Signed Legislation: Surface Transportation Reauthorization and Reform Act of 2015 (VI)

Read part I of  Surface Transportation Reauthorization and Reform Act of 2015

SEC. 1111. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.

(a) In General- Title 23, United States Code, is amended by inserting after section 116 the following:

`Sec. 117. Nationally significant freight and highway projects

`(a) Establishment- There is established a nationally significant freight and highway projects program to provide financial assistance for projects of national or regional significance that will--

`(1) improve the safety, efficiency, and reliability of the movement of freight and people;

`(2) generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;

`(3) reduce highway congestion and bottlenecks;

`(4) improve connectivity between modes of freight transportation; or

`(5) enhance the resiliency of critical highway infrastructure, including highway infrastructure that supports national energy security.

`(b) Grant Authority- In carrying out the program established in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section.

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(c) Eligible Applicants-

`(1) IN GENERAL- The Secretary may make a grant under this section to the following:

`(A) A State or group of States.

`(B) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals.

`(C) A unit of local government.

`(D) A special purpose district or public authority with a transportation function, including a port authority.

`(E) A Federal land management agency that applies jointly with a State or group of States.

`(2) APPLICATIONS- To be eligible for a grant under this section, an entity specified in paragraph (1) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate.

`(d) Eligible Projects-

`(1) IN GENERAL- Except as provided in subsection (h), the Secretary may make a grant under this section only for a project that--

`(A) is--

`(i) a freight project carried out on the National Highway Freight Network established under section 167 of this title;

`(ii) a highway or bridge project carried out on the National Highway System, including--

`(I) a project to add capacity to the Interstate System to improve mobility; and

`(II) a project in a national scenic area;

`(iii) an intermodal or rail freight project carried out on the National Multimodal Freight Network established under section 70103 of title 49; or

`(iv) a railway-highway grade crossing or grade separation project; and

`(B) has eligible project costs that are reasonably anticipated to equal or exceed the lesser of--

`(i) $100,000,000; or

`(ii) in the case of a project--

`(I) located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or

`(II) located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State with the largest apportionment under this chapter in the most recently completed fiscal year.

`(2) LIMITATION-

`(A) IN GENERAL- Not more than $500,000,000 of the amounts made available for grants under this section for fiscal years 2016 through 2021, in the aggregate, may be used to make grants for projects described in paragraph (1)(A)(iii) and such a project may only receive a grant under this section if--

`(i) the project will make a significant improvement to freight movements on the National Highway Freight Network; and

`(ii) the Federal share of the project funds only elements of the project that provide public benefits.

`(B) EXCLUSIONS- The limitation under subparagraph (A) shall--

`(i) not apply to a railway-highway grade crossing or grade separation project; and

`(ii) with respect to a multimodal project, shall apply only to the non-highway portion or portions of the project.

`(e) Eligible Project Costs- Grant amounts received for a project under this section may be used for--

`(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and

`(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements.

`(f) Project Requirements- The Secretary may make a grant for a project described under subsection (d) only if the relevant applicant demonstrates that--

`(1) the project will generate national or regional economic, mobility, or safety benefits;

`(2) the project will be cost effective;

`(3) the project will contribute to the accomplishment of 1 or more of the national goals described under section 150 of this title;

`(4) the project is based on the results of preliminary engineering;

`(5) with respect to related non-Federal financial commitments--

`(A) 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and

`(B) contingency amounts are available to cover unanticipated cost increases;

`(6) the project cannot be easily addressed using other funding available to the project sponsor under this chapter; and

`(7) the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.

`(g) Additional Considerations- In making a grant under this section, the Secretary shall consider--

`(1) the extent to which a project utilizes nontraditional financing, innovative design and construction techniques, or innovative technologies;

`(2) the amount and source of non-Federal contributions with respect to the proposed project; and

`(3) the need for geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities.

`(h) Reserved Amounts-

`(1) IN GENERAL- The Secretary shall reserve not less than 10 percent of the amounts made available for grants under this section each fiscal year to make grants for projects described in subsection (d)(1)(A) that do not satisfy the minimum threshold under subsection (d)(1)(B).

`(2) GRANT AMOUNT- Each grant made under this subsection shall be in an amount that is at least $5,000,000.

`(3) PROJECT SELECTION CONSIDERATIONS- In addition to other applicable requirements, in making grants under this subsection the Secretary shall consider--

`(A) the cost effectiveness of the proposed project; and

`(B) the effect of the proposed project on mobility in the State and region in which the project is carried out.

`(4) EXCESS FUNDING- In any fiscal year in which qualified applications for grants under this subsection will not allow for the amount reserved under paragraph (1) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under this section.

`(5) RURAL AREAS- The Secretary shall reserve not less than 20 percent of the amounts made available for grants under this section, including the amounts made available under paragraph (1), each fiscal year to make grants for projects located in rural areas.

`(i) Federal Share-

`(1) IN GENERAL- The Federal share of the cost of a project assisted with a grant under this section may not exceed 50 percent.

`(2) NON-FEDERAL SHARE- Funds apportioned to a State under section 104(b)(1) or 104(b)(2) may be used to satisfy the non-Federal share of the cost of a project for which a grant is made under this section so long as the total amount of Federal funding for the project does not exceed 80 percent of project costs.

`(j) Agreements To Combine Amounts- Two or more entities specified in subsection (c)(1) may combine, pursuant to an agreement entered into by the entities, any part of the amounts provided to the entities from grants under this section for a project for which the relevant grants were made if--

`(1) the agreement will benefit each entity entering into the agreement; and

`(2) the agreement is not in violation of a law of any such entity.

`(k) Treatment of Freight Projects- Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project is located on a Federal-aid highway.

`(l) TIFIA Program- At the request of an eligible applicant under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.

`(m) Congressional Notification-

`(1) NOTIFICATION- At least 60 days before making a grant for a project under this section, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the proposed grant. The notification shall include an evaluation and justification for the project and the amount of the proposed grant award.

`(2) CONGRESSIONAL DISAPPROVAL- The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).

`(n) Facilitating Commercial Waterborne Transportation- Notwithstanding any other provision of law, or rights granted thereunder, and provided that the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met, a property owner may develop, construct, operate, and maintain pier, wharf, or other such load-out structures on that property and on or above adjacent beds of the navigable waters of the United States to facilitate the commercial waterborne transportation of domestic aggregate that may supply an eligible project under this section, including salt, sand, and gravel, from reserves located within ten miles of the property.'.

(b) Clerical Amendment- The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 116 the following:

`117. Nationally significant freight and highway projects.'.

(c) Repeal- Section 1301 of SAFETEA-LU (23 U.S.C. 101 note), and the item relating to that section in the table of contents in section 1(b) of such Act, are repealed.

SEC. 1112. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

Section 165(a) of title 23, United States Code, is amended--

(1) in paragraph (1) by striking `$150,000,000' and inserting `$158,000,000'; and

(2) in paragraph (2) by striking `$40,000,000' and inserting `$42,000,000'.

SEC. 1113. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAM.

Section 201(c)(6) of title 23, United States Code, is amended by adding at the end the following:

`(C) TRIBAL DATA COLLECTION- In addition to the data to be collected under subparagraph (A), not later than 90 days after the last day of each fiscal year, any entity carrying out a project under the tribal transportation program under section 202 shall submit to the Secretary and the Secretary of the Interior, based on obligations and expenditures under the tribal transportation program during the preceding fiscal year, the following data:

`(i) The names of projects and activities carried out by the entity under the tribal transportation program during the preceding fiscal year.

`(ii) A description of the projects and activities identified under clause (i).

`(iii) The current status of the projects and activities identified under clause (i).

`(iv) An estimate of the number of jobs created and the number of jobs retained by the projects and activities identified under clause (i).'.

SEC. 1114. TRIBAL TRANSPORTATION PROGRAM.

Section 202(a)(6) of title 23, United States Code, is amended by striking `6 percent' and inserting `5 percent'.

SEC. 1115. FEDERAL LANDS TRANSPORTATION PROGRAM.

Section 203 of title 23, United States Code, is amended--

(1) in subsection (a)(1)(B) by striking `operation' and inserting `capital, operations,';

(2) in subsection (b)--

(A) in paragraph (1)(B)--

(i) in clause (iv) by striking `and' at the end;

(ii) in clause (v) by striking the period at the end and inserting a semicolon; and

(iii) by adding at the end the following:

`(vi) the Bureau of Reclamation; and

`(vii) independent Federal agencies with natural resource and land management responsibilities.'; and

(B) in paragraph (2)(B)--

(i) in the matter preceding clause (i) by inserting `performance management, including' after `support'; and

(ii) in clause (i)(II) by striking `, and' and inserting `; and'; and

(3) in subsection (c)(2)(B) by adding at the end the following:

`(vi) The Bureau of Reclamation.'.

SEC. 1116. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.

(a) In General- Chapter 2 of title 23, United States Code, is amended by inserting after section 206 the following:

`Sec. 207. Tribal transportation self-governance program

`(a) Establishment- Subject to the requirements of this section, the Secretary shall establish and carry out a program to be known as the tribal transportation self-governance program. The Secretary may delegate responsibilities for administration of the program as the Secretary determines appropriate.

`(b) Eligibility-

`(1) IN GENERAL- Subject to paragraphs (2) and (3), an Indian tribe shall be eligible to participate in the program if the Indian tribe requests participation in the program by resolution or other official action by the governing body of the Indian tribe, and demonstrates, for the preceding 3 fiscal years, financial stability and financial management capability, and transportation program management capability.

`(2) CRITERIA FOR DETERMINING FINANCIAL STABILITY AND FINANCIAL MANAGEMENT CAPACITY- For the purposes of paragraph (1), evidence that, during the preceding 3 fiscal years, an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe's self-determination contracts or self-governance funding agreements with any Federal agency shall be conclusive evidence of the required financial stability and financial management capability.

`(3) CRITERIA FOR DETERMINING TRANSPORTATION PROGRAM MANAGEMENT CAPABILITY- The Secretary shall require an Indian tribe to demonstrate transportation program management capability, including the capability to manage and complete projects eligible under this title and projects eligible under chapter 53 of title 49, to gain eligibility for the program.

`(c) Compacts-

`(1) COMPACT REQUIRED- Upon the request of an eligible Indian tribe, and subject to the requirements of this section, the Secretary shall negotiate and enter into a written compact with the Indian tribe for the purpose of providing for the participation of the Indian tribe in the program.

`(2) CONTENTS- A compact entered into under paragraph (1) shall set forth the general terms of the government-to-government relationship between the Indian tribe and the United States under the program and other terms that will continue to apply in future fiscal years.

`(3) AMENDMENTS- A compact entered into with an Indian tribe under paragraph (1) may be amended only by mutual agreement of the Indian tribe and the Secretary.

`(d) Annual Funding Agreements-

`(1) FUNDING AGREEMENT REQUIRED- After entering into a compact with an Indian tribe under subsection (c), the Secretary shall negotiate and enter into a written annual funding agreement with the Indian tribe.

`(2) CONTENTS-

`(A) IN GENERAL-

`(i) FORMULA FUNDING AND DISCRETIONARY GRANTS- A funding agreement entered into with an Indian tribe shall authorize the Indian tribe, as determined by the Indian tribe, to plan, conduct, consolidate, administer, and receive full tribal share funding, tribal transit formula funding, and funding to tribes from discretionary and competitive grants administered by the Department for all programs, services, functions, and activities (or portions thereof) that are made available to Indian tribes to carry out tribal transportation programs and programs, services, functions, and activities (or portions thereof) administered by the Secretary that are otherwise available to Indian tribes.

`(ii) TRANSFERS OF STATE FUNDS-

`(I) INCLUSION OF TRANSFERRED FUNDS IN FUNDING AGREEMENT- A funding agreement entered into with an Indian tribe shall include Federal-aid funds apportioned to a State under chapter 1 if the State elects to provide a portion of such funds to the Indian tribe for a project eligible under section 202(a).

`(II) METHOD FOR TRANSFERS- If a State elects to provide funds described in subclause (I) to an Indian tribe, the State shall transfer the funds back to the Secretary and the Secretary shall transfer the funds to the Indian tribe in accordance with this section.

`(III) RESPONSIBILITY FOR TRANSFERRED FUNDS- Notwithstanding any other provision of law, if a State provides funds described in subclause (I) to an Indian tribe--

`(aa) the State shall not be responsible for constructing or maintaining a project carried out using the funds or for administering or supervising the project or funds during the applicable statute of limitations period related to the construction of the project; and

`(bb) the Indian tribe shall be responsible for constructing and maintaining a project carried out using the funds and for administering and supervising the project and funds in accordance with this section during the applicable statute of limitations period related to the construction of the project.

`(B) ADMINISTRATION OF TRIBAL SHARES- The tribal shares referred to in subparagraph (A) shall be provided without regard to the agency or office of the Department within which the program, service, function, or activity (or portion thereof) is performed.

`(C) FLEXIBLE AND INNOVATIVE FINANCING-

`(i) IN GENERAL- A funding agreement entered into with an Indian tribe under paragraph (1) shall include provisions pertaining to flexible and innovative financing if agreed upon by the parties.

`(ii) TERMS AND CONDITIONS-

`(I) AUTHORITY TO ISSUE REGULATIONS- The Secretary may issue regulations to establish the terms and conditions relating to the flexible and innovative financing provisions referred to in clause (i).

`(II) TERMS AND CONDITIONS IN ABSENCE OF REGULATIONS- If the Secretary does not issue regulations under subclause (I), the terms and conditions relating to the flexible and innovative financing provisions referred to in clause (i) shall be consistent with--

`(aa) agreements entered into by the Department under--

`(AA) section 202(b)(7); and

`(BB) section 202(d)(5), as in effect before the date of enactment of MAP-21 (Public Law 112-141); or

`(bb) regulations of the Department of the Interior relating to flexible financing contained in part 170 of title 25, Code of Federal Regulations, as in effect on the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015.

`(3) TERMS- A funding agreement shall set forth--

`(A) terms that generally identify the programs, services, functions, and activities (or portions thereof) to be performed or administered by the Indian tribe; and

`(B) for items identified in subparagraph (A)--

`(i) the general budget category assigned;

`(ii) the funds to be provided, including those funds to be provided on a recurring basis;

`(iii) the time and method of transfer of the funds;

`(iv) the responsibilities of the Secretary and the Indian tribe; and

`(v) any other provision agreed to by the Indian tribe and the Secretary.

`(4) SUBSEQUENT FUNDING AGREEMENTS-

`(A) APPLICABILITY OF EXISTING AGREEMENT- Absent notification from an Indian tribe that the Indian tribe is withdrawing from or retroceding the operation of 1 or more programs, services, functions, or activities (or portions thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement shall remain in full force and effect until a subsequent funding agreement is executed.

`(B) EFFECTIVE DATE OF SUBSEQUENT AGREEMENT- The terms of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement.

`(5) CONSENT OF INDIAN TRIBE REQUIRED- The Secretary shall not revise, amend, or require additional terms in a new or subsequent funding agreement without the consent of the Indian tribe that is subject to the agreement unless such terms are required by Federal law.

`(e) General Provisions-

`(1) REDESIGN AND CONSOLIDATION-

`(A) IN GENERAL- An Indian tribe, in any manner that the Indian tribe considers to be in the best interest of the Indian community being served, may--

`(i) redesign or consolidate programs, services, functions, and activities (or portions thereof) included in a funding agreement; and

`(ii) reallocate or redirect funds for such programs, services, functions, and activities (or portions thereof), if the funds are--

`(I) expended on projects identified in a transportation improvement program approved by the Secretary; and

`(II) used in accordance with the requirements in--

`(aa) appropriations Acts;

`(bb) this title and chapter 53 of title 49; and

`(cc) any other applicable law.

`(B) EXCEPTION- Notwithstanding subparagraph (A), if, pursuant to subsection (d), an Indian tribe receives a discretionary or competitive grant from the Secretary or receives State apportioned funds, the Indian tribe shall use the funds for the purpose for which the funds were originally authorized.

`(2) RETROCESSION-

`(A) IN GENERAL-

`(i) AUTHORITY OF INDIAN TRIBES- An Indian tribe may retrocede (fully or partially) to the Secretary programs, services, functions, or activities (or portions thereof) included in a compact or funding agreement.

`(ii) REASSUMPTION OF REMAINING FUNDS- Following a retrocession described in clause (i), the Secretary may--

`(I) reassume the remaining funding associated with the retroceded programs, functions, services, and activities (or portions thereof) included in the applicable compact or funding agreement;

`(II) out of such remaining funds, transfer funds associated with Department of Interior programs, services, functions, or activities (or portions thereof) to the Secretary of the Interior to carry out transportation services provided by the Secretary of the Interior; and

`(III) distribute funds not transferred under subclause (II) in accordance with applicable law.

`(iii) CORRECTION OF PROGRAMS- If the Secretary makes a finding under subsection (f)(2)(B) and no funds are available under subsection (f)(2)(A)(ii), the Secretary shall not be required to provide additional funds to complete or correct any programs, functions, services, or activities (or portions thereof).

`(B) EFFECTIVE DATE- Unless the Indian tribe rescinds a request for retrocession, the retrocession shall become effective within the timeframe specified by the parties in the compact or funding agreement. In the absence of such a specification, the retrocession shall become effective on--

`(i) the earlier of--

`(I) 1 year after the date of submission of the request; or

`(II) the date on which the funding agreement expires; or

`(ii) such date as may be mutually agreed upon by the parties and, with respect to Department of the Interior programs, functions, services, and activities (or portions thereof), the Secretary of the Interior.

`(f) Provisions Relating to Secretary-

`(1) DECISIONMAKER- A decision that relates to an appeal of the rejection of a final offer by the Department shall be made either--

`(A) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency in which the decision that is the subject of the appeal was made; or

`(B) by an administrative judge.

`(2) TERMINATION OF COMPACT OR FUNDING AGREEMENT-

`(A) AUTHORITY TO TERMINATE-

`(i) PROVISION TO BE INCLUDED IN COMPACT OR FUNDING AGREEMENT- A compact or funding agreement shall include a provision authorizing the Secretary, if the Secretary makes a finding described in subparagraph (B), to--

`(I) terminate the compact or funding agreement (or a portion thereof); and

`(II) reassume the remaining funding associated with the reassumed programs, functions, services, and activities included in the compact or funding agreement.

`(ii) TRANSFERS OF FUNDS- Out of any funds reassumed under clause (i)(II), the Secretary may transfer the funds associated with Department of the Interior programs, functions, services, and activities (or portions thereof) to the Secretary of the Interior to provide continued transportation services in accordance with applicable law.

`(B) FINDINGS RESULTING IN TERMINATION- The finding referred to in subparagraph (A) is a specific finding of--

`(i) imminent jeopardy to a trust asset, natural resources, or public health and safety that is caused by an act or omission of the Indian tribe and that arises out of a failure to carry out the compact or funding agreement, as determined by the Secretary; or

`(ii) gross mismanagement with respect to funds or programs transferred to the Indian tribe under the compact or funding agreement, as determined by the Secretary in consultation with the Inspector General of the Department, as appropriate.

`(C) PROHIBITION- The Secretary shall not terminate a compact or funding agreement (or portion thereof) unless--

`(i) the Secretary has first provided written notice and a hearing on the record to the Indian tribe that is subject to the compact or funding agreement; and

`(ii) the Indian tribe has not taken corrective action to remedy the mismanagement of funds or programs or the imminent jeopardy to a trust asset, natural resource, or public health and safety.

`(D) EXCEPTION-

`(i) IN GENERAL- Notwithstanding subparagraph (C), the Secretary, upon written notification to an Indian tribe that is subject to a compact or funding agreement, may immediately terminate the compact or funding agreement (or portion thereof) if--

`(I) the Secretary makes a finding of imminent substantial and irreparable jeopardy to a trust asset, natural resource, or public health and safety; and

`(II) the jeopardy arises out of a failure to carry out the compact or funding agreement.

`(ii) HEARINGS- If the Secretary terminates a compact or funding agreement (or portion thereof) under clause (i), the Secretary shall provide the Indian tribe subject to the compact or agreement with a hearing on the record not later than 10 days after the date of such termination.

`(E) BURDEN OF PROOF- In any hearing or appeal involving a decision to terminate a compact or funding agreement (or portion thereof) under this paragraph, the Secretary shall have the burden of proof in demonstrating by clear and convincing evidence the validity of the grounds for the termination.

`(g) Cost Principles- In administering funds received under this section, an Indian tribe shall apply cost principles under the applicable Office of Management and Budget circular, except as modified by section 450j-1 of title 25, other provisions of law, or by any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget. No other audit or accounting standards shall be required by the Secretary. Any claim by the Federal Government against the Indian tribe relating to funds received under a funding agreement based on any audit conducted pursuant to this subsection shall be subject to the provisions of section 450j-1(f) of title 25.

`(h) Transfer of Funds- The Secretary shall provide funds to an Indian tribe under a funding agreement in an amount equal to--

`(1) the sum of the funding that the Indian tribe would otherwise receive for the program, function, service, or activity in accordance with a funding formula or other allocation method established under this title or chapter 53 of title 49; and

`(2) 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.

`(i) Construction Programs-

`(1) STANDARDS- Construction projects carried out under programs administered by an Indian tribe with funds transferred to the Indian tribe pursuant to a funding agreement entered into under this section shall be constructed pursuant to the construction program standards set forth in applicable regulations or as specifically approved by the Secretary (or the Secretary's designee).

`(2) MONITORING- Construction programs shall be monitored by the Secretary in accordance with applicable regulations.

`(j) Facilitation-

`(1) SECRETARIAL INTERPRETATION- Except as otherwise provided by law, the Secretary shall interpret all Federal laws, Executive orders, and regulations in a manner that will facilitate--

`(A) the inclusion of programs, services, functions, and activities (or portions thereof) and funds associated therewith, in compacts and funding agreements; and

`(B) the implementation of the compacts and funding agreements.

`(2) REGULATION WAIVER-

`(A) IN GENERAL- An Indian tribe may submit to the Secretary a written request to waive application of a regulation promulgated under this section with respect to a compact or funding agreement. The request shall identify the regulation sought to be waived and the basis for the request.

`(B) APPROVALS AND DENIALS-

`(i) IN GENERAL- Not later than 90 days after the date of receipt of a written request under subparagraph (A), the Secretary shall approve or deny the request in writing.

`(ii) REVIEW- The Secretary shall review any application by an Indian tribe for a waiver bearing in mind increasing opportunities for using flexible policy approaches at the Indian tribal level.

`(iii) DEEMED APPROVAL- If the Secretary does not approve or deny a request submitted under subparagraph (A) on or before the last day of the 90-day period referred to in clause (i), the request shall be deemed approved.

`(iv) DENIALS- If the application for a waiver is not granted, the agency shall provide the applicant with the reasons for the denial as part of the written response required in clause (i).

`(v) FINALITY OF DECISIONS- A decision by the Secretary under this subparagraph shall be final for the Department.

`(k) Disclaimers-

`(1) EXISTING AUTHORITY- Notwithstanding any other provision of law, upon the election of an Indian tribe, the Secretary shall--

`(A) maintain current tribal transportation program funding agreements and program agreements; or

`(B) enter into new agreements under the authority of section 202(b)(7).

`(2) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this section may be construed to impair or diminish the authority of the Secretary under section 202(b)(7).

`(l) Applicability of Indian Self-Determination and Education Assistance Act- Except to the extent in conflict with this section (as determined by the Secretary), the following provisions of the Indian Self-Determination and Education Assistance Act shall apply to compact and funding agreements (except that any reference to the Secretary of the Interior or the Secretary of Health and Human Services in such provisions shall be treated as a reference to the Secretary of Transportation):

`(1) Subsections (a), (b), (d), (g), and (h) of section 506 of such Act (25 U.S.C. 458aaa-5), relating to general provisions.

`(2) Subsections (b) through (e) and (g) of section 507 of such Act (25 U.S.C.458aaa-6), relating to provisions relating to the Secretary of Health and Human Services.

`(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of section 508 of such Act (25 U.S.C. 458aaa-7), relating to transfer of funds.

`(4) Section 510 of such Act (25 U.S.C. 458aaa-9), relating to Federal procurement laws and regulations.

`(5) Section 511 of such Act (25 U.S.C. 458aaa-10), relating to civil actions.

`(6) Subsections (a)(1), (a)(2), and (c) through (f) of section 512 of such Act (25 U.S.C. 458aaa-11), relating to facilitation, except that subsection (c)(1) of that section shall be applied by substituting `transportation facilities and other facilities' for `school buildings, hospitals, and other facilities'.

`(7) Subsections (a) and (b) of section 515 of such Act (25 U.S.C. 458aaa-14), relating to disclaimers.

`(8) Subsections (a) and (b) of section 516 of such Act (25 U.S.C. 458aaa-15), relating to application of title I provisions.

`(9) Section 518 of such Act (25 U.S.C. 458aaa-17), relating to appeals.

`(m) Definitions-

`(1) IN GENERAL- In this section, the following definitions apply (except as otherwise expressly provided):

`(A) COMPACT- The term `compact' means a compact between the Secretary and an Indian tribe entered into under subsection (c).

`(B) DEPARTMENT- The term `Department' means the Department of Transportation.

`(C) ELIGIBLE INDIAN TRIBE- The term `eligible Indian tribe' means an Indian tribe that is eligible to participate in the program, as determined under subsection (b).

`(D) FUNDING AGREEMENT- The term `funding agreement' means a funding agreement between the Secretary and an Indian tribe entered into under subsection (d).

`(E) INDIAN TRIBE- The term `Indian tribe' means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). In any case in which an Indian tribe has authorized another Indian tribe, an intertribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this part, the authorized Indian tribe, intertribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this title). In such event, the term `Indian tribe' as used in this part shall include such other authorized Indian tribe, intertribal consortium, or tribal organization.

`(F) PROGRAM- The term `program' means the tribal transportation self-governance program established under this section.

`(G) SECRETARY- The term `Secretary' means the Secretary of Transportation.

`(H) TRANSPORTATION PROGRAMS- The term `transportation programs' means all programs administered or financed by the Department under this title and chapter 53 of title 49.

`(2) APPLICABILITY OF OTHER DEFINITIONS- In this section, the definitions set forth in sections 4 and 505 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b; 458aaa) apply, except as otherwise expressly provided in this section.

`(n) Regulations-

`(1) IN GENERAL-

`(A) PROMULGATION- Not later than 90 days after the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this section.

`(B) PUBLICATION OF PROPOSED REGULATIONS- Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 21 months after such date of enactment.

`(C) EXPIRATION OF AUTHORITY- The authority to promulgate regulations under paragraph (1) shall expire 30 months after such date of enactment.

`(D) EXTENSION OF DEADLINES- A deadline set forth in paragraph (1)(B) or (1)(C) may be extended up to 180 days if the negotiated rulemaking committee referred to in paragraph (2) concludes that the committee cannot meet the deadline and the Secretary so notifies the appropriate committees of Congress.

`(2) COMMITTEE-

`(A) IN GENERAL- A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this subsection shall have as its members only Federal and tribal government representatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this title.

`(B) REQUIREMENTS- The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.

`(C) ADAPTATION OF PROCEDURES- The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian tribes.

`(3) EFFECT- The lack of promulgated regulations shall not limit the effect of this section.

`(4) EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCE, AND RULES- Unless expressly agreed to by the participating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Department, except regulations promulgated under this section.'.

(b) Clerical Amendment- The analysis for such chapter is amended by inserting after the item relating to section 206 the following:

`207. Tribal transportation self-governance program.'.

Read part VII of  Surface Transportation Reauthorization and Reform Act of 2015

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