 154, 158, 193; Pub. L. 105-206, title IX, Sec. 9002(i), July 22,
1998, 112 Stat. 836; Pub. L. 109-59, title I, Sec. 1119(c)-(g), Aug. 10,
2005, 119 Stat. 1182-1185.)

References in Text

Section 134 of the Federal-Aid Highway Act of 1987, referred to in
subsec. (b)(2)(A), is section 134 of Pub. L. 100-17, which is set out
below.
The Transportation Equity Act for the 21st Century, referred to in
subsec. (d)(2)(F)(ii), is Pub. L. 105-178, June 9, 1998, 112 Stat. 107,
as amended. For complete classification of this Act to the Code, see
section 1(a) of Pub. L. 105-178, set out as a Short Title of 1998
Amendment note under section 101 of this title and Tables.
The SAFETEA-LU, referred to in subsec. (d)(2)(F)(ii), (G)(i), is
Pub. L. 109-59, Aug. 10, 2005, 119 Stat. 1144, also known as the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users. For complete classification of this Act to the Code, see Short
Title of 2005 Amendments note set out under section 101 of this title
and Tables.
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (d)(2)(F)(ii), (3)(A), (5)(A), (G)-(I), is Pub. L. 93-638,
Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally
to subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25, Indians.
For complete classification of this Act to the Code, see Short Title
note set out under section 450 of Title 25 and Tables.

Amendments

2005--Subsec. (a). Pub. L. 109-59, Sec. 1119(c)(1), inserted subsec.
heading, substituted par. (1) for ``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.'', inserted par. (2)
designation and heading, and substituted ``The allocation under
paragraph (1)'' for ``Such allocation''.
Subsec. (b). Pub. L. 109-59, Sec. 1119(d), added subsec. (b) and
struck out former subsec. (b) which read as follows: ``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.''
Subsec. (d)(2)(E). Pub. L. 109-59, Sec. 1119(c)(2)(A), added subpar.
(E).
Subsec. (d)(2)(F). Pub. L. 109-59, Sec. 1119(e), added subpar. (F).
Subsec. (d)(2)(G). Pub. L. 109-59, Sec. 1119(f), added subpar. (G).
Subsec. (d)(3)(A). Pub. L. 109-59, Sec. 1119(c)(2)(B), substituted
``under this chapter and section 125(e)'' for ``under this title''.
Subsec. (d)(4)(B). Pub. L. 109-59, Sec. 1119(g)(1), substituted
``Funding'' for ``Reservation'' in heading, designated existing
provisions as cl. (i), inserted heading, substituted ``In addition to
any other funds made available for Indian reservation roads for each
fiscal year, there is authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) $14,000,000 for each of
fiscal years 2005 through 2009 to carry out planning, design,
engineering, preconstruction, construction, and inspection of projects
to replace,'' for ``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,'', and added cl. (ii).
Subsec. (d)(4)(C)(iii). Pub. L. 109-59, Sec. 1119(g)(2), added cl.
(iii) and struck out former cl. (iii) which read as follows: ``be unsafe
because of structural deficiencies, physical deterioration, or
functional obsolescence; and''.
Subsec. (d)(4)(D). Pub. L. 109-59, Sec. 1119(g)(3), added subpar.
(D) and struck out heading and text of former subpar. (D). Text read as
follows: ``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.''
Subsec. (d)(5). Pub. L. 109-59, Sec. 1119(g)(4), added par. (5).
1998--Subsec. (b). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii),
substituted ``State transportation departments'' for ``State highway
departments''.
Subsec. (d). Pub. L. 105-178, Sec. 1115(b), inserted subsec.
heading, designated existing provisions as par. (1), inserted par.
heading, realigned margins, inserted ``ending before October 1, 1999''
after ``each fiscal year'', and added pars. (2) to (4).
Subsec. (d)(4)(B). Pub. L. 105-178, Sec. 1115(f)(2), as added by
Pub. L. 105-206, Sec. 9002(i), substituted ``, sodium acetate/formate,
or other environmentally acceptable, minimally corrosive anti-icing and
de-icing compositions'' for ``to, apply sodium acetate/formate de-icer
to,''.
Subsec. (e). Pub. L. 105-178, Sec. 1115(e)(2), added subsec. (e).
1991--Subsec. (a). Pub. L. 102-240, Sec. 1032(a)(1), (2),
redesignated subsec. (b) as (a) and struck out former subsec. (a) which
read as follows: ``On October 1 of each fiscal year, the Secretary shall
allocate the sums authorized to be appropriated for such fiscal year for
forest highways according to the relative needs of the various elements
of the national forest system as determined by the Secretary, taking
into consideration the need for access as identified by the Secretary of
Agriculture through renewable resource and land use planning, and the
impact of such planning on existing transportation facilities.''
Subsec. (b). Pub. L. 102-240, Sec. 1032(a)(2)-(4), redesignated
subsec. (c) as (b), inserted ``34 percent of'' after ``allocate'', and
substituted for period at end ``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.'' Former subsec. (b)
redesignated (a).
Subsecs. (c) to (e). Pub. L. 102-240, Sec. 1032(a)(2), redesignated
subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c)
redesignated (b).
1983--Subsec. (a). Pub. L. 97-424 substituted provisions relating to
allocation of sums authorized to be appropriated by the Secretary for
provisions relating to apportionment of sums authorized to be
appropriated by the Secretary.
Subsec. (b). Pub. L. 97-424 substituted provisions requiring
allocation of sums on October 1 of each fiscal year to be consistent
with renewable resource and land use planning for provisions requiring
allocation of sums to take into consideration existing transportation
facilities, value of resources served, fire danger, and road and trail
construction difficulties.
Subsec. (c). Pub. L. 97-424 inserted provisions requiring allocation
of sums on October 1 of each fiscal year, and substituted provisions
requiring preferences to be given to projects impacted by Federal land
and resource management for provisions requiring preferences to be given
to projects located on a Federal-aid system.
Subsecs. (d), (e). Pub. L. 97-424 added subsecs. (d) and (e).
1976--Subsec. (a). Pub. L. 94-280 substituted introductory ``On
October 1 of each fiscal year'' for ``On or before January 1 next
preceding the commencement of each fiscal year''.

Effective Date of 1998 Amendment

Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of this title.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable
to funds authorized to be appropriated or made available after Sept. 30,
1991, and, with certain exceptions, not applicable to funds appropriated
or made available on or before Sept. 30, 1991, see section 1100 of Pub.
L. 102-240, set out as a note under section 104 of this title.

Additional Authorization of Contract Authority for States With Indian
Reservations

Pub. L. 105-178, title I, Sec. 1214(d), June 9, 1998, 112 Stat. 205,
as amended by Pub. L. 109-59, title I, Sec. 1806, Aug. 10, 2005, 119
Stat. 1460, provided that:
``(1) Availability to states.--Not later than October 1 of each
fiscal year, funds made available under paragraph (5) for the fiscal
year shall be made available by the Secretary, in equal amounts, to each
State that has within the boundaries of the State all or part of an
Indian reservation having a land area of 10,000,000 acres or more.
``(2) Availability to eligible counties.--
``(A) In general.--Each fiscal year, each county that is located
in a State to which funds are made available under paragraph (1),
and that has in the county a public road described in subparagraph
(B), shall be eligible to apply to the State for all or a portion of
the funds made available to the State under this subsection to be
used by the county to maintain such roads.
``(B) Roads.--A public road referred to in subparagraph (A) is a
public road that--
``(i) is within, adjacent to, or provides access to an
Indian reservation described in paragraph (1);
``(ii) is used by a school bus to transport children to or
from a school or Headstart program carried out under the Head
Start Act (42 U.S.C. 9831 et seq.); and
``(iii) is maintained by the county in which the public road
is located.
``(C) Allocation among eligible counties.--
``(i) In general.--Except as provided in clause (ii), each
State that receives funds under paragraph (1) shall provide
directly to each county that applies for funds the amount that
the county requests in the application.
``(ii) Allocation among eligible counties.--If the total
amount of funds applied for under this subsection by eligible
counties in a State exceeds the amount of funds available to the
State, the State shall equitably allocate the funds among the
eligible counties that apply for funds.
``(3) Supplementary funding.--For each fiscal year, the Secretary
shall ensure that funding made available under this subsection
supplements (and does not supplant)--
``(A) any obligation of funds by the Bureau of Indian Affairs
for road maintenance programs on Indian reservations; and
``(B) any funding provided by a State to a county for road
maintenance programs in the county.
``(4) Use of unallocated funds.--Any portion of the funds made
available to a State under this subsection that is not made available to
counties within 1 year after the funds are made available to the State
shall be apportioned among the States in accordance with section 104(b)
of title 23, United States Code.
``(5) Funding.--
``(A) In general.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $1,800,000 for each of fiscal years 2005
through 2009.
``(B) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23, United States Code.''

Indian Reservation Roads

Section 1032(d) of Pub. L. 102-240 provided that: ``Notwithstanding
any other provision of law, funds allocated for Indian reservation roads
may be used for the purpose of funding road projects on roads of
tribally controlled postsecondary vocational institutions.''
Pub. L. 102-240, title I, Sec. 1042, Dec. 18, 1991, 105 Stat. 1993,
directed Secretary of Transportation to conduct a study on funding needs
for Indian reservation roads and to report to Congress on results of the
study not later than one year after Dec. 18, 1991, prior to repeal by
Pub. L. 105-362, title XV, Sec. 1501(c), Nov. 10, 1998, 112 Stat. 3294.

Study and Report on Method of Allocating Funds

Section 1032(e) of Pub. L. 102-240 provided that: ``The Secretary
shall undertake a study to determine if the method for allocating funds
authorized for Federal lands highways is adequate to meet the relative
transportation needs of the Federal lands served. The report shall be
submitted within 2 years of the date of the enactment of this Act [Dec.
18, 1991].''

Forest Highways

Pub. L. 100-17, title I, Sec. 134, Apr. 2, 1987, 101 Stat. 173, as
amended by Pub. L. 100-202, Sec. 101(l) [title III, Sec. 348(a)], Dec.
22, 1987, 101 Stat. 1329-358, 1329-388, provided that: ``Notwithstanding
section 202(a) of title 23, United States Code, the Secretary shall,
after making the transfer provided by section 204(g) of such title, as
soon as practicable after the date of the enactment of this Act [Apr. 2,
1987] in fiscal year 1987 and on October 1 of each of fiscal years 1988,
1989, 1990, and 1991, allocate 66 percent of the remainder of the
authorization for forest highways provided for such fiscal year by this
Act [see Short Title of 1987 Amendment note set out under section 101 of
this title] in the same percentage as the amounts allocated for
expenditure in each State and the Commonwealth of Puerto Rico from funds
authorized for forest highways for the fiscal year ending June 30, 1958,
adjusted (1) to eliminate the 0.003243547 percent for the State of Iowa
to the State by deed executed May 26, 1964, and (2) to redistribute the
percentage formerly apportioned to the State of Iowa to other
participating States on a proportional basis. The remaining funds
authorized to be appropriated for forest highways for such fiscal year
shall be allocated pursuant to section 202(a) of such title.''