PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1183
(d) FEDERAL LANDS HIGHWAYS PROGRAM.—Section 202 of such title is amended by striking subsection (b) and inserting the following: ‘‘(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 FederalAid 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.’’. (e) BIA ADMINISTRATIVE EXPENSES.—Section 202(d)(2) of such title (as amended by subsection (c)(2) of this section) is amended by adding at the end the following: ‘‘(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.) if the Indian tribal government—
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