119 STAT. 1188
PUBLIC LAW 109–59—AUG. 10, 2005
facilities located on public lands, national parks, and Indian reservations; and ‘‘(B) operation and maintenance of transit facilities located on public lands, national parks, and Indian reservations. ‘‘(2) CONTRACT.—In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to such activity with— ‘‘(A) a State (including a political subdivision of a State); or ‘‘(B) an Indian tribe. ‘‘(3) INDIAN RESERVATION ROADS.—In the case of an Indian reservation road— ‘‘(A) Indian labor may be employed, in accordance with such rules and regulations as may be promulgated by the Secretary of the Interior, to carry out any construction or other activity described in paragraph (1); and ‘‘(B) funds made available to carry out this section may be used to pay bridge preconstruction costs (including planning, design, and engineering). ‘‘(4) FEDERAL EMPLOYMENT.—No maximum limitation on Federal employment shall be applicable to construction or improvement of Indian reservation roads. ‘‘(5) AVAILABILITY OF FUNDS.—Funds made available under this section for each class of Federal lands highways shall be available for any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, the areas served by the particular class of Federal lands highways. ‘‘(6) RESERVATION OF FUNDS.—The Secretary of the Interior may reserve funds from administrative funds of the Bureau of Indian Affairs that are associated with the Indian reservation roads program to finance Indian technical centers under section 504(b).’’. (i) MAINTENANCE OF INDIAN RESERVATION ROADS.—Section 204(c) of such title is amended by striking the second and third sentences and inserting the following: ‘‘Notwithstanding any other provision of this title, of the amount of funds allocated for Indian reservation roads from the Highway Trust Fund, not more than 25 percent of the funds allocated to an Indian tribe may be expended for the purpose of maintenance, excluding road sealing which shall not be subject to any limitation. The Bureau of Indian Affairs shall continue to retain primary responsibility, including annual funding request responsibility, for road maintenance programs on Indian reservations. The Secretary shall ensure that funding made available under this subsection for maintenance of Indian reservation roads for each fiscal year is supplementary to and not in lieu of any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations.’’. (j) REFUGE ROADS.—Section 204(k)(1) of such title is amended— (1) in subparagraph (B)— (A) by striking ‘‘(2), (5),’’ and inserting ‘‘(2), (3), (5),’’; and (B) by striking ‘‘and’’ after the semicolon;
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