SB 148 - LIABILITY FOR TRIBAL ROAD CONSTRUCTION 6:09:21 PM CHAIR RAMRAS announced that the next order of business would be CS FOR SENATE BILL NO. 148(JUD), "An Act relating to limitation of state liability on certain federal highway programs; and providing for an effective date." [Before the committee was HCS CSSB 148(TRA).] 6:09:40 PM DOROTHY SHOCKLEY, Staff, Senator Albert Kookesh, Alaska State Legislature, on behalf of the sponsor by request, the Senate Transportation Standing Committee, which is chaired by Senator Kookesh, explained that SB 148 would resolve the issue of liability to the State or employees of the State when partnering with federal-recognized tribes under the Indian Reservation Roads (IRR) Program. With the decline in state and federal highway funding it's imperative that everyone collaborate and work together, and SB 148 will assist that partnering process, and ultimately benefit all Alaskans by leading to long-term improvements in the state's overall transportation infrastructure. MS. SHOCKLEY mentioned that members' packets contain letters from the commissioner of the Department of Transportation & Public Facilities (DOT&PF), Manley Village Council, and Ruby Tribal Council; two handouts from the IRR Program - one listing villages and the money being allocated to them, and the other providing a breakdown of inventory, population, and funding; and a synopsis by the DOT&PF of the IRR Program, the road inventory, how the funding occurs, and what that funding can be used for. She noted that 25 percent of each year's funding can be used for maintenance, with the remainder being used for design and construction and for matching other federal funds, and that tribes could get up to [an additional] $35 million in American Recovery and Reinvestment Act of 2009 (ARRA) funding. 6:12:44 PM PETER PUTZIER, Senior Assistant Attorney General, Opinions, Appeals, & Ethics, Civil Division (Anchorage), Department of Law (DOL), noted that both the DOT&PF and the tribes support SB 148, and that the "plaintiffs bar" was consulted as well. He explained that a provision was added to the bill to address the bar's concerns regarding what standards would apply if tribes were to perform work on State roads and then litigation ensued. Some of the standards that would apply are defined in 25 C.F.R 170, Subpart D, Appendix B, and certainly the State, in any agreement, would require that certain standards be met; furthermore, the language chosen for the bill was, "all applicable federal and state standards". However, that's not to suggest that both federal and state standards would apply in every case, or even that every conceivable standard must be listed; rather, there should simply be a requirement or a reference in the bill that applicable standards be followed when tribes work on State roads. MR. PUTIER, in conclusion, noted that the language on page 1, lines 12-14, through page 2, lines 1-2, reads: In this subsection, "independent negligence" means negligence that is not due to the state's selection, supervision, administration, monitoring, or controlling of the activities of the tribe, the tribe's agents, employees, or contractors, or the state's approving or accepting any of the work performed under programs listed in this subsection. 6:14:59 PM REPRESENTATIVE DAHLSTROM moved to report HCS CSSB 148(TRA) out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, HCS CSSB 148(TRA) was reported from the House Judiciary Standing Committee.