PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1189
(2) in subparagraph (C) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ‘‘(D) the non-Federal share of the cost of any project funded under this title or chapter 53 of title 49 that provides access to or within a wildlife refuge; and ‘‘(E) maintenance and improvement of recreational trails; except that expenditures on trails under this subparagraph shall not exceed 5 percent of available funds for each fiscal year.’’. (k) TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.—Section 204 of such title is amended by adding at the end the following: ‘‘(l) TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.— ‘‘(1) IN GENERAL.—An Indian tribe and a State may enter into a road maintenance agreement under which an Indian tribe assumes the responsibilities of the State for— ‘‘(A) Indian reservation roads; and ‘‘(B) roads providing access to Indian reservation roads. ‘‘(2) TRIBAL-STATE AGREEMENTS.—Agreements entered into under paragraph (1)— ‘‘(A) shall be negotiated between the State and the Indian tribe; and ‘‘(B) shall not require the approval of the Secretary. ‘‘(3) ANNUAL REPORT.—Effective beginning with fiscal year 2005, the Secretary shall prepare and submit to Congress an annual report that identifies— ‘‘(A) the Indian tribes and States that have entered into agreements under paragraph (1); ‘‘(B) the number of miles of roads for which Indian tribes have assumed maintenance responsibilities; and ‘‘(C) the amount of funding transferred to Indian tribes for the fiscal year under agreements entered into under paragraph (1).’’. (l) DEPUTY ASSISTANT SECRETARY OF TRANSPORTATION FOR TRIBAL GOVERNMENT AFFAIRS.—Section 102 of title 49, United States Code, is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following: ‘‘(f) DEPUTY ASSISTANT SECRETARY FOR TRIBAL GOVERNMENT AFFAIRS.— ‘‘(1) ESTABLISHMENT.—In accordance with Federal policies promoting Indian self determination, the Department of Transportation shall have, within the office of the Secretary, a Deputy Assistant Secretary for Tribal Government Affairs appointed by the President to plan, coordinate, and implement the Department of Transportation policy and programs serving Indian tribes and tribal organizations and to coordinate tribal transportation programs and activities in all offices and administrations of the Department and to be a participant in any negotiated rulemaking relating to, or having an impact on, projects, programs, or funding associated with the tribal transportation program. ‘‘(2) RESERVATION OF TRUST OBLIGATIONS.— ‘‘(A) RESPONSIBILITY OF SECRETARY.—In carrying out this title, the Secretary shall be responsible to exercise the trust obligations of the United States to Indians and
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