Page:United States Statutes at Large Volume 119.djvu/1202

 119 STAT. 1184

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VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(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.’’. (f) NATIONAL TRIBAL TRANSPORTATION FACILITY INVENTORY.— Section 202(d)(2) of such title (as amended by subsection (e)) is amended by adding at the end the following: ‘‘(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

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