[DOCID: f:publ059.109]
 
[[Page 1143]]
 
  SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A 
                    LEGACY FOR USERS
 
[[Page 119 STAT. 1144]]
 
Public Law 109-59
109th Congress
 
                        An Act
 
 
 
 To authorize funds for Federal-aid highways, highway safety programs, 
   and transit programs, and for other purposes. <<NOTE: Aug. 10, 
                   2005 -  [H.R. 3]>> 
 
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for 
Users. Inter- governmental relations. 23 USC 101 note.>> assembled,
 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
 
    (a) Short Title.--This Act may be cited as the ``Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users'' or 
``SAFETEA-LU''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
 
Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
 
                TITLE I--FEDERAL-AID HIGHWAYS
 
              Subtitle A--Authorization of Programs
 
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Equity bonus program.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Future Interstate System routes.
Sec. 1107. Metropolitan planning.
Sec. 1108. Transfer of highway and transit funds.
Sec. 1109. Recreational trails.
Sec. 1110. Temporary traffic control devices.
Sec. 1111. Set-asides for Interstate discretionary projects.
Sec. 1112. Emergency relief.
Sec. 1113. Surface transportation program.
Sec. 1114. Highway bridge program.
Sec. 1115. Highway use tax evasion projects.
Sec. 1116. Appalachian development highway system.
Sec. 1117. Transportation, community, and system preservation program.
Sec. 1118. Territorial highway program.
Sec. 1119. Federal lands highways.
Sec. 1120. Puerto Rico highway program.
Sec. 1121. HOV facilities.
Sec. 1122. Definitions.
 
                Subtitle B--Congestion Relief
 
Sec. 1201. Real-time system management information program.
 
              Subtitle C--Mobility and Efficiency
 
Sec. 1301. Projects of national and regional significance.
Sec. 1302. National corridor infrastructure improvement program.
Sec. 1303. Coordinated border infrastructure program.
Sec. 1304. High priority corridors on the National Highway System.
Sec. 1305. Truck parking facilities.
Sec. 1306. Freight intermodal distribution pilot grant program.
Sec. 1307. Deployment of magnetic levitation transportation projects.
 
[[Page 119 STAT. 1145]]
 
Sec. 1308. Delta region transportation development program.
Sec. 1309. Extension of public transit vehicle exemption from axle 
         weight restrictions.
Sec. 1310. Interstate oasis program.
 
                 Subtitle D--Highway Safety
 
Sec. 1401. Highway safety improvement program.
Sec. 1402. Worker injury prevention and free flow of vehicular traffic.
Sec. 1403. Toll facilities workplace safety study.
Sec. 1404. Safe routes to school program.
Sec. 1405. Roadway safety improvements for older drivers and 
         pedestrians.
Sec. 1406. Safety incentive grants for use of seat belts.
Sec. 1407. Safety incentives to prevent operation of motor vehicles by 
         intoxicated persons.
Sec. 1408. Improvement or replacement of highway features on National 
         Highway System.
Sec. 1409. Work zone safety grants.
Sec. 1410. National Work Zone Safety Information Clearinghouse.
Sec. 1411. Roadway safety.
Sec. 1412. Idling reduction facilities in Interstate rights-of-way.
 
          Subtitle E--Construction and Contract Efficiency
 
Sec. 1501. Program efficiencies.
Sec. 1502. Highways for LIFE pilot program.
Sec. 1503. Design build.
 
                    Subtitle F--Finance
 
Sec. 1601. Transportation Infrastructure Finance and Innovation Act 
         amendments.
Sec. 1602. State infrastructure banks.
Sec. 1603. Use of excess funds and funds for inactive projects.
Sec. 1604. Tolling.
 
              Subtitle G--High Priority Projects
 
Sec. 1701. High Priority Projects program.
Sec. 1702. Project authorizations.
Sec. 1703. Technical amendments to transportation projects.
 
                  Subtitle H--Environment
 
Sec. 1801. Construction of ferry boats and ferry terminal facilities.
Sec. 1802. National Scenic Byways Program.
Sec. 1803. America's Byways Resource Center.
Sec. 1804. National historic covered bridge preservation.
Sec. 1805. Use of debris from demolished bridges and overpasses.
Sec. 1806. Additional authorization of contract authority for States 
         with Indian reservations.
Sec. 1807. Nonmotorized transportation pilot program.
Sec. 1808. Addition to CMAQ-eligible projects.
 
                   Subtitle I--Miscellaneous
 
Sec. 1901. Inclusion of requirements for signs identifying funding 
         sources in title 23.
Sec. 1902. Donations and credits.
Sec. 1903. Inclusion of Buy America requirements in title 23.
Sec. 1904. Stewardship and oversight.
Sec. 1905. Transportation development credits.
Sec. 1906. Grant program to prohibit racial profiling.
Sec. 1907. Pavement marking systems demonstration projects.
Sec. 1908. Inclusion of certain route segments on Interstate System and 
         NHS.
Sec. 1909. Future of surface transportation system.
Sec. 1910. Motorist information concerning full service restaurants.
Sec. 1911. Approval and funding for certain construction projects.
Sec. 1912. Lead agency designation.
Sec. 1913. Bridge construction, North Dakota.
Sec. 1914. Motorcyclist Advisory Council.
Sec. 1915. Loan forgiveness.
Sec. 1916. Treatment of off-ramp.
Sec. 1917. Opening of Interstate ramps.
Sec. 1918. Credit to State of Louisiana for State matching funds.
Sec. 1919. Road user fees.
Sec. 1920. Transportation and local workforce investment.
 
[[Page 119 STAT. 1146]]
 
Sec. 1921. Update of obsolete text.
Sec. 1922. Technical amendments to nondiscrimination section.
Sec. 1923. Transportation assets and needs of Delta region.
Sec. 1924. Alaska Way Viaduct study.
Sec. 1925. Community enhancement study.
Sec. 1926. Budget justification.
Sec. 1927. 14th Amendment Highway and 3rd Infantry Division Highway.
Sec. 1928. Sense of Congress regarding Buy America.
Sec. 1929. Designation of Daniel Patrick Moynihan Interstate Highway.
Sec. 1930. Designation of Thomas P. ``Tip'' O'Neill, Jr. Tunnel.
Sec. 1931. Richard Nixon Parkway, California.
Sec. 1932. Amo Houghton Bypass.
Sec. 1933. Billy Tauzin Energy Corridor.
Sec. 1934. Transportation improvements.
Sec. 1935. Project flexibility.
Sec. 1936. Advances.
Sec. 1937. Roads in closed basins.
Sec. 1938. Technology.
Sec. 1939. BIA Indian Road Program.
Sec. 1940. Going-to-the-Sun Road, Glacier National Park, Montana.
Sec. 1941. Beartooth Highway, Montana.
Sec. 1943. Great Lakes ITS implementation.
Sec. 1944. Transportation construction and remediation, Ottawa County, 
         Oklahoma.
Sec. 1945. Infrastructure awareness program.
Sec. 1946. Gateway rural improvement pilot program.
Sec. 1947. Eligible safety improvements.
Sec. 1948. Emergency service route.
Sec. 1949. Knik Arm Bridge funding clarification.
Sec. 1950. Lincoln Parish, LA/I-20 Transportation Corridor Program.
Sec. 1951. Bonding assistance program.
Sec. 1952. Congestion relief.
Sec. 1953. Authorization of appropriations.
Sec. 1954. Bicycle transportation and pedestrian walkways.
Sec. 1955. Conveyance to the City of Ely, Nevada.
Sec. 1956. Brownfields grants.
Sec. 1957. Traffic circle construction, Clarendon, Vermont.
Sec. 1958. Limitation on project approval.
Sec. 1959. Cross harbor freight movement project.
Sec. 1960. Denali access system program.
Sec. 1961. I-95/Contee Road interchange study.
Sec. 1962. Multimodal facility improvements.
Sec. 1963. Apollo Theater leases.
Sec. 1964. Project Federal share.
 
                  TITLE II--HIGHWAY SAFETY
 
Sec. 2001. Authorization of appropriations.
Sec. 2002. Highway safety programs.
Sec. 2003. Highway safety research and outreach programs.
Sec. 2004. Occupant protection incentive grants.
Sec. 2005. Grants for primary safety belt use laws.
Sec. 2006. State traffic safety information system improvements.
Sec. 2007. Alcohol-impaired driving countermeasures.
Sec. 2008. NHTSA accountability.
Sec. 2009. High visibility enforcement program.
Sec. 2010. Motorcyclist safety.
Sec. 2011. Child safety and child booster seat incentive grants.
Sec. 2012. Safety data.
Sec. 2013. Drug-impaired driving enforcement.
Sec. 2014. First responder vehicle safety program.
Sec. 2015. Driver performance study.
Sec. 2016. Rural State emergency medical services optimization pilot 
         program.
Sec. 2017. Older driver safety; law enforcement training.
Sec. 2018. Safe intersections.
Sec. 2019. National Highway Safety Advisory Committee technical 
         correction.
Sec. 2020. Presidential Commission on Alcohol-Impaired Driving.
Sec. 2021. Sense of the Congress in support of increased public 
         awareness of blood alcohol concentration levels and dangers 
         of alcohol-impaired driving.
Sec. 2022. Effective date.
 
               TITLE III--PUBLIC TRANSPORTATION
 
Sec. 3001. Short title.
 
[[Page 119 STAT. 1147]]
 
Sec. 3002. Amendments to title 49, United States Code; updated 
         terminology.
Sec. 3003. Policies, findings, and purposes.
Sec. 3004. Definitions.
Sec. 3005. Metropolitan transportation planning.
Sec. 3006. Statewide transportation planning.
Sec. 3007. Planning programs.
Sec. 3008. Private enterprise participation.
Sec. 3009. Urbanized area formula grants.
Sec. 3010. Clean fuels grant program.
Sec. 3011. Capital investment grants.
Sec. 3012. Formula grants for special needs of elderly individuals and 
         individuals with disabilities.
Sec. 3013. Formula grants for other than urbanized areas.
Sec. 3014. Research, development, demonstration, and deployment 
         projects.
Sec. 3015. Transit cooperative research program.
Sec. 3016. National research and technology programs.
Sec. 3017. National Transit Institute.
Sec. 3018. Job access and reverse commute formula grants.
Sec. 3019. New Freedom Program.
Sec. 3020. Bus testing facility.
Sec. 3021. Alternative transportation in parks and public lands.
Sec. 3022. Human resources programs.
Sec. 3023. General provisions on assistance.
Sec. 3024. Special provisions for capital projects.
Sec. 3025. Contract requirements.
Sec. 3026. Project management oversight and review.
Sec. 3027. Project review.
Sec. 3028. Investigations of safety hazards and security risks.
Sec. 3029. State safety oversight.
Sec. 3030. Controlled substances and alcohol misuse testing.
Sec. 3031. Employee protective arrangements.
Sec. 3032. Administrative procedures.
Sec. 3033. National transit database.
Sec. 3034. Apportionments of formula grants.
Sec. 3035. Apportionments based on fixed guideway factors.
Sec. 3036. Authorizations.
Sec. 3037. Alternatives analysis program.
Sec. 3038. Apportionments based on growing States formula factors.
Sec. 3039. Over-the-road bus accessibility program.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustments for fiscal year 2005.
Sec. 3042. Terrorist attacks and other acts of violence against public 
         transportation systems.
Sec. 3043. Project authorizations for new fixed guideway capital 
         projects.
Sec. 3044. Projects for bus and bus-related facilities and clean fuels 
         grant program.
Sec. 3045. National fuel cell bus technology development program.
Sec. 3046. Allocations for national research and technology programs.
Sec. 3047. Forgiveness of grant agreement.
Sec. 3048. Cooperative procurement.
Sec. 3049. Transportation fringe benefits.
Sec. 3050. Commuter rail.
Sec. 3051. Paratransit service in Illinois.
 
                TITLE IV--MOTOR CARRIER SAFETY
 
Sec. 4001. Short title.
 
            Subtitle A--Commercial Motor Vehicle Safety
 
Sec. 4101. Authorization of appropriations.
Sec. 4102. Increased penalties for out-of-service violations and false 
         records.
Sec. 4103. Penalty for denial of access to records.
Sec. 4104. Revocation of operating authority.
Sec. 4105. State laws relating to vehicle towing.
Sec. 4106. Motor carrier safety grants.
Sec. 4107. High priority activities and new entrants audits.
Sec. 4108. Data quality improvement.
Sec. 4109. Performance and registration information system management.
Sec. 4110. Border enforcement grants.
Sec. 4111. Motor carrier research and technology program.
Sec. 4112. Nebraska custom harvesters length exemption.
Sec. 4113. Pattern of safety violations by motor carrier management.
Sec. 4114. Intrastate operations of interstate motor carriers.
 
[[Page 119 STAT. 1148]]
 
Sec. 4115. Transfer provision.
Sec. 4116. Medical program.
Sec. 4117. Safety performance history screening.
Sec. 4118. Roadability.
Sec. 4119. International cooperation.
Sec. 4120. Financial responsibility for private motor carriers.
Sec. 4121. Deposit of certain civil penalties into Highway Trust Fund.
Sec. 4122. CDL learner's permit program.
Sec. 4123. Commercial driver's license information system modernization.
Sec. 4124. Commercial driver's license improvements.
Sec. 4125. Hobbs Act.
Sec. 4126. Commercial vehicle information systems and networks 
         deployment.
Sec. 4127. Outreach and education.
Sec. 4128. Safety data improvement program.
Sec. 4129. Operation of commercial motor vehicles by individuals who use 
         insulin to treat diabetes mellitus.
Sec. 4130. Operators of vehicles transporting agricultural commodities 
         and farm supplies.
Sec. 4131. Maximum hours of service for operators of ground water well 
         drilling rigs.
Sec. 4132. Hours of service for operators of utility service vehicles.
Sec. 4133. Hours of service rules for operators providing transportation 
         to movie production sites.
Sec. 4134. Grant program for commercial motor vehicle operators.
Sec. 4135. CDL task force.
Sec. 4136. Interstate van operations.
Sec. 4137. Decals.
Sec. 4138. High risk carrier compliance reviews.
Sec. 4139. Foreign commercial motor vehicles.
Sec. 4140. School bus driver qualifications and endorsement knowledge 
         test.
Sec. 4141. Driveaway saddlemount vehicles.
Sec. 4142. Registration of motor carriers and freight forwarders.
Sec. 4143. Authority to stop commercial motor vehicles.
Sec. 4144. Motor Carrier Safety Advisory Committee.
Sec. 4145. Technical corrections.
Sec. 4146. Exemption during harvest periods.
Sec. 4147. Emergency condition requiring immediate response.
Sec. 4148. Substance abuse professionals.
Sec. 4149. Office of intermodalism.
 
            Subtitle B--Household Goods Transportation
 
Sec. 4201. Short title.
Sec. 4202. Definitions; application of provisions.
Sec. 4203. Payment of rates.
Sec. 4204. Additional registration requirements for motor carriers of 
         household goods.
Sec. 4205. Household goods carrier operations.
Sec. 4206. Enforcement of regulations related to transportation of 
         household goods.
Sec. 4207. Liability of carriers under receipts and bills of lading.
Sec. 4208. Arbitration requirements.
Sec. 4209. Civil penalties relating to household goods brokers and 
         unauthorized transportation.
Sec. 4210. Penalties for holding household goods hostage.
Sec. 4211. Consumer handbook on DOT web site.
Sec. 4212. Release of household goods broker information.
Sec. 4213. Working group for development of practices and procedures to 
         enhance Federal-State relations.
Sec. 4214. Consumer complaint information.
Sec. 4215. Review of liability of carriers.
Sec. 4216. Application of State consumer protection laws to certain 
         household goods carriers.
 
        Subtitle C--Unified Carrier Registration Act of 2005
 
Sec. 4301. Short title.
Sec. 4302. Relationship to other laws.
Sec. 4303. Inclusion of motor private and exempt carriers.
Sec. 4304. Unified Carrier Registration System.
Sec. 4305. Registration of motor carriers by States.
Sec. 4306. Identification of vehicles.
Sec. 4307. Use of UCR Agreement revenues as matching funds.
Sec. 4308. Regulations.
 
[[Page 119 STAT. 1149]]
 
              Subtitle D--Miscellaneous Provisions
 
Sec. 4401. Technical adjustment.
Sec. 4402. Transfer.
Sec. 4403. Extension of assistance.
Sec. 4404. Designations.
Sec. 4405. Limited exception.
Sec. 4406. Airport land amendment.
Sec. 4407. Rights-of-way.
Sec. 4408. Rialto Municipal Airport.
Sec. 4409. Conforming amendments.
Sec. 4410. Ralph M. Bartholomew Veterans' Memorial Bridge.
Sec. 4411. Don Young's Way.
Sec. 4412. Quality bank adjustments.
Sec. 4413. Technical amendment.
Sec. 4414. Airport certification.
 
                    TITLE V--RESEARCH
 
                    Subtitle A--Funding
 
Sec. 5101. Authorization of appropriations.
Sec. 5102. Obligation ceiling.
Sec. 5103. Findings.
 
          Subtitle B--Research, Technology, and Education
 
Sec. 5201. Research, technology, and education.
Sec. 5202. Long-term bridge performance program; innovative bridge 
         research and deployment program.
Sec. 5203. Technology deployment.
Sec. 5204. Training and education.
Sec. 5205. State planning and research.
Sec. 5206. International highway transportation outreach program.
Sec. 5207. Surface transportation environment and planning cooperative 
         research program.
Sec. 5208. Transportation research and development strategic planning.
Sec. 5209. National cooperative freight transportation research program.
Sec. 5210. Future strategic highway research program.
Sec. 5211. Multistate corridor operations and management.
 
        Subtitle C--Intelligent Transportation System Research
 
Sec. 5301. National ITS program plan.
Sec. 5302. Use of funds.
Sec. 5303. Goals and purposes.
Sec. 5304. Infrastructure development.
Sec. 5305. General authorities and requirements.
Sec. 5306. Research and development.
Sec. 5307. National architecture and standards.
Sec. 5308. Road weather research and development program.
Sec. 5309. Centers for surface transportation excellence.
Sec. 5310. Definitions.
 
    Subtitle D--University Transportation Research; Scholarship 
                     Opportunities
 
Sec. 5401. National university transportation centers.
Sec. 5402. University transportation research.
 
                 Subtitle E--Other Programs
 
Sec. 5501. Transportation safety information management system project.
Sec. 5502. Surface transportation congestion relief solutions research 
         initiative.
Sec. 5503. Motor carrier efficiency study.
Sec. 5504. Center for Transportation Advancement and Regional 
         Development.
Sec. 5505. Transportation scholarship opportunities program.
Sec. 5506. Commercial remote sensing products and spatial information 
         technologies.
Sec. 5507. Rural interstate corridor communications study.
Sec. 5508. Transportation technology innovation and demonstration 
         program.
Sec. 5509. Repeal.
Sec. 5510. Notice.
Sec. 5511. Motorcycle crash causation study grants.
Sec. 5512. Advanced travel forecasting procedures program.
Sec. 5513. Research grants.
Sec. 5514. Competition for specification of alternative types of culvert 
         pipes.
 
[[Page 119 STAT. 1150]]
 
          Subtitle F--Bureau of Transportation Statistics
 
Sec. 5601. Bureau of Transportation Statistics.
 
        TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY
 
Sec. 6001. Transportation planning.
Sec. 6002. Efficient environmental reviews for project decisionmaking.
Sec. 6003. State assumption of responsibilities for certain programs and 
         projects.
Sec. 6004. State assumption of responsibility for categorical 
         exclusions.
Sec. 6005. Surface transportation project delivery pilot program.
Sec. 6006. Environmental restoration and pollution abatement; control of 
         noxious weeds and aquatic noxious weeds and establishment of 
         native species.
Sec. 6007. Exemption of Interstate System.
Sec. 6008. Integration of natural resource concerns into transportation 
         project planning.
Sec. 6009. Parks, recreation areas, wildlife and waterfowl refuges, and 
         historic sites.
Sec. 6010. Environmental review of activities that support deployment of 
         intelligent transportation systems.
Sec. 6011. Transportation conformity.
Sec. 6012. Federal Reference Method.
Sec. 6013. Air quality monitoring data influenced by exceptional events.
Sec. 6014. Federal procurement of recycled coolant.
Sec. 6015. Clean school bus program.
Sec. 6016. Special designation.
Sec. 6017. Increased use of recovered mineral component in federally 
         funded projects involving procurement of cement or concrete.
Sec. 6018. Use of granular mine tailings.
 
           TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
 
Sec. 7001. Short title.
Sec. 7002. Amendment of title 49, United States Code.
 
Subtitle A--General Authorities on Transportation of Hazardous Materials
 
Sec. 7101. Findings and purpose.
Sec. 7102. Definitions.
Sec. 7103. General regulatory authority.
Sec. 7104. Limitation on issuance of hazmat licenses.
Sec. 7105. Background checks for drivers hauling hazardous materials.
Sec. 7106. Representation and tampering.
Sec. 7107. Technical amendments.
Sec. 7108. Training of certain employees.
Sec. 7109. Registration.
Sec. 7110. Shipping papers and disclosure.
Sec. 7111. Rail tank cars.
Sec. 7112. Unsatisfactory safety ratings.
Sec. 7113. Training curriculum for the public sector.
Sec. 7114. Planning and training grants; Hazardous Materials Emergency 
         Preparedness Fund.
Sec. 7115. Special permits and exclusions.
Sec. 7116. Uniform forms and procedures.
Sec. 7117. International uniformity of standards and requirements.
Sec. 7118. Administrative authority.
Sec. 7119. Enforcement.
Sec. 7120. Civil penalty.
Sec. 7121. Criminal penalty.
Sec. 7122. Preemption.
Sec. 7123. Judicial review.
Sec. 7124. Relationship to other laws.
Sec. 7125. Authorization of appropriations.
Sec. 7126. References to the Secretary of Transportation.
Sec. 7127. Criminal matters.
Sec. 7128. Additional civil and criminal penalties.
Sec. 7129. Hazardous material transportation plan requirement.
Sec. 7130. Determining amount of undeclared shipments of hazardous 
         materials entering the United States.
Sec. 7131. Hazardous materials research projects.
Sec. 7132. National first responder transportation incident response 
         system.
Sec. 7133. Common carrier pipeline system.
 
            Subtitle B--Sanitary Food Transportation
 
Sec. 7201. Short title.
 
[[Page 119 STAT. 1151]]
 
Sec. 7202. Responsibilities of Secretary of Health and Human Services.
Sec. 7203. Department of Transportation requirements.
Sec. 7204. Effective date.
 
    Subtitle C--Research and Innovative Technology Administration
 
Sec. 7301. Administrative authority.
 
      TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
 
Sec. 8001. Discretionary spending limits for the highway and mass 
         transit categories.
Sec. 8002. Adjustments to align highway spending with revenues.
Sec. 8003. Level of obligation limitations.
Sec. 8004. Enforcement of guarantee.
Sec. 8005. Transfer of Federal transit administrative expenses.
 
                TITLE IX--RAIL TRANSPORTATION
 
Sec. 9001. High-speed rail corridor development.
Sec. 9002. Capital grants for rail line relocation projects.
Sec. 9003. Rehabilitation and improvement financing.
Sec. 9004. Report regarding impact on public safety of train travel in 
         communities without grade separation.
Sec. 9005. Welded rail and tank car safety improvements.
Sec. 9006. Alaska Railroad.
Sec. 9007. Study of rail transportation and regulation.
Sec. 9008. Hawaii port infrastructure expansion program.
 
               TITLE X--MISCELLANEOUS PROVISIONS
 
       Subtitle A--Sportfishing and Recreational Boating Safety
 
Sec. 10101. Short title.
 
    Chapter 1--Dingell-Johnson Sport Fish Restoration Act amendments
 
Sec. 10111. Amendment of Dingell-Johnson Sport Fish Restoration Act.
Sec. 10112. Authorization of appropriations.
Sec. 10113. Division of annual appropriations.
Sec. 10114. Maintenance of projects.
Sec. 10115. Boating infrastructure.
Sec. 10116. Requirements and restrictions concerning use of amounts for 
         expenses for Administration.
Sec. 10117. Payments of funds to and cooperation with Puerto Rico, the 
          District of Columbia, Guam, American Samoa, the Commonwealth 
         of the Northern Mariana Islands, and the Virgin Islands.
Sec. 10118. Multistate conservation grant program.
Sec. 10119. Expenditure of remaining balance in Boat Safety Account.
 
          Chapter 2--Clean Vessel Act of 1992 amendments
 
Sec. 10131. Grant program.
 
       Chapter 3--Recreational boating safety program amendments
 
Sec. 10141. Technical correction.
Sec. 10142. Availability of allocations.
Sec. 10143. Authorization of appropriations for State recreational 
         boating safety programs.
 
            Subtitle B--Other Miscellaneous Provisions
 
Sec. 10201. Notice regarding participation of small business concerns.
Sec. 10202. Emergency medical services.
Sec. 10203. Hubzone program.
Sec. 10204. Catastrophic hurricane evacuation plans.
Sec. 10205. Intermodal transportation facility expansion.
Sec. 10206. Eligibility to participate in western Alaska community 
         development quota program.
Sec. 10207. Rail rehabilitation and bridge repair.
Sec. 10208. Rented or leased motor vehicles.
Sec. 10209. Midway Island.
Sec. 10210. Demonstration of digital project simulation.
Sec. 10211. Environmental programs.
Sec. 10212. Rescission of unobligated balances.
Sec. 10213. Tribal land.
 
         Subtitle C--Specific Vehicle Safety-related Rulings
 
Sec. 10301. Vehicle rollover prevention and crash mitigation.
 
[[Page 119 STAT. 1152]]
 
Sec. 10302. Side-impact crash protection rulemaking.
Sec. 10303. Tire research.
Sec. 10304. Vehicle backover avoidance technology study.
Sec. 10305. Nontraffic incident data collection.
Sec. 10306. Study of safety belt use technologies.
Sec. 10307. Amendment of Automobile Information Disclosure Act.
Sec. 10308. Power window switches.
Sec. 10309. 15-Passenger van safety.
Sec. 10310. Authorization of appropriations.
 
     TITLE XI--HIGHWAY REAUTHORIZATION AND EXCISE TAX SIMPLIFICATION
 
Sec. 11100. Amendment of 1986 Code.
 
             Subtitle A--Trust Fund Reauthorization
 
Sec. 11101. Extension of highway-related taxes and trust funds.
Sec. 11102. Modification of adjustments of apportionments.
 
          Subtitle B--Excise Tax Reform and Simplification
 
                Part 1--Highway excise taxes
 
Sec. 11111. Modification of gas guzzler tax.
Sec. 11112. Exclusion for tractors weighing 19,500 pounds or less from 
         Federal excise tax on heavy trucks and trailers.
Sec. 11113. Volumetric excise tax credit for alternative fuels.
 
                Part 2--Aquatic excise taxes
 
Sec. 11115. Elimination of Aquatic Resources Trust Fund and 
         transformation of Sport Fish Restoration Account.
Sec. 11116. Repeal of harbor maintenance tax on exports.
Sec. 11117. Cap on excise tax on certain fishing equipment.
 
                   Part 3--Aerial excise taxes
 
Sec. 11121. Clarification of excise tax exemptions for agricultural 
         aerial applicators and exemption for Fixed-Wing aircraft 
         engaged in forestry operations.
Sec. 11122. Modification of rural airport definition.
Sec. 11123. Exemption from taxes on transportation provided by 
         seaplanes.
Sec. 11124. Certain sightseeing flights exempt from taxes on air 
         transportation.
 
               Part 4--Taxes relating to alcohol
 
Sec. 11125. Repeal of special occupational taxes on producers and 
         marketers of alcoholic beverages.
Sec. 11126. Income tax credit for distilled spirits wholesalers and for 
         distilled spirits in control State bailment warehouses for 
         costs of carrying Federal excise taxes on bottled distilled 
         spirits.
Sec. 11127. Quarterly excise tax filing for small alcohol excise 
         taxpayers.
 
                 Part 5--Sport excise taxes
 
Sec. 11131. Custom gunsmiths.
 
              Subtitle C--Miscellaneous Provisions
 
Sec. 11141. Motor Fuel Tax Enforcement Advisory Commission.
Sec. 11142. National Surface Transportation Infrastructure Financing 
         Commission.
Sec. 11143. Tax-exempt financing of highway projects and rail-truck 
         transfer facilities.
Sec. 11144. Treasury study of highway fuels used by trucks for non-
         transportation purposes.
Sec. 11145. Diesel fuel tax evasion report.
Sec. 11146. Tax treatment of State ownership of railroad real estate 
         investment trust.
Sec. 11147. Limitation on transfers to the Leaking Underground Storage 
         Tank Trust Fund.
 
          Subtitle D--Highway-Related Technical Corrections
 
Sec. 11151. Highway-related technical corrections.
 
               Subtitle E--Preventing Fuel Fraud
 
Sec. 11161. Treatment of kerosene for use in aviation.
Sec. 11162. Repeal of ultimate vendor refund claims with respect to 
         farming.
 
[[Page 119 STAT. 1153]]
 
Sec. 11163. Refunds of excise taxes on exempt sales of fuel by credit 
         card.
Sec. 11164. Reregistration in event of change in ownership.
Sec. 11165. Reconciliation of on-loaded cargo to entered cargo.
Sec. 11166. Treatment of deep-draft vessels.
Sec. 11167. Penalty with respect to certain adulterated fuels.
 
SEC. 2. <<NOTE: 23 USC 101 note.>> GENERAL DEFINITIONS.
 
    In this Act, the following definitions apply:
          (1) Department.--The term ``Department'' means the 
       Department of Transportation.
          (2) Secretary.--The term ``Secretary'' means the Secretary 
       of Transportation.
 
                TITLE I--FEDERAL-AID HIGHWAYS
 
              Subtitle A--Authorization of Programs
 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
 
    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
          (1) Interstate maintenance program.--For the Interstate 
       maintenance program under section 119 of title 23, United States 
       Code--
               (A) $4,883,759,623 for fiscal year 2005;
               (B) $4,960,788,917 for fiscal year 2006;
               (C) $5,039,058,556 for fiscal year 2007;
               (D) $5,118,588,513 for fiscal year 2008; and
               (E) $5,199,399,081 for fiscal year 2009.
          (2) National highway system.--For the National Highway 
       System under section 103 of such title--
               (A) $5,911,200,104 for fiscal year 2005;
               (B) $6,005,256,569 for fiscal year 2006;
               (C) $6,110,827,556 for fiscal year 2007;
               (D) $6,207,937,450 for fiscal year 2008; and
               (E) $6,306,611,031 for fiscal year 2009.
          (3) Bridge program.--For the bridge program under section 
       144 of such title--
               (A) $4,187,708,821 for fiscal year 2005;
               (B) $4,253,530,131 for fiscal year 2006;
               (C) $4,320,411,313 for fiscal year 2007;
               (D) $4,388,369,431 for fiscal year 2008; and
               (E) $4,457,421,829 for fiscal year 2009.
          (4) Surface transportation program.--For the surface 
       transportation program under section 133 of such title--
               (A) $6,860,096,662 for fiscal year 2005;
               (B) $6,269,833,394 for fiscal year 2006;
               (C) $6,370,469,775 for fiscal year 2007;
               (D) $6,472,726,628 for fiscal year 2008; and
               (E) $6,576,630,046 for fiscal year 2009.
          (5) Congestion mitigation and air quality improvement 
       program.--For the congestion mitigation and air quality 
       improvement program under section 149 of such title--
               (A) $1,667,255,304 for fiscal year 2005;
               (B) $1,694,101,866 for fiscal year 2006;
               (C) $1,721,380,718 for fiscal year 2007;
               (D) $1,749,098,821 for fiscal year 2008; and
 
[[Page 119 STAT. 1154]]
 
               (E) $1,777,263,247 for fiscal year 2009.
          (6) Highway safety improvement program.--For the highway 
       safety improvement program under section 148 of such title--
                (A) $1,235,810,000 for fiscal year 2006;
               (B) $1,255,709,322 for fiscal year 2007;
               (C) $1,275,929,067 for fiscal year 2008; and
               (D) $1,296,474,396 for fiscal year 2009.
          (7) Appalachian development highway system program.--For the 
       Appalachian development highway system program under subtitle IV 
       of title 40, United States Code, $470,000,000 for each of fiscal 
       years 2005 through 2009.
          (8) Recreational trails program.--For the recreational 
       trails program under section 206 of title 23, United States 
       Code--
               (A) $60,000,000 for fiscal year 2005;
               (B) $70,000,000 for fiscal year 2006;
                (C) $75,000,000 for fiscal year 2007;
               (D) $80,000,000 for fiscal year 2008; and
               (E) $85,000,000 for fiscal year 2009.
          (9) Federal lands highways program.--
               (A) Indian reservation roads.--For Indian 
            reservation roads under section 204 of such title--
                   (i) $300,000,000 for fiscal year 2005;
                   (ii) $330,000,000 for fiscal year 2006;
                   (iii) $370,000,000 for fiscal year 2007;
                   (iv) $410,000,000 for fiscal year 2008; and
                   (v) $450,000,000 for fiscal year 2009.
               (B) Park roads and parkways.--
                   (i) In general.--For park roads and parkways 
                under section 204 of such title--
                          (I) $180,000,000 for fiscal year 
                       2005;
                          (II) $195,000,000 for fiscal year 
                       2006;
                          (III) $210,000,000 for fiscal year 
                       2007;
                          (IV) $225,000,000 for fiscal year 
                        2008; and
                          (V) $240,000,000 for fiscal year 
                       2009.
                   (ii) Minimum allocation to certain states.--A 
                State containing more than 50 percent of the total 
                acreage of the National Park System shall receive 
                not less than 3 percent of any funds appropriated 
                under this subparagraph.
               (C) Refuge roads.--For refuge roads under section 
            204 of such title, $29,000,000 for each of fiscal years 
            2005 through 2009.
               (D) Public lands highways.--For Federal lands 
            highways under section 204 of such title--
                   (i) $260,000,000 for fiscal year 2005;
                   (ii) $280,000,000 for fiscal year 2006;
                   (iii) $280,000,000 for fiscal year 2007;
                   (iv) $290,000,000 for fiscal year 2008; and
                   (v) $300,000,000 for fiscal year 2009.
          (10) National corridor infrastructure improvement program.--
       For the national corridor infrastructure improvement program 
       under section 1302 of this Act--
               (A) $194,800,000 for fiscal year 2005;
               (B) $389,600,000 for fiscal year 2006;
               (C) $487,000,000 for fiscal year 2007;
 
[[Page 119 STAT. 1155]]
 
               (D) $487,000,000 for fiscal year 2008; and
               (E) $389,600,000 for fiscal year 2009.
          (11) Coordinated border infrastructure program.--For the 
       coordinated border infrastructure program under section 1303 of 
       this Act--
                (A) $123,000,000 for fiscal year 2005;
               (B) $145,000,000 for fiscal year 2006;
               (C) $165,000,000 for fiscal year 2007;
               (D) $190,000,000 for fiscal year 2008; and
               (E) $210,000,000 for fiscal year 2009.
          (12) National scenic byways program.--For the national 
       scenic byways program under section 162 of such title--
               (A) $26,500,000 for fiscal year 2005;
               (B) $30,000,000 for fiscal year 2006;
               (C) $35,000,000 for fiscal year 2007;
               (D) $40,000,000 for fiscal year 2008; and
               (E) $43,500,000 for fiscal year 2009.
          (13) Construction of ferry boats and ferry terminal 
       facilities.--For construction of ferry boats and ferry terminal 
       facilities under section 147 of such title--
               (A) $38,000,000 for fiscal year 2005;
               (B) $55,000,000 for fiscal year 2006;
                (C) $60,000,000 for fiscal year 2007;
               (D) $65,000,000 for fiscal year 2008; and
               (E) $67,000,000 for fiscal year 2009.
          (14) Puerto rico highway program.--For the Puerto Rico 
       highway program under section 165 of such title--
               (A) $115,000,000 for fiscal year 2005;
               (B) $120,000,000 for fiscal year 2006;
               (C) $135,000,000 for fiscal year 2007;
               (D) $145,000,000 for fiscal year 2008; and
               (E) $150,000,000 for fiscal year 2009.
          (15) Projects of national and regional significance 
       program.--For the projects of national and regional significance 
       program under section 1301 of this Act--
               (A) $177,900,000 for fiscal year 2005;
               (B) $355,800,000 for fiscal year 2006;
               (C) $444,750,000 for fiscal year 2007;
               (D) $444,750,000 for fiscal year 2008; and
               (E) $355,800,000 for fiscal year 2009.
          (16) High priority projects program.--For the high priority 
       projects program under section 117 of title 23, United States 
       Code, $2,966,400,000 for each of fiscal years 2005 through 2009.
          (17) Safe routes to school program.--For the safe routes to 
       school program under section 1404 of this Act--
               (A) $54,000,000 for fiscal year 2005;
               (B) $100,000,000 for fiscal year 2006;
               (C) $125,000,000 for fiscal year 2007;
               (D) $150,000,000 for fiscal year 2008; and
               (E) $183,000,000 for fiscal year 2009.
          (18) Deployment of magnetic levitation transportation 
       projects.--For the deployment of magnetic levitation projects 
       under section 1307 of this Act--
               (A) $15,000,000 for each of fiscal years 2006 and 
            2007; and
               (B) $30,000,000 for each of fiscal years 2008 and 
            2009.
 
[[Page 119 STAT. 1156]]
 
          (19) National corridor planning and development and 
       coordinated border infrastructure programs.--For the national 
       corridor planning and development and coordinated border 
       infrastructure programs under sections 1118 and 1119 of the 
       Transportation Equity Act for the 21st Century (112 Stat. 161, 
       163) $140,000,000 for fiscal year 2005.
          (20) Highways for life.--For the Highways for LIFE Program 
       under section 1502 of this Act--
               (A) $15,000,000 for fiscal year 2006; and
               (B) $20,000,000 for each of fiscal years 2007 
            through 2009.
          (21) Highway use tax evasion projects.--For highway use tax 
       evasion projects under section 1115 of this Act--
               (A) $5,000,000 for fiscal year 2005;
               (B) $44,800,000 for fiscal year 2006;
               (C) $53,300,000 for fiscal year 2007; and
               (D) $12,000,000 for each of fiscal years 2008 and 
            2009.
 
    (b) <<NOTE: 23 USC 101 note.>> Disadvantaged Business Enterprises.--
          (1) Definitions.--In this subsection, the following 
       definitions apply:
               (A) Small business concern.--The term ``small 
            business concern'' has the meaning that term has under 
            section 3 of the Small Business Act (15 U.S.C. 632), 
            except that the term shall not include any concern or 
            group of concerns controlled by the same socially and 
            economically disadvantaged individual or individuals 
            which has average annual gross receipts over the 
            preceding 3 fiscal years in excess of $19,570,000, as 
            adjusted annually by the Secretary for inflation.
               (B) Socially and economically disadvantaged 
            individuals.--The term ``socially and economically 
            disadvantaged individuals'' has the meaning that term 
            has under section 8(d) of the Small Business Act (15 
            U.S.C. 637(d)) and relevant subcontracting regulations 
            issued pursuant to that Act, except that women shall be 
            presumed to be socially and economically disadvantaged 
            individuals for purposes of this subsection.
          (2) General rule.--Except to the extent that the Secretary 
        determines otherwise, not less than 10 percent of the amounts 
       made available for any program under titles I, III, and V of 
       this Act and section 403 of title 23, United States Code, shall 
       be expended through small business concerns owned and controlled 
       by socially and economically disadvantaged individuals.
          (3) <<NOTE: Records.>> Annual listing of disadvantaged 
       business enterprises.--Each State shall annually--
               (A) survey and compile a list of the small business 
            concerns referred to in paragraph (1) and the location 
            of the concerns in the State; and
               (B) <<NOTE: Notification.>> notify the Secretary, in 
            writing, of the percentage of the concerns that are 
            controlled by women, by socially and economically 
            disadvantaged individuals (other than women), and by 
            individuals who are women and are otherwise socially and 
            economically disadvantaged individuals.
          (4) <<NOTE: Guidelines.>> Uniform certification.--The 
       Secretary shall establish minimum uniform criteria for State 
       governments to use in
 
[[Page 119 STAT. 1157]]
 
       certifying whether a concern qualifies for purposes of this 
       subsection. The minimum uniform criteria shall include, but not 
       be limited to, on-site visits, personal interviews, licenses, 
       analysis of stock ownership, listing of equipment, analysis of 
       bonding capacity, listing of work completed, resume of principal 
       owners, financial capacity, and type of work preferred.
          (5) Compliance with court orders.--Nothing in this 
       subsection limits the eligibility of an entity or person to 
       receive funds made available under titles I, III, and V of this 
       Act and section 403 of title 23, United States Code, if the 
       entity or person is prevented, in whole or in part, from 
       complying with paragraph (1) because a Federal court issues a 
       final order in which the court finds that the requirement of 
       paragraph (1), or the program established under paragraph (1), 
       is unconstitutional.
 
SEC. 1102. <<NOTE: 23 USC 104 note.>> OBLIGATION CEILING.
 
    (a) General Limitation.--Subject to subsections (g) and (h), and 
notwithstanding any other provision of law, the obligations for Federal-
aid highway and highway safety construction programs shall not exceed--
         (1) $34,422,400,000 for fiscal year 2005;
          (2) $36,032,343,903 for fiscal year 2006;
          (3) $38,244,210,516 for fiscal year 2007;
          (4) $39,585,075,404 for fiscal year 2008; and
          (5) $41,199,970,178 for fiscal year 2009.
 
    (b) Exceptions.--The limitations under subsection (a) shall not 
apply to obligations under or for--
          (1) section 125 of title 23, United States Code;
          (2) section 147 of the Surface Transportation Assistance Act 
      of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
          (3) section 9 of the Federal-Aid Highway Act of 1981 (Public 
       Law 97-134; 95 Stat. 1701);
          (4) subsections (b) and (j) of section 131 of the Surface 
       Transportation Assistance Act of 1982 (Public Law 97-424; 96 
       Stat. 2119);
          (5) subsections (b) and (c) of section 149 of the Surface 
       Transportation and Uniform Relocation Assistance Act of 1987 
       (Public Law 100-17; 101 Stat. 198);
           (6) sections 1103 through 1108 of the Intermodal Surface 
       Transportation Efficiency Act of 1991 (Public Law 102-240; 105 
       Stat. 2027);
          (7) section 157 of title 23, United States Code (as in 
       effect on June 8, 1998);
          (8) section 105 of title 23, United States Code (as in 
       effect for fiscal years 1998 through 2004, but only in an amount 
       equal to $639,000,000 for each of those fiscal years);
          (9) Federal-aid highway programs for which obligation 
       authority was made available under the Transportation Equity Act 
       for the 21st Century (Public Law 105-178; 112 Stat. 107) or 
       subsequent public laws for multiple years or to remain available 
       until used, but only to the extent that the obligation authority 
       has not lapsed or been used;
          (10) section 105 of title 23, United States Code (but, for 
       each of fiscal years 2005 through 2009, only in an amount equal 
       to $639,000,000 per fiscal year); and
 
[[Page 119 STAT. 1158]]
 
          (11) section 1603 of this Act, to the extent that funds 
       obligated in accordance with that section were not subject to a 
       limitation on obligations at the time at which the funds were 
       initially made available for obligation.
 
    (c) Distribution of Obligation Authority.--For each of fiscal years 
2005 through 2009, the Secretary--
          (1) shall not distribute obligation authority provided by 
       subsection (a) for the fiscal year for--
               (A) amounts authorized for administrative expenses 
            and programs by section 104(a) of title 23, United 
            States Code;
               (B) programs funded from the administrative takedown 
            authorized by section 104(a)(1) of title 23, United 
            States Code (as in effect on the date before the date of 
            enactment of this Act); and
               (C) amounts authorized for the highway use tax 
            evasion program and the Bureau of Transportation 
            Statistics;
          (2) shall not distribute an amount of obligation authority 
       provided by subsection (a) that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
       (other than the Mass Transit Account) for Federal-aid highway 
       and highway safety programs for previous fiscal years the funds 
       for which are allocated by the Secretary;
          (3) shall determine the ratio that--
               (A) the obligation authority provided by subsection 
            (a) for the fiscal year, less the aggregate of amounts 
            not distributed under paragraphs (1) and (2); bears to
               (B) the total of the sums authorized to be 
            appropriated for the Federal-aid highway and highway 
            safety construction programs (other than sums authorized 
            to be appropriated for provisions of law described in 
            paragraphs (1) through (9) of subsection (b) and sums 
            authorized to be appropriated for section 105 of title 
            23, United States Code, equal to the amount referred to 
             in subsection (b)(10) for the fiscal year), less the 
            aggregate of the amounts not distributed under 
            paragraphs (1) and (2);
          (4)(A) shall distribute the obligation authority provided by 
       subsection (a) less the aggregate amounts not distributed under 
       paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
       this Act, sections 117 but individually for each of project 
       numbered 1 through 3676 listed in the table contained in section 
       1702 of this Act and 144(g) of title 23, United States Code, and 
       section 14501 of title 40, United States Code, and, during 
       fiscal year 2005, amounts for programs, projects, and activities 
       authorized by section 117 of title I of division H of the 
       Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 
       Stat. 3212), so that the amount of obligation authority 
       available for each of such sections is equal to the amount 
      determined by multiplying--
               (i) the ratio determined under paragraph (3); by
               (ii) the sums authorized to be appropriated for that 
            section for the fiscal year; and
          (B) shall distribute $2,000,000,000 for section 105 of title 
       23, United States Code;
          (5) shall distribute among the States the obligation 
       authority provided by subsection (a), less the aggregate amounts 
       not distributed under paragraphs (1) and (2), for each
 
[[Page 119 STAT. 1159]]
 
       of the programs that are allocated by the Secretary under this 
       Act and title 23, United States Code (other than to programs to 
       which paragraph (1) applies), by multiplying--
                (A) the ratio determined under paragraph (3); by
               (B) the amounts authorized to be appropriated for 
            each such program for the fiscal year; and
          (6) shall distribute the obligation authority provided by 
       subsection (a), less the aggregate amounts not distributed under 
       paragraphs (1) and (2) and the amounts distributed under 
       paragraphs (4) and (5), for Federal-aid highway and highway 
       safety construction programs (other than the amounts apportioned 
       for the equity bonus program, but only to the extent that the 
       amounts apportioned for the equity bonus program for the fiscal 
       year are greater than $2,639,000,000, and the Appalachian 
       development highway system program) that are apportioned by the 
       Secretary under this Act and title 23, United States Code, in 
       the ratio that--
               (A) amounts authorized to be appropriated for the 
            programs that are apportioned to each State for the 
            fiscal year; bear to
               (B) the total of the amounts authorized to be 
            appropriated for the programs that are apportioned to 
            all States for the fiscal year.
 
    (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary shall, after August 1 of each of fiscal 
years 2005 through 2009--
          (1) revise a distribution of the obligation authority made 
       available under subsection (c) if an amount distributed cannot 
       be obligated during that fiscal year; and
          (2) redistribute sufficient amounts to those States able to 
       obligate amounts in addition to those previously distributed 
       during that fiscal year, giving priority to those States having 
       large unobligated balances of funds apportioned under sections 
       104 and 144 of title 23, United States Code.
 
    (e) Applicability of Obligation Limitations to Transportation 
Research Programs.--
          (1) In general.--Except as provided in paragraph (2), 
       obligation limitations imposed by subsection (a) shall apply to 
       contract authority for transportation research programs carried 
       out under--
               (A) chapter 5 of title 23, United States Code; and
               (B) title V (research title) of this Act.
          (2) Exception.--Obligation authority made available under 
       paragraph (1) shall--
                 (A) remain available for a period of 3 fiscal years; 
            and
               (B) be in addition to the amount of any limitation 
            imposed on obligations for Federal-aid highway and 
            highway safety construction programs for future fiscal 
            years.
 
    (f) Redistribution of Certain Authorized Funds.--
          (1) <<NOTE: Deadline.>> In general.--Not later than 30 days 
       after the date of distribution of obligation authority under 
       subsection (c) for each of fiscal years 2005 through 2009, the 
       Secretary shall distribute to the States any funds that--
               (A) are authorized to be appropriated for the fiscal 
            year for Federal-aid highway programs; and
 
[[Page 119 STAT. 1160]]
 
               (B) the Secretary determines will not be allocated 
            to the States, and will not be available for obligation, 
            in the fiscal year due to the imposition of any 
            obligation limitation for the fiscal year.
          (2) Ratio.--Funds shall be distributed under paragraph (1) 
       in the same ratio as the distribution of obligation authority 
       under subsection (c)(6).
          (3) Availability.--Funds distributed under paragraph (1) 
       shall be available for any purpose described in section 133(b) 
       of title 23, United States Code.
 
    (g) Special Limitation Characteristics.--Obligation authority 
distributed for a fiscal year under subsection (c)(4) for the provision 
specified in subsection (c)(4) shall--
          (1) remain available until used for obligation of funds for 
       that provision; and
          (2) be in addition to the amount of any limitation imposed 
       on obligations for Federal-aid highway and highway safety 
       construction programs for future fiscal years.
 
    (h) Adjustment in Obligation Limit.--
          (1) In general.--Subject to the last sentence of section 
       110(a)(2) of title 23, United States Code, a limitation on 
       obligations imposed by subsection (a) for a fiscal year shall be 
       adjusted by an amount equal to the amount determined in 
       accordance with section 251(b)(1)(B) of the Balanced Budget and 
       Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)(B)) 
       for the fiscal year.
          (2) Distribution.--An adjustment under paragraph (1) shall 
       be distributed in accordance with this section.
 
    (i) Special Rule for Fiscal Year 2005.--
          (1) In general.--Obligation authority distributed under 
       subsection (c)(4) for fiscal year 2005 for sections 1301, 1302, 
       and 1934 of this Act and sections 117 and 144(g) of title 23, 
       United States Code, may be used in fiscal year 2005 for purposes 
       of obligation authority distributed under subsection (c)(6).
          (2) Restoration.--Obligation authority used as described in 
       paragraph (1) shall be restored to the original purpose on the 
       date on which obligation authority is distributed under this 
       section for fiscal year 2006.
 
    (j) High Priority Project Flexibility.--
          (1) In general.--Subject to paragraph (2), obligation 
       authority distributed for a fiscal year under subsection (c)(4) 
       for each project numbered 1 through 3676 listed in the table 
       contained in section 1702 of this Act may be obligated for any 
       other project in such section in the same State.
         (2) Restoration.--Obligation authority used as described in 
       paragraph (1) shall be restored to the original purpose on the 
       date on which obligation authority is distributed under this 
       section for the next fiscal year following obligation under 
       paragraph (1).
 
    (k) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to limit the distribution of obligation authority 
under subsection (c)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 1702 of this 
Act.
 
[[Page 119 STAT. 1161]]
 
SEC. 1103. APPORTIONMENTS.
 
    (a) Administrative Expenses.--
          (1) In general.--Section 104(a) of title 23, United States 
       Code, is amended to read as follows:
 
    ``(a) Administrative Expenses.--
          ``(1) In general.--There are authorized to be appropriated 
       from the Highway Trust Fund (other than the Mass Transit 
       Account) to be made available to the Secretary for 
       administrative expenses of the Federal Highway Administration--
               ``(A) $353,024,000 for fiscal year 2005;
               ``(B) $370,613,540 for fiscal year 2006;
               ``(C) $389,079,500 for fiscal year 2007;
               ``(D) $408,465,500 for fiscal year 2008; and
               ``(E) $423,717,460 for fiscal year 2009.
          ``(2) Purposes.--The funds authorized by this subsection 
       shall be used--
               ``(A) to administer the provisions of law to be 
            financed from appropriations for the Federal-aid highway 
            program and programs authorized under chapter 2; and
               ``(B) to make transfers of such sums as the 
             Secretary determines to be appropriate to the 
            Appalachian Regional Commission for administrative 
            activities associated with the Appalachian development 
            highway system.
          ``(3) Availability.--The funds made available under 
       paragraph (1) shall remain available until expended.''.
          (2) Conforming amendments.--Section 104 of such title is 
       amended--
               (A) in the matter preceding paragraph (1) of 
            subsection (b), by striking ``the deduction authorized 
            by subsection (a) and the set-aside authorized by 
            subsection (f)'' and inserting ``the set-asides 
            authorized by subsections (d) and (f) and section 
            130(e)'';
               (B) in the first sentence of subsection (e)(1), by 
            striking ``, and also'' and all that follows through 
            ``this section''; and
               (C) in subsection (i), by striking ``deducted'' and 
            inserting ``made available''.
 
    (b) Alaska Highway.--Section 104(b)(1)(A) of such title is amended 
by striking ``$18,800,000 for each of fiscal years 1998 through 2002'' 
and inserting ``$30,000,000 for each of fiscal years 2005 through 
2009''.
    (c) National Highway System Component.--Section 104(b)(1)(A) of such 
title is amended by striking ``$36,400,000 for each fiscal year'' and 
inserting ``$40,000,000 for each of fiscal years 2005 and 2006 and 
$50,000,000 for each of fiscal years 2007 through 2009''.
    (d)  CMAQ Apportionment.--Section 104(b)(2) of such title is 
amended--
          (1) in subparagraph (B)--
               (A) by striking clause (i) and inserting the 
            following:
                   ``(i) 1.0 if, at the time of apportionment, 
                the area is a maintenance area;'';
               (B) by striking ``or'' at the end of clause (vi);
               (C) by striking the period at the end of clause 
            (vii) and inserting ``; or''; and
               (D) by adding at the end the following:
 
[[Page 119 STAT. 1162]]
 
                   ``(viii) 1.0 if, at the time of apportionment, 
                 an area is designated as nonattainment for ozone 
                under subpart 1 of part D of title I of such Act 
                (42 U.S.C. 7512 et seq.).''; and
          (2) by striking subparagraph (C) and inserting the 
       following:
               ``(C) Additional adjustment for carbon monoxide 
            areas.--If, in addition to being designated as a 
            nonattainment or maintenance area for ozone as described 
            in section 149(b), any county within the area was also 
            classified under subpart 3 of part D of title I of the 
            Clean Air Act (42 U.S.C. 7512 et seq.) as a 
            nonattainment or maintenance area described in section 
            149(b) for carbon monoxide, the weighted nonattainment 
            or maintenance area population of the county, as 
            determined under clauses (i) through (vi) or clause 
            (viii) of subparagraph (B), shall be further multiplied 
            by a factor of 1.2.''.
 
    (e) Report.--Section 104(j) <<NOTE: 23 USC 104.>> of such title is 
amended by striking ``submit to Congress a report'' and inserting 
``submit to Congress a report, and also make such report available to 
the public in a user-friendly format via the Internet,''.
 
    (f) Operation Lifesaver.--Section 104(d) of such title is amended--
          (1) by striking paragraph (1) and all that follows through 
       the period at the end of paragraph (2)(A) and inserting the 
       following:
          ``(1) Operation lifesaver.--To carry out a public 
       information and education program to help prevent and reduce 
       motor vehicle accidents, injuries, and fatalities and to improve 
       driver performance at railway-highway crossings--
               ``(A) before making an apportionment under 
            subsection (b)(3) for fiscal year 2005, the Secretary 
            shall set aside $560,000 for such fiscal year; and
                ``(B) there is authorized to be appropriated from 
            the Highway Trust Fund (other than the Mass Transit 
            Account) $560,000 for each of fiscal years 2006 through 
            2009.
          ``(2) Railway-highway crossing hazard elimination in high 
       speed rail corridors.--
               ``(A) Funding.--To carry out the elimination of 
            hazards at railway-highway crossings--
                   ``(i) before making an apportionment under 
                subsection (b)(3) for fiscal year 2005, the 
                Secretary shall set aside $5,250,000 for such 
                fiscal year; and
                   ``(ii) there is authorized to be appropriated 
                from the Highway Trust Fund (other than the Mass 
                Transit Account) $7,250,000 for fiscal year 2006, 
                $10,000,000 for fiscal year 2007, $12,500,000 for 
                fiscal year 2008, and $15,000,000 for fiscal year 
                2009.''; and
          (2) in paragraph (2)(E)--
               (A) by striking ``Not less than $250,000 of such 
            set-aside'' and inserting ``Of such set-aside, not less 
             than $250,000 for fiscal year 2005, $1,000,000 for 
            fiscal year 2006, $1,750,000 for fiscal year 2007, 
            $2,250,000 for fiscal year 2008, and $3,000,000 for 
            fiscal year 2009''; and
               (B) by striking ``per fiscal year''.
 
[[Page 119 STAT. 1163]]
 
SEC. 1104. EQUITY BONUS PROGRAM.
 
    (a) In General.--Section 105 of title 23, United States Code, is 
amended to read as follows:
 
``Sec. 105. Equity bonus program
 
    ``(a) Program.--
          ``(1) In general.--Subject to subsections (c) and (d), for 
       each of fiscal years 2005 through 2009, the Secretary shall 
       allocate among the States amounts sufficient to ensure that no 
       State receives a percentage of the total apportionments for the 
       fiscal year for the programs specified in paragraph (2) that is 
       less than the percentage calculated under subsection (b).
          ``(2) Specific programs.--The programs referred to in 
       subsection (a) are--
               ``(A) the Interstate maintenance program under 
            section 119;
               ``(B) the national highway system program under 
            section 103;
               ``(C) the highway bridge replacement and 
            rehabilitation program under section 144;
               ``(D) the surface transportation program under 
            section 133;
               ``(E) the highway safety improvement program under 
            section 148;
               ``(F) the congestion mitigation and air quality 
            improvement program under section 149;
               ``(G) metropolitan planning programs under section 
            104(f);
               ``(H) the high priority projects program under 
            section 117;
               ``(I) the equity bonus program under this section;
               ``(J) the Appalachian development highway system 
            program under subtitle IV of title 40;
               ``(K) the recreational trails program under section 
            206;
               ``(L) the safe routes to school program under 
            section 1404 of the SAFETEA-LU;
               ``(M) the rail-highway grade crossing program under 
            section 130; and
               ``(N) the coordinated border infrastructure program 
            under section 1303 of the SAFETEA-LU.
 
    ``(b) State Percentage.--
          ``(1) In general.--The percentage referred to in subsection 
       (a) for each State shall be--
               ``(A) for each of fiscal years 2005 and 2006, 90.5 
            percent, for fiscal year 2007, 91.5 percent, and for 
            each of fiscal years 2008 and 2009, 92 percent, of the 
            quotient obtained by dividing--
                   ``(i) the estimated tax payments attributable 
                to highway users in the State paid into the 
                Highway Trust Fund (other than the Mass Transit 
                Account) in the most recent fiscal year for which 
                data are available; by
                   ``(ii) the estimated tax payments attributable 
                 to highway users in all States paid into the 
                Highway Trust Fund (other than the Mass Transit 
                Account) for the fiscal year; or
 
[[Page 119 STAT. 1164]]
 
               ``(B) for a State with a total population density of 
            less than 40 persons per square mile (as reported in the 
            decennial census conducted by the Federal Government in 
            2000) and of which at least 1.25 percent of the total 
            acreage is under Federal jurisdiction, based on the 
            report of the General Services Administration entitled 
            `Federal Real Property Profile' and dated September 30, 
            2004, a State with a total population of less than 
            1,000,000 (as reported in that decennial census), a 
            State with a median household income of less than 
            $35,000 (as reported in that decennial census), a State 
            with a fatality rate during 2002 on Interstate highways 
            that is greater than one fatality for each 100,000,000 
            vehicle miles traveled on Interstate highways, or a 
            State with an indexed, State motor fuels excise tax rate 
             higher than 150 percent of the Federal motor fuels 
            excise tax rate as of the date of enactment of the 
            SAFETEA-LU, the greater of--
                   ``(i) the applicable percentage under 
                 subparagraph (A); or
                   ``(ii) the average percentage of the State's 
                share of total apportionments for the period of 
                fiscal years 1998 through 2003 for the programs 
                 specified in paragraph (2).
          ``(2) Specific programs.--The programs referred to in 
       paragraph (1)(B)(ii) are (as in effect on the day before the 
       date of enactment of the SAFETEA-LU)--
               ``(A) the Interstate maintenance program under 
            section 119;
               ``(B) the national highway system program under 
            section 103;
               ``(C) the highway bridge replacement and 
            rehabilitation program under section 144;
               ``(D) the surface transportation program under 
            section 133;
               ``(E) the recreational trails program under section 
            206;
               ``(F) the high priority projects program under 
            section 117;
               ``(G) the minimum guarantee provided under this 
            section;
               ``(H) revenue aligned budget authority amounts 
            provided under section 110;
               ``(I) the congestion mitigation and air quality 
            improvement program under section 149;
               ``(J) the Appalachian development highway system 
            program under subtitle IV of title 40; and
               ``(K) metropolitan planning programs under section 
            104(f).
 
    ``(c) Special Rules.--
          ``(1) Minimum combined allocation.--For each fiscal year, 
       before making the allocations under subsection (a)(1), the 
       Secretary shall allocate among the States amounts sufficient to 
       ensure that no State receives a combined total of amounts 
       allocated under subsection (a)(1), apportionments for the 
       programs specified in subsection (a)(2), and amounts allocated 
       under this subsection, that is less than the following 
       percentages of the average for fiscal years 1998 through 2003 of
 
[[Page 119 STAT. 1165]]
 
       the annual apportionments for the State for all programs 
       specified in subsection (b)(2):
               ``(A) For fiscal year 2005, 117 percent.
               ``(B) For fiscal year 2006, 118 percent.
               ``(C) For fiscal year 2007, 119 percent.
               ``(D) For fiscal year 2008, 120 percent.
               ``(E) For fiscal year 2009, 121 percent.
          ``(2) No negative adjustment.--No negative adjustment shall 
       be made under subsection (a)(1) to the apportionment of any 
       State.
 
    ``(d) Treatment of Funds.--
          ``(1) Programmatic distribution.--The Secretary shall 
       apportion the amounts made available under this section that 
       exceed $2,639,000,000 so that the amount apportioned to each 
       State under this paragraph for each program referred to in 
       subparagraphs (A) through (F) of subsection (a)(2) is equal to 
       the amount determined by multiplying the amount to be 
       apportioned under this paragraph by the ratio that--
                ``(A) the amount of funds apportioned to each State 
            for each program referred to in subparagraphs (A) 
            through (F) of subsection (a)(2) for a fiscal year; 
            bears to
               ``(B) the total amount of funds apportioned to such 
            State for all such programs for such fiscal year.
          ``(2) Remaining distribution.--The Secretary shall 
       administer the remainder of funds made available under this 
       section to the States in accordance with section 104(b)(3), 
       except that paragraphs (1) through (3) of section 133(d) shall 
       not apply to amounts administered pursuant to this paragraph.
 
    ``(e) Metro Planning Set Aside.--Notwithstanding section 104(f), no 
set aside provided for under that section shall apply to funds allocated 
under this section.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) such sums as are necessary to carry out this section for each 
of fiscal years 2005 through 2009.''.
    (b) Clerical Amendment.--The analysis for subchapter I of chapter 1 
of such title is amended by striking the item relating to section 105 
and inserting the following:
 
``105. Equity bonus program.''.
 
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
 
    (a) Allocation.--Section 110(a)(1) of title 23, United States Code, 
is amended--
          (1) by striking ``2000'' and inserting ``2007'';
          (2) by inserting after ``such fiscal year'' the first place 
       it appears: ``and the succeeding fiscal year''.
 
    (b) Reduction.--Section 110(a)(2) of such title is amended--
          (1) by striking ``2000'' and inserting ``2007'';
          (2) by striking ``October 1 of the succeeding'' and 
       inserting ``October 15 of such'';
          (3) by inserting after ``Account)'' the following: ``for 
       such fiscal year and the succeeding fiscal year''; and
          (4) by adding at the end the following: ``No reduction under 
       this paragraph and no reduction under section 1102(h), and no 
       reduction under title VIII or any amendment made by title VIII, 
       of the SAFETEA-LU shall be made for a fiscal year if, as of 
       October 1 of such fiscal year the balance in
 
[[Page 119 STAT. 1166]]
 
       the Highway Trust Fund (other than the Mass Transit Account) 
       exceeds $6,000,000,000.''.
 
    (c) General Distribution.--Section 110(b)(1)(A) <<NOTE: 23 USC 
110.>> of such title is amended--
          (1) by striking ``minimum guarantee'' and inserting ``equity 
       bonus''; and
          (2) by striking ``Transportation Equity Act for the 21st 
       Century'' and inserting ``SAFETEA-LU''.
 
    (d) Addition of Highway Safety Improvement Program.--Section 110(c) 
of such title is amended by inserting ``the highway safety improvement 
program,'' after ``the surface transportation program,''.
    (e) Technical Amendment.--Section 110(b)(1)(A) of such title is 
amended by striking ``for'' the second place it appears.
    (f) <<NOTE: 23 USC 110 note.>> Special Rule.--If the amount 
available pursuant to section 110 of title 23, United States Code, for 
fiscal year 2007 is greater than zero, the Secretary shall--
          (1) determine the total amount necessary to increase each 
       State's rate of return (as determined under section 105(b)(1)(A) 
       of title 23, United States Code) to 92 percent, excluding 
       amounts provided under this paragraph;
          (2) allocate to each State the lesser of--
               (A) the amount computed for that State under 
            paragraph (1); or
               (B) an amount determined by multiplying the total 
            amount calculated under section 110 of title 23, United 
            States Code, for fiscal year 2007 by the ratio that--
                   (i) the amount determined for such State under 
                paragraph (1); bears to
                    (ii) the total amount computed for all States 
                in paragraph (1); and
          (3) allocate amounts remaining in excess of the amounts 
       allocated in paragraph (2) to all States in accordance with 
       section 110 of title 23, United States Code.
 
SEC. 1106. FUTURE INTERSTATE SYSTEM ROUTES.
 
    (a) Extension of Date.--Section 103(c)(4)(B)(ii) of title 23, United 
States Code, is amended by striking ``12'' and inserting ``25''.
    (b) Removal of Designation.--Section 103(c)(4)(B)(iii) of such title 
is amended--
          (1) in subclause (I) by striking ``in the agreement between 
       the Secretary and the State or States''; and
          (2) by adding at the end the following:
                           ``(III) Existing agreements.--An 
                       agreement described in clause (ii) that 
                       is entered into before the date of 
                       enactment of this subclause shall be 
                       deemed to include the 25-year time 
                       limitation described in that clause, 
                       regardless of any earlier construction 
                       completion date in the agreement.''.
 
SEC. 1107. METROPOLITAN PLANNING.
 
    Section 104(f) of title 23, United States Code, is amended--
          (1) by striking paragraph (1) and inserting the following:
          ``(1) Set-aside.--On October 1 of each fiscal year, the 
       Secretary shall set aside 1.25 percent of the funds authorized 
       to be appropriated for the Interstate maintenance, national 
       highway system, surface transportation, congestion mitigation
 
[[Page 119 STAT. 1167]]
 
       and air quality improvement, and highway bridge replacement and 
       rehabilitation programs authorized under this title to carry out 
       the requirements of section 134.'';
          (2) in paragraph (2) by striking ``per centum'' and 
       inserting ``percent'';
          (3) in paragraph (3)--
               (A) by striking ``The funds'' and inserting the 
            following:
               ``(A) In general.--The funds''; and
               (B) by striking ``These funds'' and all that follows 
            and inserting the following:
               ``(B) Unused funds.--Any funds that are not used to 
            carry out section 134 may be made available by a 
            metropolitan planning organization to the State to fund 
            activities under section 135.''; and
          (4) in paragraph (4)--
               (A) by striking ``The distribution'' and inserting 
            the following:
               ``(A) In general.--The distribution''; and
               (B) by adding at the end the following:
               ``(B) <<NOTE: Deadline.>> Reimbursement.--Not later 
            than 30 days after the date of receipt by a State of a 
            request for reimbursement of expenditures made by a 
            metropolitan planning organization for carrying out 
            section 134, the State shall reimburse, from funds 
            distributed under this paragraph to the metropolitan 
              planning organization by the State, the metropolitan 
            planning organization for those expenditures.''.
 
SEC. 1108. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.
 
    Section 104(k) of title 23, United States Code, is amended to read 
as follows:
    ``(k) Transfer of Highway and Transit Funds.--
          ``(1) Transfer of highway funds for transit projects.--
               ``(A) In general.--Subject to subparagraph (B), 
            funds made available for transit projects or 
            transportation planning under this title may be 
            transferred to and administered by the Secretary in 
            accordance with chapter 53 of title 49.
               ``(B) Non-federal share.--The provisions of this 
            title relating to the non-Federal share shall apply to 
            the funds transferred under subparagraph (A).
          ``(2) Transfer of transit funds for highway projects.--
               ``(A) In general.--Subject to subparagraph (B), 
            funds made available for highway projects or 
            transportation planning under chapter 53 of title 49 may 
            be transferred to and administered by the Secretary in 
            accordance with this title.
               ``(B) <<NOTE: Applicability.>> Non-federal share.--
            The provisions of chapter 53 of title 49 relating to the 
            non-Federal share shall apply to funds transferred under 
            subparagraph (A).
          ``(3) Transfer of funds among states or to federal highway 
       administration.--
               ``(A) In general.--Subject to subparagraphs (B) and 
            (C), the Secretary may, at the request of a State, 
             transfer funds apportioned or allocated under this title 
            to the State to another State, or to the Federal Highway 
            Administration, for the purpose of funding one or more 
            projects that
 
[[Page 119 STAT. 1168]]
 
            are eligible for assistance with funds so apportioned or 
            allocated.
               ``(B) Apportionment.--The transfer shall have no 
            effect on any apportionment of funds to a State under 
            this section or section 105 or 144.
               ``(C) Surface transportation program.--Funds that 
            are apportioned or allocated to a State under subsection 
            (b)(3) and attributed to an urbanized area of a State 
            with a population of over 200,000 individuals under 
            section 133(d)(3) may be transferred under this 
            paragraph only if the metropolitan planning organization 
            designated for the area concurs, in writing, with the 
            transfer request.
          ``(4) Transfer of obligation authority.--Obligation 
       authority for funds transferred under this subsection shall be 
       transferred in the same manner and amount as the funds for the 
       projects that are transferred under this subsection.''.
 
SEC. 1109. RECREATIONAL TRAILS.
 
    (a) Recreational Trails Program Formula.--Section 104(h) of title 
23, United States Code, is amended--
          (1) in paragraph (1) by striking the first sentence and 
       inserting the following: ``Before apportioning sums authorized 
       to be appropriated to carry out the recreational trails program 
       under section 206, the Secretary shall deduct for 
       administrative, research, technical assistance, and training 
       expenses for such program $840,000 for each of fiscal years 2005 
       through 2009.''; and
          (2) in paragraph (2) by striking ``After'' and all that 
       follows through ``remainder of the sums'' and inserting ``The 
       Secretary shall apportion the sums''.
 
    (b) Permissible Uses.--Section 206(d)(2) of such title is amended to 
read as follows:
          ``(2) Permissible uses.--Permissible uses of funds 
      apportioned to a State for a fiscal year to carry out this 
       section include--
               ``(A) maintenance and restoration of existing 
            recreational trails;
               ``(B) development and rehabilitation of trailside 
            and trailhead facilities and trail linkages for 
            recreational trails;
               ``(C) purchase and lease of recreational trail 
            construction and maintenance equipment;
               ``(D) construction of new recreational trails, 
            except that, in the case of new recreational trails 
            crossing Federal lands, construction of the trails shall 
            be--
                   ``(i) permissible under other law;
                   ``(ii) necessary and recommended by a 
                statewide comprehensive outdoor recreation plan 
                that is required by the Land and Water 
                Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et 
                seq.) and that is in effect;
                   ``(iii) approved by the administering agency 
                of the State designated under subsection (c)(1); 
                and
                    ``(iv) approved by each Federal agency having 
                jurisdiction over the affected lands under such 
                terms and conditions as the head of the Federal 
                agency determines to be appropriate, except that 
                the approval shall be contingent on compliance by 
                the Federal agency with all applicable laws, 
                including the National
 
[[Page 119 STAT. 1169]]
 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 
                et seq.), the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1600 et 
                seq.), and the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1701 et seq.);
               ``(E) acquisition of easements and fee simple title 
            to property for recreational trails or recreational 
            trail corridors;
                ``(F) assessment of trail conditions for 
            accessibility and maintenance;
               ``(G) development and dissemination of publications 
            and operation of educational programs to promote safety 
             and environmental protection, (as those objectives 
            relate to one or more of the use of recreational trails, 
            supporting non-law enforcement trail safety and trail 
            use monitoring patrol programs, and providing trail-
            related training), but in an amount not to exceed 5 
            percent of the apportionment made to the State for the 
            fiscal year; and
               ``(H) payment of costs to the State incurred in 
            administering the program, but in an amount not to 
            exceed 7 percent of the apportionment made to the State 
            for the fiscal year.''.
 
    (c) Use of Apportionments.--Section 206(d)(3) of such title is 
amended--
          (1) by striking subparagraph (C);
          (2) by redesignating subparagraph (D) as subparagraph (C); 
       and
          (3) in subparagraph (C) (as so redesignated) by striking 
       ``(2)(F)'' and inserting ``(2)(H)''.
 
    (d) Federal Share.--Section 206(f) of such title is amended--
          (1) in paragraph (1)--
               (A) by inserting ``and the Federal share of the 
            administrative costs of a State'' after ``project''; and
               (B) by striking ``not exceed 80 percent'' and 
            inserting ``be determined in accordance with section 
            120(b)'';
          (2) in paragraph (2)(A) by striking ``80 percent of'' and 
       inserting ``the amount determined in accordance with section 
       120(b) for'';
          (3) in paragraph (2)(B) by inserting ``sponsoring the 
       project'' after ``Federal agency'';
          (4) by striking paragraph (5);
          (5) by redesignating paragraph (4) as paragraph (5);
          (6) in paragraph (5) (as so redesignated) by striking ``80 
       percent'' and inserting ``the Federal share as determined in 
       accordance with section 120(b)''; and
          (7) by inserting after paragraph (3) the following:
          ``(4) Use of recreational trails program funds to match 
       other federal program funds.--Notwithstanding any other 
       provision of law, funds made available under this section may be 
       used toward the non-Federal matching share for other Federal 
       program funds that are--
               ``(A) expended in accordance with the requirements 
            of the Federal program relating to activities funded and 
            populations served; and
               ``(B) expended on a project that is eligible for 
            assistance under this section.''.
 
[[Page 119 STAT. 1170]]
 
    (e) Planning and Environmental Assessment Costs Incurred Prior to 
Project Approval.--Section 206(h)(1) of such title is amended by adding 
at the end the following:
               ``(C) Planning and environmental assessment costs 
            incurred prior to project approval.--The Secretary may 
            allow preapproval planning and environmental compliance 
            costs to be credited toward the non-Federal share of the 
            cost of a project described in subsection (d)(2) (other 
            than subparagraph (H)) in accordance with subsection 
            (f), limited to costs incurred less than 18 months prior 
            to project approval.''.
 
    (f) <<NOTE: Contracts. 23 USC 206 note.>> Encouragement of Use of 
Youth Conservation or Service Corps.--The Secretary shall encourage the 
States to enter into contracts and cooperative agreements with qualified 
youth conservation or service corps to perform construction and 
maintenance of recreational trails under section 206 of title 23, United 
States Code.
 
SEC. 1110. TEMPORARY TRAFFIC CONTROL DEVICES.
 
    (a) Standards.--Section 109(e) of title 23, United States Code, is 
amended--
          (1) by striking ``(e) No funds'' and inserting the 
       following:
 
    ``(e) Installation of Safety Devices.--
          ``(1) Highway and railroad grade crossings and 
       drawbridges.--No funds''; and
          (2) by adding at the end the following:
          ``(2) Temporary traffic control devices.--No funds shall be 
       approved for expenditure on any Federal-aid highway, or highway 
      affected under chapter 2, unless proper temporary traffic 
       control devices to improve safety in work zones will be 
       installed and maintained during construction, utility, and 
       maintenance operations on that portion of the highway with 
       respect to which such expenditures are to be made. Installation 
       and maintenance of the devices shall be in accordance with the 
       Manual on Uniform Traffic Control Devices.''.
 
    (b) Letting of Contracts.--Section 112 of such title is amended--
          (1) by striking subsection (f);
          (2) by redesignating subsection (g) as subsection (f); and
          (3) by adding at the end the following:
 
    ``(g) Temporary Traffic Control Devices.--
          ``(1) Issuance of regulations.--The Secretary, after 
       consultation with appropriate Federal and State officials, shall 
       issue regulations establishing the conditions for the 
       appropriate use of, and expenditure of funds for, uniformed law 
       enforcement officers, positive protective measures between 
       workers and motorized traffic, and installation and maintenance 
       of temporary traffic control devices during construction, 
       utility, and maintenance operations.
          ``(2) Effects of regulations.--Based on regulations issued 
       under paragraph (1), a State shall--
               ``(A) develop separate pay items for the use of 
            uniformed law enforcement officers, positive protective 
            measures between workers and motorized traffic, and 
            installation and maintenance of temporary traffic 
            control devices during construction, utility, and 
            maintenance operations; and
 
[[Page 119 STAT. 1171]]
 
               ``(B) incorporate such pay items into contract 
            provisions to be included in each contract entered into 
            by the State with respect to a highway project to ensure 
            compliance with section 109(e)(2).
          ``(3) Limitation.--Nothing in the regulations shall prohibit 
       a State from implementing standards that are more stringent than 
       those required under the regulations.
          ``(4) Positive protective measures defined.--In this 
       subsection, the term `positive protective measures' means 
       temporary traffic barriers, crash cushions, and other strategies 
       to avoid traffic accidents in work zones, including full road 
       closures.''.
 
    (c) Clarification of Date.--Section 109(g) of such title is amended 
in the first sentence by striking ``The Secretary'' and all that follows 
through ``of 1970'' and inserting ``Not later than January 30, 1971, the 
Secretary shall issue''.
 
SEC. 1111. SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.
 
    (a) In General.--Section 118(c)(1) of title 23, United States Code, 
is amended by striking ``$50,000,000'' and all that follows through 
``2003'' and inserting ``$100,000,000 for each of fiscal years 2005 
through 2009''.
    (b) Technical Amendments.--
          (1) Section 116.--Section 116(b) of such title is amended by 
       striking ``highway department'' and inserting ``transportation 
       department''.
          (2) Section 120.--Section 120(e) of such title is amended in 
       the first sentence by striking ``such system'' and inserting 
       ``such highway''.
          (3) Section 127.--Section 127(a) of such title is amended by 
       striking ``118(b)(1)'' and inserting ``118(b)(2)''.
          (4) Bicycle and pedestrian safety grants.--Section 1212(i) 
       of the Transportation Equity Act for the 21st Century (112 Stat. 
       196-197) <<NOTE: 23 USC 402 note.>> is amended by redesignating 
       subparagraphs (D) and (E) as paragraphs (2) and (3), 
       respectively, and moving such paragraphs 2 ems to the left.
 
SEC. 1112. EMERGENCY RELIEF.
 
    There are authorized to be appropriated for each fiscal year such 
sums as may be necessary for allocations by the Secretary described in 
subsections (a) and (b) of section 125 of title 23, United States Code, 
if the total of those allocations in such fiscal year are in excess of 
$100,000,000.
 
SEC. 1113. SURFACE TRANSPORTATION PROGRAM.
 
    (a) Program Eligibility.--Section 133(b) of title 23, United States 
Code, is amended--
          (1) in paragraph (6) by inserting ``, including advanced 
       truck stop electrification systems'' before the period at the 
       end; and
          (2) by inserting after paragraph (11) the following:
          ``(12) Projects relating to intersections that--
               ``(A) have disproportionately high accident rates;
               ``(B) have high levels of congestion, as evidenced 
             by--
                   ``(i) interrupted traffic flow at the 
                intersection; and
 
[[Page 119 STAT. 1172]]
 
                   ``(ii) a level of service rating that is not 
                better than `F' during peak travel hours, 
                calculated in accordance with the Highway Capacity 
                Manual issued by the Transportation Research 
                Board; and
               ``(C) are located on a Federal-aid highway.''.
 
    (b) Repeal of Safety Programs Set-aside.--
          (1) Repeal.--Section 133(d)(1) of such title is repealed.
          (2) Technical amendments.--Section 133(d) of such title is 
       amended--
               (A) in the first sentence of paragraph (3)(A)--
                   (i) by striking ``subparagraphs (C) and (D)'' 
                and inserting ``subparagraph (C)''; and
                   (ii) by striking ``80 percent'' and inserting 
                 ``90 percent'';
               (B) in paragraph (3)(B) by striking ``tobe'' and 
            inserting ``to be''; and
               (C) in paragraph (3)--
                   (i) by striking subparagraph (C);
                    (ii) by redesignating subparagraphs (D) and 
                (E) as subparagraphs (C) and (D), respectively; 
                and
                   (iii) in subparagraph (C) (as redesignated by 
                clause (ii)) by adding a period at the end.
          (3) <<NOTE: 23 USC 133 note.>> Effective date.--Paragraph 
       (1) and paragraph (2)(A)(ii) of this subsection shall take 
       effect October 1, 2005.
 
    (c) Transportation Enhancement Activities.--Effective October 1, 
2005, section 133(d)(2) of such title is amended by striking ``10 
percent'' and all that follows through ``section 104(b)(3) for a fiscal 
year'' and inserting the following: ``In a fiscal year, the greater of 
10 percent of the funds apportioned to a State under section 104(b)(3) 
for such fiscal year, or the amount set aside under this paragraph with 
respect to the State for fiscal year 2005,''.
    (d) Obligation Authority.--Section 133(f)(1) of such title is 
amended--
          (1) by striking ``1998 through 2000'' and inserting ``2004 
       through 2006''; and
          (2) by striking ``2001 through 2003'' and inserting ``2007 
       through 2009''.
 
    (e) <<NOTE: Effective date.>> Technical Correction.--Effective June 
9, 1998, section 1108(e) of the Transportation Equity Act for the 21st 
Century (112 Stat. 140) <<NOTE: 23 USC 133.>> is amended by striking 
``Section 133'' and inserting ``Section 133(f)''.
 
SEC. 1114. HIGHWAY BRIDGE PROGRAM.
 
    (a) Finding and Declaration.--Section 144(a) of title 23, United 
States Code, is amended to read as follows:
    ``(a) Finding and Declaration.--Congress finds and declares that it 
is in the vital interest of the United States that a highway bridge 
program be carried out to enable States to improve the condition of 
their highway bridges over waterways, other topographical barriers, 
other highways, and railroads through replacement and rehabilitation of 
bridges that the States and the Secretary determine are structurally 
deficient or functionally obsolete and through systematic preventive 
maintenance of bridges.''.
    (b) Participation.--Section 144(d) of such title is amended to read 
as follows:
    ``(d) Participation.--
 
[[Page 119 STAT. 1173]]
 
          ``(1) Bridge replacement and rehabilitation.--On application 
       by a State or States to the Secretary for assistance for a 
       highway bridge that has been determined to be eligible for 
       replacement or rehabilitation under subsection (b) or (c), the 
       Secretary may approve Federal participation in--
               ``(A) replacing the bridge with a comparable 
            facility; or
               ``(B) rehabilitating the bridge.
          ``(2) Types of assistance.--On application by a State or 
       States to the Secretary, the Secretary may approve Federal 
       assistance for any of the following activities for a highway 
       bridge that has been determined to be eligible for replacement 
       or rehabilitation under subsection (b) or (c):
               ``(A) Painting.
               ``(B) Seismic retrofit.
               ``(C) Systematic preventive maintenance.
               ``(D) Installation of scour countermeasures.
               ``(E) Application of calcium magnesium acetate, 
            sodium acetate/formate, or other environmentally 
            acceptable, minimally corrosive anti-icing and de-icing 
            compositions.
          ``(3) Basis for determination.--The Secretary shall 
       determine the eligibility of highway bridges for replacement or 
       rehabilitation for each State based on structurally deficient 
       and functionally obsolete highway bridges in the State.
          ``(4) Special rule for preventive maintenance.--
       Notwithstanding any other provision of this subsection, a State 
       may carry out a project under paragraph (2)(B), (2)(C), or 
       (2)(D) for a highway bridge without regard to whether the bridge 
      is eligible for replacement or rehabilitation under this 
       section.''.
 
    (c) Apportionment of Funds.--Section 144(e) of such title is 
amended--
          (1) in the third sentence by striking ``square footage'' and 
       inserting ``deck area'';
          (2) in the fourth sentence by striking ``the total cost of 
       deficient bridges in a State and in all States shall be reduced 
       by the total cost of any highway bridges constructed under 
       subsection (m) in such State, relating to replacement of 
       destroyed bridges and ferryboat services, and,''; and
          (3) in the seventh sentence by striking ``for the same 
       period as funds apportioned for projects on the Federal-aid 
       primary system under this title'' and inserting ``for the period 
       specified in section 118(b)(2)''.
 
    (d) Off-System Bridges.--Section 144(g)(3) of such title is amended 
to read as follows:
          ``(3) Off-system bridges.--
               ``(A) In general.--Not less than 15 percent of the 
            amount apportioned to each State in each of fiscal years 
            2005 through 2009 shall be expended for projects to 
            replace, rehabilitate, paint, perform systematic 
             preventive maintenance or seismic retrofit of, or apply 
            calcium magnesium acetate, sodium acetate/formate, or 
            other environmentally acceptable, minimally corrosive 
            anti-icing and de-icing compositions to, or install 
            scour countermeasures to, highway bridges located on 
            public roads, other than those on a
 
[[Page 119 STAT. 1174]]
 
            Federal-aid highway, or to complete the Warwick 
            Intermodal Station (including the construction of a 
            people mover between the Station and the T.F. Green 
            Airport).
               ``(B) Reduction of expenditures.--The Secretary, 
            after consultation with State and local officials, may 
            reduce the requirement for expenditure for bridges not 
            on a Federal-aid highway under subparagraph (A) with 
            respect to the State if the Secretary determines that 
             the State has inadequate needs to justify the 
            expenditure.''.
 
    (e) Bridge Set-aside.--
          (1) Fiscal year 2005.--Section 144(g)(1)(C) <<NOTE: 23 USC 
       144.>> of such title is amended--
               (A) in the subsection heading by striking ``2003'' 
            and inserting ``2005''; and
               (B) in the first sentence by striking ``2003'' and 
            inserting ``2005''.
          (2) <<NOTE: Effective date.>> Fiscal years 2006 through 
       2009.--Effective October 1, 2005, section 144(g) of such title 
       (as amended by subsection (d) of this section) is amended--
               (A) by striking the subsection designation and all 
            that follows through the period at the end of paragraph 
            (2) and inserting the following:
 
    ``(g) Bridge Set-asides.--
          ``(1) Designated projects.--
               ``(A) In general.--Of the amounts authorized to be 
            appropriated to carry out the bridge program under this 
            section for each of the fiscal years 2006 through 2009, 
            all but $100,000,000 shall be apportioned as provided in 
            subsection (e). Such $100,000,000 shall be available as 
            follows:
                   ``(i) $12,500,000 per fiscal year for the 
                Golden Gate Bridge.
                   ``(ii) $18,750,000 per fiscal year for the 
                construction of a bridge joining the Island of 
                Gravina to the community of Ketchikan in Alaska.
                   ``(iii) $12,500,000 per fiscal year to the 
                State of Nevada for construction of a replacement 
                  of the federally owned bridge over the Hoover Dam 
                in the Lake Mead National Recreation Area.
                   ``(iv) $12,500,000 per fiscal year to the 
                State of Missouri for construction of a structure 
                over the Mississippi River to connect the City of 
                St. Louis, Missouri, to the State of Illinois.
                   ``(v) $12,500,000 per fiscal year for 
                replacement and reconstruction of State maintained 
                bridges in the State of Oklahoma.
                   ``(vi) $4,500,000 per fiscal year for 
                replacement of the Missisquoi Bay Bridge, Vermont.
                    ``(vii) $8,000,000 per fiscal year for 
                replacement and reconstruction of State-maintained 
                bridges in the State of Vermont.
                   ``(viii) $8,750,000 per fiscal year for 
                 design, planning, and right-of-way acquisition for 
                the Interstate Route 74 bridge from Bettendorf, 
                Iowa, to Moline, Illinois.
 
[[Page 119 STAT. 1175]]
 
                   ``(ix) $10,000,000 per fiscal year for 
                replacement and reconstruction of State-maintained 
                bridges in the State of Oregon.
               ``(B) Gravina access scoring.--The project described 
            in subparagraph (A)(ii) shall not be counted for 
            purposes of the reduction set forth in the fourth 
            sentence of subsection (e).
               ``(C) Period of availability.--Amounts made 
            available to a State under this paragraph shall remain 
            available until expended.'';
               (B) by striking paragraph (2); and
               (C) by redesignating paragraph (3) as paragraph (2).
 
    (f) Continuation of Report; Federal Share.--Section 144 of such 
title is amended by adding at the end the following:
    ``(r) <<NOTE: Federal Register, publication.>> Annual Materials 
Report on New Bridge Construction and Bridge Rehabilitation.--Not later 
than 1 year after the date of enactment of this subsection, and annually 
thereafter, the Secretary shall publish in the Federal Register a report 
describing construction materials used in new Federal-aid bridge 
construction and bridge rehabilitation projects.
 
    ``(s) Federal Share.--
          ``(1) In general.--Except as provided under paragraph (2), 
       the Federal share of the cost of a project payable from funds 
       made available to carry out this section shall be determined 
       under section 120(b).
          ``(2) Interstate system.--The Federal share of the cost of a 
       project on the Interstate System payable from funds made 
       available to carry out this section shall be determined under 
       section 120(a).''.
 
    (g) Technical Amendment.--Section 144(i) of such title is amended by 
striking ``at the same time'' and all that follows through ``Congress''.
 
SEC. 1115. HIGHWAY USE TAX EVASION PROJECTS.
 
    (a) Eligible Activities.--
          (1) Intergovernmental enforcement efforts.--Section 
       143(b)(2) of title 23, United States Code, is amended by 
       inserting before the period the following: ``; except that of 
       funds so made available for each of fiscal years 2005 through 
       2009, $2,000,000 shall be available only to carry out 
        intergovernmental enforcement efforts, including research and 
       training''.
          (2) Conditions on funds allocated to internal revenue 
       service.--Section 143(b)(3) of such title is amended by striking 
       ``The'' and inserting ``Except as otherwise provided in this 
       section, the''.
          (3) Limitation on use of funds.--Section 143(b)(4) of such 
       title is amended--
               (A) by striking ``and'' at the end of subparagraph 
            (F);
               (B) by striking the period at the end of 
            subparagraph (G) and inserting a semicolon; and
               (C) by adding at the end the following:
               ``(H) to support efforts between States and Indian 
            tribes to address issues relating to State motor fuel 
            taxes; and
               ``(I) to analyze and implement programs to reduce 
            tax evasion associated with foreign imported fuel.''.
          (4) Reports.--Section 143(b) of such title is amended by 
       adding at the end the following:
 
[[Page 119 STAT. 1176]]
 
          ``(9) Reports.--The Commissioner of the Internal Revenue 
       Service and each State shall submit to the Secretary an annual 
       report that describes the projects, examinations, and criminal 
       investigations funded by and carried out under this section. 
       Such report shall specify the estimated annual yield from such 
       projects, examinations, and criminal investigations.''.
 
    (b) Excise Fuel Reporting System.--Section 143(c) of such title is 
amended to read as follows:
    ``(c) Excise Tax Fuel Reporting.--
          ``(1) <<NOTE: Deadline. Memorandum.>> In general.--Not later 
       than 90 days after the date of enactment of the SAFETEA-LU, the 
       Secretary shall enter into a memorandum of understanding with 
       the Commissioner of the Internal Revenue Service for the 
       purposes of--
               ``(A) the additional development of capabilities 
            needed to support new reporting requirements and 
            databases established under such Act and the American 
            Jobs Creation Act of 2004 (Public Law 108-357), and such 
             other reporting requirements and database development as 
            may be determined by the Secretary, in consultation with 
            the Commissioner of the Internal Revenue Service, to be 
            useful in the enforcement of fuel excise taxes, 
            including provisions recommended by the Fuel Tax 
            Enforcement Advisory Committee,
               ``(B) the completion of requirements needed for the 
            electronic reporting of fuel transactions from carriers 
            and terminal operators,
               ``(C) the operation and maintenance of an excise 
            summary terminal activity reporting system and other 
            systems used to provide strategic analyses of domestic 
            and foreign motor fuel distribution trends and patterns,
               ``(D) the collection, analysis, and sharing of 
            information on fuel distribution and compliance or 
            noncompliance with fuel taxes, and
               ``(E) the development, completion, operation, and 
            maintenance of an electronic claims filing system and 
            database and an electronic database of heavy vehicle 
            highway use payments.
          ``(2) Elements of memorandum of understanding.--The 
       memorandum of understanding shall provide that--
               ``(A) the Internal Revenue Service shall develop and 
            maintain any system under paragraph (1) through 
            contracts,
               ``(B) any system under paragraph (1) shall be under 
            the control of the Internal Revenue Service, and
               ``(C) any system under paragraph (1) shall be made 
            available for use by appropriate State and Federal 
            revenue, tax, and law enforcement authorities, subject 
            to section 6103 of the Internal Revenue Code of 1986.
          ``(3) Funding.--Of the amounts made available to carry out 
       this section for each of fiscal years 2005 through 2009, the 
       Secretary shall make available to the Internal Revenue Service 
       such funds as may be necessary to complete, operate, and 
       maintain the systems under paragraph (1) in accordance with this 
       subsection.
          ``(4) Reports.--Not later than September 30 of each year, 
       the Commissioner of the Internal Revenue Service shall provide
 
[[Page 119 STAT. 1177]]
 
       reports to the Secretary on the status of the Internal Revenue 
       Service projects funded under this subsection.''.
 
    (c) Allocations.--Of the amounts authorized to be appropriated under 
section 1101(a)(21) of this Act for highway use tax evasion projects for 
each of the fiscal years 2005 through 2009, the following amounts shall 
be allocated to the Internal Revenue Service to carry out section 143 of 
title 23, United States Code:
          (1) $5,000,000 for fiscal year 2005.
          (2) $44,800,000 for fiscal year 2006.
          (3) $53,300,000 for fiscal year 2007.
          (4) $12,000,000 for each of fiscal years 2008 and 2009.
 
SEC. 1116. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
 
    (a) Apportionment.--The Secretary shall apportion funds made 
available by section 1101(a)(7) of this Act for fiscal years 2005 
through 2009 among the States based on the latest available cost to 
complete estimate for the Appalachian development highway system under 
section 14501 of title 40, United States Code.
    (b) Applicability of Title 23.--Funds made available by section 
1101(a)(7) of this Act for the Appalachian development highway system 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code; except 
that the Federal share of the cost of any project under this section 
shall be determined in accordance with section 14501 of title 40, United 
States Code, and such funds shall be available to construct highways and 
access roads under such section and shall remain available until 
expended.
    (c) Use of Toll Credits.--Section 120(j)(1) of title 23, United 
States Code, is amended by inserting ``and the Appalachian development 
highway system program under section 14501 of title 40'' after ``section 
125''.
 
SEC. 1117. TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION PROGRAM.
 
    (a) <<NOTE: 23 USC 101 note.>> Establishment.--In cooperation with 
appropriate State, tribal, regional, and local governments, the 
Secretary shall establish a comprehensive program to address the 
relationships among transportation, community, and system preservation 
plans and practices and identify private sector-based initiatives to 
improve such relationships.
 
    (b) Purpose.--Through the program under this section, the Secretary 
shall facilitate the planning, development, and implementation of 
strategies to integrate transportation, community, and system 
preservation plans and practices that address one or more of the 
following:
          (1) Improve the efficiency of the transportation system of 
       the United States.
          (2) Reduce the impacts of transportation on the environment.
          (3) Reduce the need for costly future investments in public 
       infrastructure.
          (4) Provide efficient access to jobs, services, and centers 
       of trade.
          (5) Examine community development patterns and identify 
       strategies to encourage private sector development that achieves 
      the purposes identified in paragraphs (1) through (4).
 
    (c) General Authority.--The Secretary shall allocate funds made 
available to carry out this section to States, metropolitan
 
[[Page 119 STAT. 1178]]
 
planning organizations, local governments, and tribal governments to 
carry out eligible projects to integrate transportation, community, and 
system preservation plans and practices.
    (d) Eligibility.--A project described in subsection (c) is an 
eligible project under this section if the project--
          (1) is eligible for assistance under title 23 or chapter 53 
       of title 49, United States Code; or
          (2) is to conduct any other activity relating to 
       transportation, community, and system preservation that the 
       Secretary determines to be appropriate, including corridor 
       preservation activities that are necessary to implement one or 
       more of the following:
               (A) Transit-oriented development plans.
               (B) Traffic calming measures.
               (C) Other coordinated transportation, community, and 
            system preservation practices.
 
    (e) Criteria.--In allocating funds made available to carry out this 
section, the Secretary shall give priority consideration to applicants 
that--
          (1) have instituted preservation or development plans and 
       programs that--
               (A) are coordinated with State and local 
            preservation or development plans, including transit-
            oriented development plans;
               (B) promote cost-effective and strategic investments 
            in transportation infrastructure that minimize adverse 
            impacts on the environment; or
                (C) promote innovative private sector strategies;
          (2) have instituted other policies to integrate 
       transportation, community, and system preservation practices, 
       such as--
               (A) spending policies that direct funds to high-
            growth areas;
               (B) urban growth boundaries to guide metropolitan 
            expansion;
               (C) ``green corridors'' programs that provide access 
            to major highway corridors for areas targeted for 
            efficient and compact development; or
               (D) other similar programs or policies as determined 
            by the Secretary;
          (3) have preservation or development policies that include a 
       mechanism for reducing potential impacts of transportation 
       activities on the environment;
          (4) demonstrate a commitment to public and private 
       involvement, including the involvement of nontraditional 
       partners in the project team; and
          (5) examine ways to encourage private sector investments 
       that address the purposes of this section.
 
    (f) Equitable Distribution.--In allocating funds to carry out this 
section, the Secretary shall ensure the equitable distribution of funds 
to a diversity of populations and geographic regions.
    (g) Funding.--
          (1) In general.--There is authorized to be appropriated from 
       the Highway Trust Fund (other than the Mass Transit Account) to 
       carry out this section $25,000,000 for fiscal year 2005 and 
       $61,250,000 for each of fiscal years 2006 through 2009.
 
[[Page 119 STAT. 1179]]
 
          (2) Contract authority.--Funds made available to carry out 
       this section shall be available for obligation in the same 
       manner as if the funds were apportioned under chapter 1 of title 
       23, United States Code; except that such funds shall not be 
       transferable, and the Federal share for projects and activities 
       carried out with such funds shall be determined in accordance 
       with section 120(b) of title 23, United States Code.
 
    (h) Conforming Amendment.--Section 1221 of the Transportation Equity 
Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 221) is 
repealed.
 
SEC. 1118. TERRITORIAL HIGHWAY PROGRAM.
 
    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by striking section 215 and inserting the following:
 
``Sec. 215. Territorial highway program
 
    ``(a) Definitions.--In this section, the following definitions 
apply:
          ``(1) Program.--The term `program' means the territorial 
       highway program established under subsection (b).
          ``(2) Territory.--The term `territory' means any of the 
       following territories of the United States:
               ``(A) American Samoa.
               ``(B) The Commonwealth of the Northern Mariana 
            Islands.
               ``(C) Guam.
                ``(D) The United States Virgin Islands.
 
    ``(b) Program.--
          ``(1) In general.--Recognizing the mutual benefits that will 
       accrue to the territories and the United States from the 
       improvement of highways in the territories, the Secretary may 
       carry out a program to assist each government of a territory in 
       the construction and improvement of a system of arterial and 
       collector highways, and necessary inter-island connectors, that 
       is--
                ``(A) designated by the Governor or chief executive 
            officer of each territory; and
               ``(B) approved by the Secretary.
          ``(2) Federal share.--The Federal share of Federal financial 
       assistance provided to territories under this section shall be 
       in accordance with section 120(h).
 
    ``(c) Technical Assistance.--
          ``(1) In general.--To continue a long-range highway 
       development program, the Secretary may provide technical 
       assistance to the governments of the territories to enable the 
       territories to, on a continuing basis--
               ``(A) engage in highway planning;
               ``(B) conduct environmental evaluations;
                ``(C) administer right-of-way acquisition and 
            relocation assistance programs; and
               ``(D) design, construct, operate, and maintain a 
            system of arterial and collector highways, including 
             necessary inter-island connectors.
          ``(2) Form and terms of assistance.--Technical assistance 
       provided under paragraph (1), and the terms for the sharing
 
[[Page 119 STAT. 1180]]
 
       of information among territories receiving the technical 
       assistance, shall be included in the agreement required by 
       subsection (e).
 
    ``(d) Nonapplicability of Certain Provisions.--
          ``(1) In general.--Except to the extent that provisions of 
       chapter 1 are determined by the Secretary to be inconsistent 
       with the needs of the territories and the intent of the program, 
       chapter 1 (other than provisions of chapter 1 relating to the 
       apportionment and allocation of funds) shall apply to funds 
       authorized to be appropriated for the program.
          ``(2) Applicable provisions.--The agreement required by 
       subsection (e) for each territory shall identify the sections of 
       chapter 1 that are applicable to that territory and the extent 
       of the applicability of those sections.
 
    ``(e) Agreement.--
          ``(1) <<NOTE: Deadline.>> In general.--Except as provided in 
       paragraph (4), none of the funds made available for the program 
       shall be available for obligation or expenditure with respect to 
       any territory until the chief executive officer of the territory 
       enters into an agreement with the Secretary (not later than 1 
       year after the date of enactment of SAFETEA-LU), providing that 
       the government of the territory shall--
               ``(A) implement the program in accordance with 
            applicable provisions of chapter 1 and subsection (d);
               ``(B) design and construct a system of arterial and 
            collector highways, including necessary inter-island 
            connectors, in accordance with standards that are--
                   ``(i) appropriate for each territory; and
                   ``(ii) approved by the Secretary;
               ``(C) provide for the maintenance of facilities 
            constructed or operated under this section in a 
            condition to adequately serve the needs of present and 
            future traffic; and
               ``(D) implement standards for traffic operations and 
            uniform traffic control devices that are approved by the 
            Secretary.
          ``(2) Technical assistance.--The agreement required by 
       paragraph (1) shall--
               ``(A) specify the kind of technical assistance to be 
            provided under the program;
               ``(B) include appropriate provisions regarding 
            information sharing among the territories; and
               ``(C) delineate the oversight role and 
            responsibilities of the territories and the Secretary.
          ``(3) Review and revision of agreement.--The agreement 
       entered into under paragraph (1) shall be reevaluated and, as 
       necessary, revised, at least every 2 years.
          ``(4) Existing agreements.--With respect to an agreement 
       under the section between the Secretary and the chief executive 
       officer of a territory that is in effect as of the date of 
       enactment of the SAFETEA-LU--
               ``(A) the agreement shall continue in force until 
            replaced by an agreement entered into in accordance with 
            paragraph (1); and
               ``(B) amounts made available for the program under 
            the existing agreement shall be available for obligation
 
[[Page 119 STAT. 1181]]
 
            or expenditure so long as the agreement, or the existing 
            agreement entered into under paragraph (1), is in 
            effect.
 
    ``(f) Permissible Uses of Funds.--
          ``(1) In general.--Funds made available for the program may 
       be used only for the following projects and activities carried 
       out in a territory:
               ``(A) Eligible surface transportation program 
            projects described in section 133(b).
               ``(B) Cost-effective, preventive maintenance 
            consistent with section 116(d).
               ``(C) Ferry boats, terminal facilities, and 
            approaches, in accordance with subsections (b) and (c) 
            of section 129.
               ``(D) Engineering and economic surveys and 
            investigations for the planning, and the financing, of 
            future highway programs.
               ``(E) Studies of the economy, safety, and 
            convenience of highway use.
               ``(F) The regulation and equitable taxation of 
            highway use.
               ``(G) Such research and development as are necessary 
            in connection with the planning, design, and maintenance 
            of the highway system.
           ``(2) Prohibition on use of funds for routine maintenance.--
       None of the funds made available for the program shall be 
       obligated or expended for routine maintenance.
 
    ``(g) Location of Projects.--Territorial highway projects (other 
than those described in paragraphs (1), (3), and (4) of section 133(b)) 
may not be undertaken on roads functionally classified as local.''.
    (b) Conforming Amendments.--
          (1) Eligible projects.--Section 103(b) of such title is 
       amended--
               (A) in the heading for paragraph (6) by striking 
            ``Eligible'' and inserting ``State eligible'';
               (B) in paragraph (6) by striking subparagraph (P); 
            and
               (C) by adding at the end the following:
          ``(7) Territory eligible projects.--Subject to approval by 
       the Secretary, funds set aside for this program under section 
       104(b)(1) for the National Highway System may be obligated for 
       projects eligible for assistance under the territorial highway 
       program under section 215.''.
          (2) Funding.--Section 104(b)(1)(A) of such title is amended 
       by striking ``to the Virgin Islands, Guam, American Samoa, and 
       the Commonwealth of Northern Mariana Islands'' and inserting 
       ``for the territorial highway program under section 215''.
          (3) Clerical amendment.--The analysis for chapter 2 of such 
       title is amended by striking the item relating to section 215 
       and inserting the following:
 
``215. Territorial highway program.''.
 
SEC. 1119. FEDERAL LANDS HIGHWAYS.
 
    (a) Federal Share Payable.--
          (1) In general.--Section 120(k) of title 23, United States 
       Code, is amended--
               (A) by striking ``Federal-aid highway''; and
 
[[Page 119 STAT. 1182]]
 
               (B) by striking ``section 104'' and inserting ``this 
            title or chapter 53 of title 49''.
          (2) Technical references.--Section 120(l) of such title is 
       amended by striking ``section 104'' and inserting ``this title 
       or chapter 53 of title 49''.
 
    (b) Payments to Federal Agencies for Federal-Aid Projects.--Section 
132 of such title is amended--
          (1) by striking the first two sentences and inserting the 
       following:
 
    ``(a) In General.--In a case in which a proposed Federal-aid project 
is to be undertaken by a Federal agency in accordance with an agreement 
between a State and the Federal agency, the State may--
          ``(1) direct the Secretary to transfer the funds for the 
       Federal share of the project directly to the Federal agency; or
          ``(2) make such deposit with, or payment to, the Federal 
      agency as is required to meet the obligation of the State under 
       the agreement for the work undertaken or to be undertaken by the 
       Federal agency.
 
    ``(b) Reimbursement.--On execution with a State of a project 
agreement described in subsection (a), the Secretary may reimburse the 
State, using any available funds, for the estimated Federal share under 
this title of the obligation of the State deposited or paid under 
subsection (a)(2).''; and
          (2) in the last sentence by striking ``Any sums'' and 
       inserting the following:
 
    ``(c) Recovery and Crediting of Funds.--Any sums''.
    (c)  Allocations.--Section 202 of such title is amended--
          (1) in subsection (a) by striking ``(a) On October 1'' and 
        all that follows through ``Such allocation'' and inserting the 
       following:
 
    ``(a) Allocation Based on Need.--
          ``(1) <<NOTE: Effective date.>> In general.--On October 1 of 
       each fiscal year, the Secretary shall allocate sums authorized 
       to be appropriated for the fiscal year for forest development 
       roads and trails according to the relative needs of the various 
       national forests and grasslands.
          ``(2) Planning.--The allocation under paragraph (1)'';
          (2) in subsection (d)(2)--
               (A) by adding at the end the following:
               ``(E) Transferred funds.--
                   ``(i) <<NOTE: Deadline.>> In general.--Not 
                later than 30 days after the date on which funds 
                are made available to the Secretary of the 
                Interior under this paragraph, the funds shall be 
                distributed to, and available for immediate use 
                 by, the eligible Indian tribes, in accordance with 
                the formula for distribution of funds under the 
                Indian reservation roads program.
                   ``(ii) Use of funds.--Notwithstanding any 
                other provision of this section, funds available 
                to Indian tribes for Indian reservation roads 
                shall be expended on projects identified in a 
                transportation improvement program approved by the 
                Secretary.''; and
               (B) in subsection (d)(3)(A) by striking ``under this 
            title'' and inserting ``under this chapter and section 
            125(e)''.
 
[[Page 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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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 Federal-
            Aid 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--
 
[[Page 119 STAT. 1184]]
 
                          ``(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) <<NOTE: Deadline.>> 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
 
[[Page 119 STAT. 1185]]
 
                access route is the shortest practicable route 
                 connecting 2 points of the proposed route.
                   ``(iv) Additional facilities.--Nothing in this 
                subparagraph shall preclude the Secretary from 
                including additional transportation facilities 
                that are eligible for funding under the Indian 
                reservation roads program in the inventory used 
                for the national funding allocation if such 
                additional facilities are included in the 
                inventory in a uniform and consistent manner 
                nationally.
                   ``(v) Report to congress.--Not later than 90 
                days after the date of completion of the inventory 
                under this subparagraph, the Secretary shall 
                prepare and submit a report to Congress that 
                includes the data gathered and the results of the 
                inventory.''.
 
    (g) Indian Reservation Road Bridges.--Section 202(d)(4) of such 
title is amended--
          (1) in subparagraph (B)--
               (A) by striking ``(B) Reservation.--Of the amounts'' 
            and all that follows through ``to replace,'' and 
            inserting the following:
               ``(B) Funding.--
                   ``(i) Authorization of appropriations.--In 
                addition to any other funds made available for 
                Indian reservation roads for each fiscal year, 
                there is authorized to be appropriated from the 
                Highway Trust Fund (other than the Mass Transit 
                Account) $14,000,000 for each of fiscal years 2005 
                through 2009 to carry out planning, design, 
                engineering, preconstruction, construction, and 
                inspection of projects to replace,''; and
               (B) by adding at the end the following:
                   ``(ii) Availability.--Funds made available to 
                carry out this subparagraph shall be available for 
                obligation in the same manner as if such funds 
                were apportioned under chapter 1.'';
          (2) in subparagraph (C) by striking clause (iii) and 
       inserting the following:
                   ``(iii) be structurally deficient or 
                functionally obsolete; and''; and
         (3) by striking subparagraph (D) and inserting the 
       following:
               ``(D) Approval requirement.--
                   ``(i) In general.--Subject to clause (ii), on 
                request by an Indian tribe or the Secretary of the 
                Interior, the Secretary may make funds available 
                under this subsection for preliminary engineering 
                for Indian reservation road bridge projects.
                   ``(ii) Construction and construction 
                engineering.--The Secretary may make funds 
                available under clause (i) for construction and 
                construction engineering after approval of 
                 applicable plans, specifications, and estimates in 
                accordance with this title.''.
          (4) Contracts and agreements with indian tribes.--Section 
       202(d) of such title is amended by adding at the end the 
       following:
          ``(5) Contracts and agreements with indian tribes.--
 
[[Page 119 STAT. 1186]]
 
               ``(A) In general.--Notwithstanding any other 
            provision of law or any interagency agreement, program 
            guideline, manual, or policy directive, all funds made 
            available to an Indian tribal government under this 
            chapter for a highway, road, bridge, parkway, or transit 
            facility program or project that is located on an Indian 
            reservation or provides access to the reservation or a 
            community of the Indian tribe shall be made available, 
            on the request of the Indian tribal government, to the 
            Indian tribal government for use in carrying out, in 
            accordance with the Indian Self-Determination and 
            Education Assistance Act (25 U.S.C. 450 et seq.), 
            contracts and agreements for the planning, research, 
             design, engineering, construction, and maintenance 
            relating to the program or project.
               ``(B) Exclusion of agency participation.--In 
            accordance with subparagraph (A), all funds for a 
             program or project to which subparagraph (A) applies 
            shall be paid to the Indian tribal government without 
            regard to the organizational level at which the 
            Department of the Interior has previously carried out, 
            or the Department of Transportation has previously 
            carried out under the Federal lands highway programs, 
            the programs, functions, services, or activities 
            involved.
                ``(C) Consortia.--Two or more Indian tribes that are 
            otherwise eligible to participate in a program or 
            project to which this chapter applies may form a 
            consortium to be considered as a single Indian tribe for 
            the purpose of participating in the project under this 
            section.
               ``(D) Secretary as signatory.--Notwithstanding any 
            other provision of law, the Secretary is authorized to 
            enter into a funding agreement with an Indian tribal 
            government to carry out a highway, road, bridge, 
            parkway, or transit program or project under 
            subparagraph (A) that is located on an Indian 
            reservation or provides access to the reservation or a 
            community of the Indian tribe.
               ``(E) Funding.--The amount an Indian tribal 
            government receives for a program or project under 
            subparagraph (A) shall equal the sum of the funding that 
            the Indian tribal government would otherwise receive for 
            the program or project in accordance with the funding 
            formula established under this subsection and such 
            additional amounts as the Secretary determines equal the 
            amounts that would have been withheld for the costs of 
            the Bureau of Indian Affairs for administration of the 
             program or project.
               ``(F) Eligibility.--
                   ``(i) In general.--Subject to clause (ii), 
                funds may be made available under subparagraph (A) 
                to an Indian tribal government for a program or 
                project in a fiscal year only if the Indian tribal 
                government requesting such funds demonstrates to 
                the satisfaction of the Secretary financial 
                 stability and financial management capability 
                during the 3 fiscal years immediately preceding 
                the fiscal year for which the request is being 
                made.
                   ``(ii) Criteria for determining financial 
                stability and financial management capability.--An 
                Indian tribal government that had no uncorrected
 
[[Page 119 STAT. 1187]]
 
                significant and material audit exceptions in the 
                required annual audit of the Indian tribal 
                government self-determination contracts or self-
                governance funding agreements with any Federal 
                agency during the 3-fiscal year period referred in 
                clause (i) shall be conclusive evidence of the 
                financial stability and financial management 
                capability for purposes of clause (i).
                ``(G) Assumption of functions and duties.--An Indian 
            tribal government receiving funding under subparagraph 
            (A) for a program or project shall assume all functions 
            and duties that the Secretary of the Interior would have 
            performed with respect to a program or project under 
            this chapter, other than those functions and duties that 
            inherently cannot be legally transferred under the 
             Indian Self-Determination and Education Assistance Act 
            (25 U.S.C. 450b et seq.).
               ``(H) Powers.--An Indian tribal government receiving 
            funding under subparagraph (A) for a program or project 
             shall have all powers that the Secretary of the Interior 
            would have exercised in administering the funds 
            transferred to the Indian tribal government for such 
            program or project under this section if the funds had 
            not been transferred, except to the extent that such 
            powers are powers that inherently cannot be legally 
            transferred under the Indian Self-Determination and 
            Education Assistance Act (25 U.S.C. 450b et seq.).
               ``(I) Dispute resolution.--In the event of a 
            disagreement between the Secretary or the Secretary of 
            the Interior and an Indian tribe over whether a 
            particular function, duty, or power may be lawfully 
            transferred under the Indian Self-Determination and 
            Education Assistance Act (25 U.S.C. 450b et seq.), the 
            Indian tribe shall have the right to pursue all 
            alternative dispute resolutions and appeal procedures 
            authorized by such Act, including regulations issued to 
            carry out such Act.
               ``(J) Termination of contract or agreement.--On the 
             date of the termination of a contract or agreement under 
            this section by an Indian tribal government, the 
            Secretary shall transfer all funds that would have been 
            allocated to the Indian tribal government under the 
            contract or agreement to the Secretary of the Interior 
            to provide continued transportation services in 
            accordance with applicable law.''.
 
    (h) Planning and Agency Coordination.--Section 204 of such title is 
amended--
          (1) in subsection (a)(1) by inserting ``refuge roads,'' 
       after ``parkways,''; and
          (2) by striking subsection (b) and inserting the following:
 
    ``(b) Use of Funds.--
          ``(1) In general.--Funds made available for public lands 
       highways, park roads and parkways, and Indian reservation roads 
       shall be used by the Secretary and the Secretary of the 
       appropriate Federal land management agency to pay the cost of--
               ``(A) transportation planning, research, and 
            engineering and construction of, highways, roads, 
            parkways, and transit
 
[[Page 119 STAT. 1188]]
 
            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;
 
[[Page 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) <<NOTE: Effective date.>> 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) <<NOTE: President.>> 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
 
[[Page 119 STAT. 1190]]
 
            Indian tribes to ensure that the rights of a tribe or 
            individual Indian are protected.
               ``(B) Preservation of united states 
            responsibility.--Nothing in this title shall absolve the 
            United States from any responsibility to Indians and 
            Indian tribes, including responsibilities derived from 
            the trust relationship and any treaty, executive order, 
            or agreement between the United States and an Indian 
            tribe.''.
 
    (m) Forest Highways.--Of the amounts made available for public lands 
highways under section 1101--
          (1) not to exceed $20,000,000 per fiscal year may be used 
       for the maintenance of forest highways;
          (2) not to exceed $1,000,000 per fiscal year may be used for 
       signage identifying public hunting and fishing access; and
          (3) not to exceed $10,000,000 per fiscal year shall be used 
       by the Secretary of Agriculture to pay the costs of facilitating 
       the passage of aquatic species beneath roads in the National 
       Forest System, including the costs of constructing, maintaining, 
       replacing, or removing culverts and bridges, as appropriate.
 
    (n) <<NOTE: 23 USC 401 note.>> Wildlife Vehicle Collision Reduction 
Study.--
          (1) In general.--The Secretary shall conduct a study of 
       methods to reduce collisions between motor vehicles and wildlife 
       (in this subsection referred to as ``wildlife vehicle 
       collisions'').
          (2) Contents.--
               (A) Areas of study.--The study shall include an 
            assessment of the causes and impacts of wildlife vehicle 
            collisions and solutions and best practices for reducing 
            such collisions.
               (B) Methods for conducting the study.--In carrying 
            out the study, the Secretary shall--
                   (i) conduct a thorough literature review; and
                    (ii) survey current practices of the 
                Department of Transportation.
          (3) Consultation.--In carrying out the study, the Secretary 
       shall consult with appropriate experts in the field of wildlife 
       vehicle collisions.
          (4) Report.--
               (A) In general.--Not later than 2 years after the 
            date of enactment of this Act, the Secretary shall 
            submit to Congress a report on the results of the study.
                (B) Contents.--The report shall include a 
            description of each of the following:
                   (i) Causes of wildlife vehicle collisions.
                   (ii) Impacts of wildlife vehicle collisions.
                    (iii) Solutions to and prevention of wildlife 
                vehicle collisions.
          (5) Manual.--
               (A) Development.--Based upon the results of the 
            study, the Secretary shall develop a best practices 
            manual to support State efforts to reduce wildlife 
            vehicle collisions.
               (B) <<NOTE: Deadline.>> Availability.--The manual 
            shall be made available to States not later than 1 year 
            after the date of transmission of the report under 
            paragraph (4).
               (C) Contents.--The manual shall include, at a 
            minimum, the following:
                   (i) A list of best practices addressing 
                wildlife vehicle collisions.
 
[[Page 119 STAT. 1191]]
 
                   (ii) A list of information, technical, and 
                funding resources for addressing wildlife vehicle 
                  collisions.
                   (iii) Recommendations for addressing wildlife 
                vehicle collisions.
                   (iv) Guidance for developing a State action 
                plan to address wildlife vehicle collisions.
          (6) Training.--Based upon the manual developed under 
       paragraph (5), the Secretary shall develop a training course on 
       addressing wildlife vehicle collisions for transportation 
       professionals.
 
    (o) Limitation on Applicability.--The requirements of the January 4, 
2005, Federal Highway Administration, a final rule on the implementation 
of the Uniform Relocation Assistance and Real Property Acquisition 
policy Act of 1970 (42 U.S.C. 4601 et seq.) shall not apply to the 
voluntary conservation easement activities of the Department of 
Agriculture or the Department of the Interior.
 
SEC. 1120. PUERTO RICO HIGHWAY PROGRAM.
 
    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code, is amended by adding at the end the following:
 
``Sec. 165. Puerto Rico highway program
 
    ``(a) In General.--The Secretary shall allocate funds made available 
to carry out this section for each of fiscal years 2005 through 2009 to 
the Commonwealth of Puerto Rico to carry out a highway program in the 
Commonwealth.
    ``(b) Applicability of Title.--Amounts made available by section 
1101(a)(14) of the SAFETEA-LU shall be available for obligation in the 
same manner as if such funds were apportioned under this chapter.
    ``(c) Treatment of Funds.--Amounts made available to carry out this 
section for a fiscal year shall be administered as follows:
          ``(1) Apportionment.--For the purpose of imposing any 
       penalty under this title or title 49, the amounts shall be 
       treated as being apportioned to Puerto Rico under sections 
       104(b) and 144, for each program funded under those sections in 
       an amount determined by multiplying--
               ``(A) the aggregate of the amounts for the fiscal 
            year; by
               ``(B) the ratio that--
                   ``(i) the amount of funds apportioned to 
                Puerto Rico for each such program for fiscal year 
                 1997; bears to
                   ``(ii) the total amount of funds apportioned 
                to Puerto Rico for all such programs for fiscal 
                year 1997.
          ``(2) Penalty.--The amounts treated as being apportioned to 
       Puerto Rico under each section referred to in paragraph (1) 
       shall be deemed to be required to be apportioned to Puerto Rico 
       under that section for purposes of the imposition of any penalty 
       under this title or title 49.
 
    ``(d) Effect on Allocations and Apportionments.--Subject to 
subsection (c)(2), nothing in this section affects any allocation under 
section 105 and any apportionment under sections 104 and 144.''.
 
[[Page 119 STAT. 1192]]
 
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of such title is amended by adding at the end the following:
 
``165. Puerto Rico highway program.''.
 
    (c) <<NOTE: 23 USC 101 note.>> Definition of State.--For the 
purposes of apportioning funds under sections 104, 105, 130, 144, and 
206 of title 23, United States Code, and section 1404, relating to the 
safe routes to school program, the term ``State'' means any of the 50 
States and the District of Columbia.
 
SEC. 1121. HOV FACILITIES.
 
    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code (as amended by section 1120 of this Act), is amended by 
adding at the end the following:
 
``Sec. 166. HOV facilities
 
    ``(a) In General.--
          ``(1) Authority of state agencies.--A State agency that has 
       jurisdiction over the operation of a HOV facility shall 
       establish the occupancy requirements of vehicles operating on 
       the facility.
          ``(2) Occupancy requirement.--Except as otherwise provided 
       by this section, no fewer than two occupants per vehicle may be 
       required for use of a HOV facility.
 
    ``(b) Exceptions.--
          ``(1) <<NOTE: Applicability.>> In general.--Notwithstanding 
       the occupancy requirement of subsection (a)(2), the exceptions 
       in paragraphs (2) through (5) shall apply with respect to a 
       State agency operating a HOV facility.
          ``(2) Motorcycles and bicycles.--
               ``(A) In general.--Subject to subparagraph (B), the 
            State agency shall allow motorcycles and bicycles to use 
            the HOV facility.
               ``(B) Safety exception.--
                   ``(i) In general.--A State agency may restrict 
                 use of the HOV facility by motorcycles or bicycles 
                (or both) if the agency certifies to the Secretary 
                that such use would create a safety hazard and the 
                Secretary accepts the certification.
                   ``(ii) Acceptance of certification.--The 
                Secretary may accept a certification under this 
                subparagraph only after the Secretary publishes 
                notice of the certification in the Federal 
                Register and provides an opportunity for public 
                comment.
          ``(3) Public transportation vehicles.--The State agency may 
       allow public transportation vehicles to use the HOV facility if 
       the agency--
               ``(A) <<NOTE: Guidelines.>> establishes requirements 
            for clearly identifying the vehicles; and
               ``(B) <<NOTE: Procedures.>> establishes procedures 
            for enforcing the restrictions on the use of the 
            facility by the vehicles.
          ``(4) High occupancy toll vehicles.--The State agency may 
       allow vehicles not otherwise exempt pursuant to this subsection 
        to use the HOV facility if the operators of the vehicles pay a 
       toll charged by the agency for use of the facility and the 
       agency--
 
[[Page 119 STAT. 1193]]
 
               ``(A) establishes a program that addresses how 
             motorists can enroll and participate in the toll 
            program;
               ``(B) develops, manages, and maintains a system that 
            will automatically collect the toll; and
               ``(C) <<NOTE: Procedures.>> establishes policies and 
            procedures to--
                   ``(i) manage the demand to use the facility by 
                varying the toll amount that is charged; and
                   ``(ii) enforce violations of use of the 
                facility.
          ``(5) Low emission and energy-efficient vehicles.--
               ``(A) Inherently low emission vehicle.--Before 
            September 30, 2009, the State agency may allow vehicles 
             that are certified as inherently low-emission vehicles 
            pursuant to section 88.311-93 of title 40, Code of 
            Federal Regulations (or successor regulations), and are 
            labeled in accordance with section 88.312-93 of such 
            title (or successor regulations), to use the HOV 
            facility if the agency establishes procedures for 
            enforcing the restrictions on the use of the facility by 
            the vehicles.
               ``(B) Other low emission and energy-efficient 
            vehicles.--Before September 30, 2009, the State agency 
            may allow vehicles certified as low emission and energy-
            efficient vehicles under subsection (e), and labeled in 
            accordance with subsection (e), to use the HOV facility 
            if the operators of the vehicles pay a toll charged by 
            the agency for use of the facility and the agency--
                    ``(i) establishes a program that addresses the 
                selection of vehicles under this paragraph; and
                   ``(ii) <<NOTE: Procedures.>> establishes 
                procedures for enforcing the restrictions on the 
                use of the facility by the vehicles.
               ``(C) Amount of tolls.--Under subparagraph (B), a 
            State agency may charge no toll or may charge a toll 
            that is less than tolls charged under paragraph (3).
 
    ``(c) Requirements Applicable to Tolls.--
          ``(1) In general.--Tolls may be charged under paragraphs (4) 
       and (5) of subsection (b) notwithstanding section 301 and, 
       except as provided in paragraphs (2) and (3), subject to the 
       requirements of section 129.
          ``(2) HOV facilities on the interstate system.--
       Notwithstanding section 129, tolls may be charged under 
       paragraphs (4) and (5) of subsection (b) on a HOV facility on 
       the Interstate System.
          ``(3) Excess toll revenues.--If a State agency makes a 
       certification under section 129(a)(3) with respect to toll 
       revenues collected under paragraphs (4) and (5) of subsection 
       (b), the State, in the use of toll revenues under that sentence, 
       shall give priority consideration to projects for developing 
       alternatives to single occupancy vehicle travel and projects for 
       improving highway safety.
 
    ``(d) HOV Facility Management, Operation, Monitoring, and 
Enforcement.--
          ``(1) <<NOTE: Certification.>> In general.--A State agency 
       that allows vehicles to use a HOV facility under paragraph (4) 
       or (5) of subsection (b) in a fiscal year shall certify to the 
       Secretary that the agency will carry out the following 
       responsibilities with respect to the facility in the fiscal 
       year:
               ``(A) Establishing, managing, and supporting a 
             performance monitoring, evaluation, and reporting 
            program for
 
[[Page 119 STAT. 1194]]
 
            the facility that provides for continuous monitoring, 
            assessment, and reporting on the impacts that the 
             vehicles may have on the operation of the facility and 
            adjacent highways.
               ``(B) Establishing, managing, and supporting an 
            enforcement program that ensures that the facility is 
            being operated in accordance with the requirements of 
            this section.
               ``(C) Limiting or discontinuing the use of the 
            facility by the vehicles if the presence of the vehicles 
            has degraded the operation of the facility.
          ``(2) Degraded facility.--
               ``(A) Definition of minimum average operating 
            speed.--In this paragraph, the term `minimum average 
            operating speed' means--
                    ``(i) 45 miles per hour, in the case of a HOV 
                facility with a speed limit of 50 miles per hour 
                or greater; and
                   ``(ii) not more than 10 miles per hour below 
                  the speed limit, in the case of a HOV facility 
                with a speed limit of less than 50 miles per hour.
               ``(B) Standard for determining degraded facility.--
            For purposes of paragraph (1), the operation of a HOV 
            facility shall be considered to be degraded if vehicles 
            operating on the facility are failing to maintain a 
            minimum average operating speed 90 percent of the time 
            over a consecutive 180-day period during morning or 
            evening weekday peak hour periods (or both).
               ``(C) Management of low emission and energy-
            efficient vehicles.--In managing the use of HOV lanes by 
             low emission and energy-efficient vehicles that do not 
            meet applicable occupancy requirements, a State agency 
            may increase the percentages described in subsection 
            (f)(3)(B)(i).
 
    ``(e) <<NOTE: Deadline.>> Certification of Low Emission and Energy-
Efficient Vehicles.--Not later than 180 days after the date of enactment 
of this section, the Administrator of the Environmental Protection 
Agency shall--
          ``(1) <<NOTE: Regulations.>> issue a final rule establishing 
       requirements for certification of vehicles as low emission and 
       energy-efficient vehicles for purposes of this section and 
       requirements for the labeling of the vehicles; and
          ``(2) <<NOTE: Guidelines.>> establish guidelines and 
       procedures for making the vehicle comparisons and performance 
       calculations described in subsection (f)(3)(B), in accordance 
       with section 32908(b) of title 49.
 
    ``(f) Definitions.--In this section, the following definitions 
apply:
          ``(1) Alternative fuel vehicle.--The term `alternative fuel 
       vehicle' means a vehicle that is operating on--
               ``(A) methanol, denatured ethanol, or other 
            alcohols;
               ``(B) a mixture containing at least 85 percent of 
            methanol, denatured ethanol, and other alcohols by 
            volume with gasoline or other fuels;
               ``(C) natural gas;
               ``(D) liquefied petroleum gas;
               ``(E) hydrogen;
               ``(F) coal derived liquid fuels;
 
[[Page 119 STAT. 1195]]
 
               ``(G) fuels (except alcohol) derived from biological 
            materials;
                ``(H) electricity (including electricity from solar 
            energy); or
               ``(I) any other fuel that the Secretary prescribes 
            by regulation that is not substantially petroleum and 
            that would yield substantial energy security and 
            environmental benefits, including fuels regulated under 
            section 490 of title 10, Code of Federal Regulations (or 
            successor regulations).
          ``(2) HOV facility.--The term `HOV facility' means a high 
       occupancy vehicle facility.
          ``(3) Low emission and energy-efficient vehicle.--The term 
       `low emission and energy-efficient vehicle' means a vehicle 
       that--
                ``(A) has been certified by the Administrator as 
            meeting the Tier II emission level established in 
            regulations prescribed by the Administrator under 
            section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)) 
            for that make and model year vehicle; and
               ``(B)(i) is certified by the Administrator of the 
            Environmental Protection Agency, in consultation with 
            the manufacturer, to have achieved not less than a 50-
            percent increase in city fuel economy or not less than a 
            25-percent increase in combined city-highway fuel 
            economy (or such greater percentage of city or city-
            highway fuel economy as may be determined by a State 
            under subsection (d)(2)(C)) relative to a comparable 
            vehicle that is an internal combustion gasoline fueled 
            vehicle (other than a vehicle that has propulsion energy 
            from onboard hybrid sources); or
               ``(ii) is an alternative fuel vehicle.
          ``(4) Public transportation vehicle.--The term `public 
       transportation vehicle' means a vehicle that--
               ``(A) provides designated public transportation (as 
            defined in section 221 of the Americans with 
            Disabilities Act of 1990 (42 U.S.C. 12141) or provides 
            public school transportation (to and from public or 
             private primary, secondary, or tertiary schools); and
               ``(B)(i) is owned or operated by a public entity;
               ``(ii) is operated under a contract with a public 
            entity; or
               ``(iii) is operated pursuant to a license by the 
            Secretary or a State agency to provide motorbus or 
            school vehicle transportation services to the public.
          ``(5) State agency.--
               ``(A) In general.--The term `State agency', as used 
            with respect to a HOV facility, means an agency of a 
            State or local government having jurisdiction over the 
            operation of the facility.
               ``(B) Inclusion.--The term `State agency' includes a 
            State transportation department.''.
 
    (b) Conforming Amendments.--
          (1) Program efficiencies.--Section 102 of title 23, United 
       States Code, is amended--
               (A) by striking subsection (a); and
               (B) by redesignating subsections (b) and (c) as 
            subsections (a) and (b), respectively.
 
[[Page 119 STAT. 1196]]
 
          (2) Chapter analysis.--The analysis for such subchapter (as 
       amended by section 1120 of this Act) is amended by adding at the 
       end the following:
 
``166. HOV facilities.''.
 
    (c) Sense of Congress.--It is the sense of Congress that the 
Secretary and the States should provide additional incentives (including 
the use of high occupancy vehicle lanes on State and Interstate 
highways) for the purchase and use of hybrid and other fuel efficient 
vehicles, which have been proven to minimize air emissions and decrease 
consumption of fossil fuels.
 
SEC. 1122. DEFINITIONS.
 
    (a) Transportation Enhancement Activity.--Section 101(a)(35) of 
title 23, United States Code, is amended to read as follows:
          ``(35) Transportation enhancement activity.--The term 
       `transportation enhancement activity' means, with respect to any 
       project or the area to be served by the project, any of the 
       following activities as the activities relate to surface 
       transportation:
               ``(A) Provision of facilities for pedestrians and 
            bicycles.
               ``(B) Provision of safety and educational activities 
            for pedestrians and bicyclists.
               ``(C) Acquisition of scenic easements and scenic or 
            historic sites (including historic battlefields).
               ``(D) Scenic or historic highway programs (including 
            the provision of tourist and welcome center facilities).
               ``(E) Landscaping and other scenic beautification.
               ``(F) Historic preservation.
               ``(G) Rehabilitation and operation of historic 
            transportation buildings, structures, or facilities 
            (including historic railroad facilities and canals).
               ``(H) Preservation of abandoned railway corridors 
            (including the conversion and use of the corridors for 
            pedestrian or bicycle trails).
               ``(I) Inventory, control, and removal of outdoor 
            advertising.
               ``(J) Archaeological planning and research.
               ``(K) Environmental mitigation--
                   ``(i) to address water pollution due to 
                highway runoff; or
                   ``(ii) reduce vehicle-caused wildlife 
                mortality while maintaining habitat connectivity.
               ``(L) Establishment of transportation museums.''.
 
    (b) Advanced Truck Stop Electrification System.--Such section 101(a) 
is amended by adding at the end the following:
          ``(38) Advanced truck stop electrification system.--The term 
       `advanced truck stop electrification system' means a system that 
       delivers heat, air conditioning, electricity, or communications 
       to a heavy duty vehicle.''.
 
                Subtitle B--Congestion Relief
 
SEC. 1201. <<NOTE: 23 USC 303 note.>> REAL-TIME SYSTEM MANAGEMENT 
         INFORMATION PROGRAM.
 
    (a) Establishment.--
 
[[Page 119 STAT. 1197]]
 
          (1) In general.--The Secretary shall establish a real-time 
       system management information program to provide, in all States, 
       the capability to monitor, in real-time, the traffic and travel 
       conditions of the major highways of the United States and to 
       share that information to improve the security of the surface 
       transportation system, to address congestion problems, to 
       support improved response to weather events and surface 
       transportation incidents, and to facilitate national and 
       regional highway traveler information.
          (2) Purposes.--The purposes of the real-time system 
       management information program are to--
               (A) establish, in all States, a system of basic 
            real-time information for managing and operating the 
            surface transportation system;
               (B) identify longer range real-time highway and 
            transit monitoring needs and develop plans and 
            strategies for meeting such needs; and
               (C) provide the capability and means to share that 
            data with State and local governments and the traveling 
            public.
 
    (b) <<NOTE: Deadline.>> Data Exchange Formats.--Not later than 2 
years after the date of enactment of this Act, the Secretary shall 
establish data exchange formats to ensure that the data provided by 
highway and transit monitoring systems, including statewide incident 
reporting systems, can readily be exchanged across jurisdictional 
boundaries, facilitating nationwide availability of information.
 
    (c) Regional Intelligent Transportation System Architecture.--
          (1) Addressing information needs.--As State and local 
       governments develop or update regional intelligent 
       transportation system architectures, described in section 940.9 
       of title 23, Code of Federal Regulations, such governments shall 
       explicitly address real-time highway and transit information 
       needs and the systems needed to meet such needs, including 
       addressing coverage, monitoring systems, data fusion and 
       archiving, and methods of exchanging or sharing highway and 
       transit information.
          (2) Data exchange.--States shall incorporate the data 
       exchange formats established by the Secretary under subsection 
       (b) to ensure that the data provided by highway and transit 
       monitoring systems may readily be exchanged with State and local 
       governments and may be made available to the traveling public.
 
    (d) Eligibility.--Subject to project approval by the Secretary, a 
State may obligate funds apportioned to the State under sections 
104(b)(1), 104(b)(2), and 104(b)(3) of title 23, United States Code, for 
activities relating to the planning and deployment of real-time 
monitoring elements that advance the goals and purposes described in 
subsection (a).
    (e) Limitation on Statutory Construction.--Nothing in this section 
shall be construed as altering or otherwise affecting the applicability 
of the requirements of chapter 1 of title 23, United States Code 
(including requirements relating to the eligibility of a project for 
assistance under the program, the location of the project, and the 
Federal-share payable on account of the project), to amounts apportioned 
to a State for a program under section
 
[[Page 119 STAT. 1198]]
 
104(b) that are obligated by the State for activities and projects under 
this section.
    (f) Statewide Incident Reporting System Defined.--In this section, 
the term ``statewide incident reporting system'' means a statewide 
system for facilitating the real-time electronic reporting of surface 
transportation incidents to a central location for use in monitoring the 
event, providing accurate traveler information, and responding to the 
incident as appropriate.
 
              Subtitle C--Mobility and Efficiency
 
SEC. 1301. <<NOTE: 23 USC 101 note.>> PROJECTS OF NATIONAL AND REGIONAL 
         SIGNIFICANCE.
 
    (a) Findings.--Congress finds the following:
          (1) Under current law, surface transportation programs rely 
       primarily on formula capital apportionments to States.
          (2) Despite the significant increase for surface 
       transportation program funding in the Transportation Equity Act 
       of the 21st Century, current levels of investment are 
       insufficient to fund critical high-cost transportation 
       infrastructure facilities that address critical national 
       economic and transportation needs.
          (3) Critical high-cost transportation infrastructure 
       facilities often include multiple levels of government, 
        agencies, modes of transportation, and transportation goals and 
       planning processes that are not easily addressed or funded 
       within existing surface transportation program categories.
          (4) Projects of national and regional significance have 
       national and regional benefits, including improving economic 
       productivity by facilitating international trade, relieving 
       congestion, and improving transportation safety by facilitating 
       passenger and freight movement.
          (5) The benefits of projects described in paragraph (4) 
       accrue to local areas, States, and the Nation as a result of the 
       effect such projects have on the national transportation system.
          (6) A program dedicated to constructing projects of national 
       and regional significance is necessary to improve the safe, 
       secure, and efficient movement of people and goods throughout 
       the United States and improve the health and welfare of the 
       national economy.
 
    (b) Establishment of Program.--The Secretary shall establish a 
program to provide grants to States for projects of national and 
regional significance.
    (c) Definitions.--In this section, the following definitions apply:
          (1) Eligible project costs.--The term ``eligible project 
       costs'' means the costs of--
               (A) development phase activities, including 
            planning, feasibility analysis, revenue forecasting, 
             environmental review, preliminary engineering and design 
            work, and other preconstruction activities; and
               (B) construction, reconstruction, rehabilitation, 
            and acquisition of real property (including land related 
            to the project and improvements to land), environmental 
            mitigation, construction contingencies, acquisition of 
            equipment, and operational improvements.
 
[[Page 119 STAT. 1199]]
 
          (2) Eligible project.--The term ``eligible project'' means 
       any surface transportation project eligible for Federal 
       assistance under title 23, United States Code, including freight 
       railroad projects and activities eligible under such title.
          (3) State.--The term ``State'' has the meaning such term has 
       in section 101(a) of title 23, United States Code.
 
    (d) Eligibility.--To be eligible for assistance under this section, 
a project shall have eligible project costs that are reasonably 
anticipated to equal or exceed the lesser of--
          (1) $500,000,000; or
          (2) 75 percent of the amount of Federal highway assistance 
       funds apportioned for the most recently completed fiscal year to 
       the State in which the project is located.
 
    (e) Applications.--Each State seeking to receive a grant under this 
section for an eligible project shall submit to the Secretary an 
application in such form and in accordance with such requirements as the 
Secretary shall establish.
    (f) Competitive Grant Selection and Criteria for Grants.--
          (1) In general.--The Secretary shall--
               (A) establish criteria for selecting among projects 
            that meet the eligibility criteria specified in 
            subsection (d);
               (B) conduct a national solicitation for 
            applications; and
               (C) award grants on a competitive basis.
          (2) Criteria for grants.--The Secretary may approve a grant 
       under this section for a project only if the Secretary 
       determines that the project--
               (A) is based on the results of preliminary 
            engineering;
               (B) is justified based on the ability of the 
            project--
                   (i) to generate national economic benefits, 
                including creating jobs, expanding business 
                opportunities, and impacting the gross domestic 
                product;
                   (ii) to reduce congestion, including impacts 
                in the State, region, and Nation;
                   (iii) to improve transportation safety, 
                 including reducing transportation accidents, 
                injuries, and fatalities;
                   (iv) to otherwise enhance the national 
                transportation system; and
                   (v) to garner support for non-Federal 
                financial commitments and provide evidence of 
                stable and dependable financing sources to 
                construct, maintain, and operate the 
                infrastructure facility; and
               (C) is supported by an acceptable degree of non-
            Federal financial commitments, including evidence of 
            stable and dependable financing sources to construct, 
            maintain, and operate the infrastructure facility.
          (3) Selection considerations.--In selecting a project under 
       this section, the Secretary shall consider the extent to which 
       the project--
               (A) leverages Federal investment by encouraging non-
            Federal contributions to the project, including 
            contributions from public-private partnerships;
               (B) uses new technologies, including intelligent 
            transportation systems, that enhance the efficiency of 
            the project; and
               (C) helps maintain or protect the environment.
 
[[Page 119 STAT. 1200]]
 
          (4) Preliminary engineering.--In evaluating a project under 
       paragraph (2)(A), the Secretary shall analyze and consider the 
       results of preliminary engineering for the project.
          (5) Non-federal financial commitment.--
               (A) Evaluation of project.--In evaluating a project 
            under paragraph (2)(C), the Secretary shall require 
            that--
                   (i) the proposed project plan provides for the 
                availability of contingency amounts that the 
                Secretary determines to be reasonable to cover 
                unanticipated cost increases; and
                   (ii) each proposed non-Federal source of 
                capital and operating financing is stable, 
                reliable, and available within the proposed 
                project timetable.
               (B) Considerations.--In assessing the stability, 
            reliability, and availability of proposed sources of 
            non-Federal financing under subparagraph (A), the 
            Secretary shall consider--
                   (i) existing financial commitments;
                   (ii) the degree to which financing sources are 
                dedicated to the purposes proposed;
                   (iii) any debt obligation that exists or is 
                proposed by the recipient for the proposed 
                project; and
                   (iv) the extent to which the project has a 
                 non-Federal financial commitment that exceeds the 
                required non-Federal share of the cost of the 
                project.
          (6) <<NOTE: Deadline.>> Regulations.--Not later than 180 
       days after the date of enactment of this Act, the Secretary 
       shall issue regulations on the manner in which the Secretary 
       will evaluate and rate the projects based on the results of 
       preliminary engineering, project justification, and the degree 
       of non-Federal financial commitment, as required under this 
       subsection.
          (7) Project evaluation and rating.--
               (A) In general.--A proposed project may advance from 
            preliminary engineering to final design and construction 
            only if the Secretary finds that the project meets the 
            requirements of this subsection and there is a 
            reasonable likelihood that the project will continue to 
            meet such requirements.
               (B) Evaluation and rating.--In making such findings, 
            the Secretary shall evaluate and rate the project as 
            ``highly recommended'', ``recommended'', or ``not 
            recommended'' based on the results of preliminary 
            engineering, the project justification criteria, and the 
            degree of non-Federal financial commitment, as required 
            under this subsection. In rating the projects, the 
            Secretary shall provide, in addition to the overall 
            project rating, individual ratings for each of the 
            criteria established under the regulations issued under 
            paragraph (6).
 
    (g) Letters of Intent and Full Funding Grant Agreements.--
          (1) Letter of intent.--
               (A) In general.--The Secretary may issue a letter of 
            intent to an applicant announcing an intention to 
            obligate, for a project under this section, an amount 
            from future available budget authority specified in law 
            that is not more than the amount stipulated as the 
            financial participation of the Secretary in the project.
 
[[Page 119 STAT. 1201]]
 
               (B) <<NOTE: Deadline.>> Notification.--At least 60 
            days before issuing a letter under subparagraph (A) or 
            entering into a full funding grant agreement, the 
            Secretary shall notify in writing the Committee on 
            Transportation and Infrastructure of the House of 
            Representatives and the Committee on Environment and 
            Public Works of the Senate of the proposed letter or 
            agreement. <<NOTE: Records.>> The Secretary shall 
            include with the notification a copy of the proposed 
            letter or agreement as well as the evaluations and 
            ratings for the project.
                 (C) Not an obligation.--The issuance of a letter is 
            deemed not to be an obligation under sections 1108(c), 
            1108(d), 1501, and 1502(a) of title 31, United States 
            Code, or an administrative commitment.
               (D) Obligation or commitment.--An obligation or 
            administrative commitment may be made only when contract 
            authority is allocated to a project.
          (2) Full funding grant agreement.--
               (A) In general.--A project financed under this 
            subsection shall be carried out through a full funding 
            grant agreement. The Secretary shall enter into a full 
            funding grant agreement based on the evaluations and 
            ratings required under subsection (f)(7).
               (B) Terms.--If the Secretary makes a full funding 
            grant agreement with an applicant, the agreement shall--
                   (i) establish the terms of participation by 
                the United States Government in a project under 
                this section;
                   (ii) establish the maximum amount of 
                Government financial assistance for the project;
                   (iii) cover the period of time for completing 
                the project, including a period extending beyond 
                the period of an authorization; and
                   (iv) make timely and efficient management of 
                the project easier according to the laws of the 
                United States.
               (C) Agreement.--An agreement under this paragraph 
            obligates an amount of available budget authority 
            specified in law and may include a commitment, 
            contingent on amounts to be specified in law in advance 
            for commitments under this paragraph, to obligate an 
            additional amount from future available budget authority 
            specified in law. The agreement shall state that the 
            contingent commitment is not an obligation of the 
            Government. Interest and other financing costs of 
            efficiently carrying out a part of the project within a 
            reasonable time are a cost of carrying out the project 
            under a full funding grant agreement, except that 
            eligible costs may not be more than the cost of the most 
            favorable financing terms reasonably available for the 
            project at the time of borrowing. The applicant shall 
            certify, in a way satisfactory to the Secretary, that 
             the applicant has shown reasonable diligence in seeking 
            the most favorable financing terms.
          (3) Amounts.--The total estimated amount of future 
       obligations of the Government and contingent commitments to 
      incur obligations covered by all outstanding letters of intent 
       and full funding grant agreements may be not more than the 
       greater of the amount authorized to carry out this section or an 
       amount
 
[[Page 119 STAT. 1202]]
 
      equivalent to the last 2 fiscal years of funding authorized to 
       carry out this section less an amount the Secretary reasonably 
       estimates is necessary for grants under this section not covered 
       by a letter. The total amount covered by new letters and 
       contingent commitments included in full funding grant agreements 
       may be not more than a limitation specified in law.
 
    (h) Grant Requirements.--
          (1) In general.--A grant for a project under this section 
       shall be subject to all of the requirements of title 23, United 
       States Code.
          (2) Other terms and conditions.--The Secretary shall require 
       that all grants under this section be subject to all terms, 
       conditions, and requirements that the Secretary decides are 
       necessary or appropriate for purposes of this section, including 
       requirements for the disposition of net increases in value of 
       real property resulting from the project assisted under this 
       section.
 
    (i) Government's Share of Project Cost.--Based on engineering 
studies, studies of economic feasibility, and information on the 
expected use of equipment or facilities, the Secretary shall estimate 
the cost of a project receiving assistance under this section. A grant 
for the project is for 80 percent of the project cost, unless the grant 
recipient requests a lower grant percentage. A refund or reduction of 
the remainder may be made only if a refund of a proportional amount of 
the grant of the Government is made at the same time.
    (j) Fiscal Capacity Considerations.--If the Secretary gives priority 
consideration to financing projects that include more than the non-
Government share required under subsection (i) the Secretary shall give 
equal consideration to differences in the fiscal capacity of State and 
local governments.
    (k) Reports.--
          (1) Annual report.--Not later than the first Monday in 
       February of each year, the Secretary shall submit to the 
       Committee on Transportation and Infrastructure of the House of 
       Representatives and the Committee on Environment and Public 
       Works of the Senate a report that includes a proposal on the 
       allocation of amounts to be made available to finance grants 
       under this section.
          (2) Recommendations on funding.--The annual report under 
       this paragraph shall include evaluations and ratings, as 
       required under subsection (f). The report shall also include 
       recommendations of projects for funding based on the evaluations 
       and ratings and on existing commitments and anticipated funding 
       levels for the next 3 fiscal years and for the next 10 fiscal 
       years based on information currently available to the Secretary.
 
    (l) Applicability of Title 23.--Funds made available to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United States 
Code; except that such funds shall not be transferable and shall remain 
available until expended and the Federal share of the cost of a project 
under this section shall be as provided in this section.
    (m) Designated Projects.--Notwithstanding any other provision of 
this section, the Secretary shall allocate for each of fiscal
 
[[Page 119 STAT. 1203]]
 
years 2005, 2006, 2007, 2008, and 2009, from funds made available to 
carry out this section, 10 percent, 20 percent, 25 percent, 25 percent, 
and 20 percent respectively, of the following amounts for grants to 
carry out the following projects under this section:
 
 
------------------------------------------------------------------------
     No.         State        Project Description       Amount
------------------------------------------------------------------------
1.          CA           Bakersfield Beltway System    $140,000,000
 
2.          VA, WV, OH    Heartland Corridor Project     $90,000,000
                        including multiple
                      intermodal facility
                      improvements and
                      improvements to
                      facilitate the movement
                       of intermodal freight
                      from VA to OH............
 
3.          CA           Roadway improvements in       $55,000,000
                      and around the former
                      Norton Air Force Base as
                      part of the Inland Empire
                      Goods Movement Gateway
                      project..................
 
4.          MI           Planning, design, and        $20,000,000
                       construction of a new
                      American border plaza at
                      the Blue Water Bridge in
                      or near Port Huron, MI...
 
5.          IL           Construction of O'Hare       $140,000,000
                      Bypass/Elgin O'Hare
                      Extension................
 
6.          WI           Reconstruction of the        $30,000,000
                      Marquette Interchange,
                      Milwaukee WI.............
 
7.          IL           CREATE....................    $100,000,000
 
8.          OR           I-5 Bridge repair,          $160,000,000
                       replacement and
                      associated improvements
                      in the I-5 corridor......
 
9.          CA           Alameda Corridor East.....    $125,000,000
 
10.         IL           Mississippi River Bridge    $150,000,000
                      and related roads........
 
11.         CA           Transbay Terminal.........     $27,000,000
 
12.         NY           Cross Harbor Freight        $100,000,000
                      Movement Project, New
                      York.....................
 
13.         WA           Alaska Way Viaduct and       $100,000,000
                      Seawall Replacement......
 
14.         CA           Gerald Desmond/I-710        $100,000,000
                      Gateway Project..........
 
15.         CO           Denver's Union Station....     $50,000,000
 
16.         MN           Union Depot Multimodal        $50,000,000
                        Transit Facility.........
 
17.         CA           Sacramento Intermodal         $3,000,000
                      Station..................
 
18.         NJ           Liberty Corridor..........    $100,000,000
 
19.         NM           Relocate the El Paso, TX      $14,000,000
                      rail yard to Santa Teresa
 
 
[[Page 119 STAT. 1204]]
 
 
20.         PA           Route 23/US 422            $20,000,000
                        Interchange Modernization
                      and Route 363/US 422
                      Interchange Improvement
                      Project and U.S. 422
                      Widening, Montgomery
                        County, PA...............
 
21.         PA           Route 28 Widening and        $15,000,000
                      improvements, Allegheny
                      County, PA...............
 
22.         PA           Improvements to I-80,        $15,000,000
                      Monroe County, PA........
 
23.         SC           I-73, Construction of I-73     $40,000,000
                      from Myrtle Beach, SC to
                        I-95, ending at the North
                      Carolina State line......
 
24.         VA           Rail Relocation to route      $15,000,000
                      164/I-664 rail corridor,
                      Portsmouth...............
 
25.         WA           Replacement of the Alaskan    $120,000,000
                      Way Viaduct and Seawall
                      in Seattle...............
------------------------------------------------------------------------
 
SEC. 1302. <<NOTE: 23 USC 101 note.>> NATIONAL CORRIDOR INFRASTRUCTURE 
         IMPROVEMENT PROGRAM.
 
    (a) In General.--The Secretary shall establish and implement a 
program to make allocations to States for highway construction projects 
in corridors of national significance to promote economic growth and 
international or interregional trade pursuant to the selection factors 
provided in this section. A State must submit an application to the 
Secretary in order to receive an allocation under this section.
    (b) Selection Process.--
          (1) Priority.--In the selection process under this section, 
       the Secretary shall give priority to projects in corridors that 
       are a part of, or will be designated as part of, the Dwight D. 
       Eisenhower National System of Interstate and Defense Highways 
       after completion of the work described in the application 
       received by the Secretary and to any project that will be 
       completed within 5 years of the date of the allocation of funds 
       for the project.
          (2) Selection factors.--In making allocations under this 
       section, the Secretary shall consider the following factors:
               (A) The extent to which the corridor provides a link 
            between two existing segments of the Interstate System.
               (B) The extent to which the project will facilitate 
            major multistate or regional mobility and economic 
             growth and development in areas underserved by existing 
            highway infrastructure.
               (C) The extent to which commercial vehicle traffic 
            in the corridor--
                   (i) has increased since the date of enactment 
                of the North American Free Trade Agreement 
                Implementation Act (16 U.S.C. 4401 et seq.); and
                   (ii) is projected to increase in the future.
               (D) The extent to which international truck-borne 
            commodities move through the corridor.
 
[[Page 119 STAT. 1205]]
 
               (E) The extent to which the project will make 
            improvements to an existing segment of the Interstate 
            System that will result in a decrease in congestion.
               (F) The reduction in commercial and other travel 
            time through a major freight corridor expected as a 
            result of the project.
               (G) The value of the cargo carried by commercial 
            vehicle traffic in the corridor and the economic costs 
            arising from congestion in the corridor.
               (H) The extent of leveraging of Federal funds 
            provided to carry out this section, including--
                   (i) use of innovative financing;
                   (ii) combination with funding provided under 
                other sections of this Act and title 23, United 
                States Code; and
                   (iii) combination with other sources of 
                Federal, State, local, or private funding.
 
    (c) Applicability of Title 23.--Funds made available by section 
1101(a)(10) of this Act to carry out this section shall be available for 
obligation in the same manner as if such funds were apportioned under 
chapter 1 of title 23, United States Code; except that such funds shall 
remain available until expended, and the Federal share of the cost of a 
project under this section shall be determined in accordance with 
section 120 of such title.
    (d) State Defined.--In this section, the term ``State'' has the 
meaning such term has in section 101(a) of title 23, United States Code.
    (e) Designated Projects.--The Secretary shall allocate for each of 
fiscal years 2005, 2006, 2007, 2008, and 2009, from funds made available 
to carry out this section, 10 percent, 20 percent, 25 percent, 25 
percent, and 20 percent respectively, of the following amounts for 
grants to carry out the following projects under this section:
 
 
------------------------------------------------------------------------
     No.         State        Project Description        Amount
------------------------------------------------------------------------
1.          TX, AR, MS,     Planning, Design, and        $50,000,000
            TN, KY, IN    Construction of I-69 in
                      TX, LA, AR, MS, TN, KY,
                      and IN...................
 
2.          LA           Improvements to Louisiana    $20,000,000
                      Highway 1 between the
                      Caminada Bridge and the
                       intersection of LA
                      Highway 1 and U.S. 90....
 
3.          MD           Planning, design, and        $10,000,000
                      construction of the Inter
                       County Connector in
                      Montgomery and Prince
                      Georges County in
                      Maryland.................
 
4.          CA           Centennial Corridor Loop    $330,000,000
                      in Bakersfield...........
 
5.          VA           Construction of dedicated     $100,000,000
                      truck lanes on additional
                      capacity in I-81 in VA...
 
6.         CA           Design, Planning and        $100,000,000
                      Construction of State
                      Route 178 in Bakersfield.
 
 
[[Page 119 STAT. 1206]]
 
 
7.          CA           Widening of Rosedale         $60,000,000
                      Highway between SR 43 and
                      SR 99 in Bakersfield and
                      widening of SR 178
                      between SR 99 and D
                        street in Bakersfield....
 
8.          LA           Construction of the 36       $150,000,000
                      mile segment of I-49 in
                      LA between the Arkansas
                      State line and I-220 in
                      Shreveport...............
 
9.          AR           Construction of an          $40,000,000
                      extension of I-530 from
                      Pine Bluff, Arkansas to
                      Wilmar, Arkansas to
                      interstate specifications
 
10.         IL           Construction of the U.S. I-   $152,000,000
                      80 to I-88 North-South
                       Connector in Illinois....
 
11.         WI           Construction and            $30,000,000
                      reconstruction of the
                      U.S. Highway 41 corridor
                       between Milwaukee and
                      Green Bay, Wisconsin.....
 
12.         IL           Construction of Route 34      $55,000,000
                      Interchange and
                      improvements in Illinois.
 
13.         CA           Increase capacity on I-80    $50,000,000
                      between Sacrament/Placer
                      County Line and SR 65....
 
14.         AK           Planning, design, and        $30,000,000
                      construction of Knik Arm
                      Bridge...................
 
15.         IA, IL        Planning, design, right-of-    $15,000,000
                      way acquisition and
                        construction of the
                      Interstate Route 74
                      bridge from Bettendorf,
                      Iowa, to Moline, Illinois
 
16.         AR           Planning, design, and        $20,000,000
                      construction of the I-49/
                      Bella Vista Bypass in
                      Arkansas.................
 
17.         SC           Planning, design, and         $10,000,000
                      construction of the I-73
                      corridor of national
                      significance in South
                      Carolina.................
 
18.         CA           I-405 HOV lane............    $100,000,000
 
19.         AR           I-69 Corridor, including      $75,000,000
                      the Great River Bridge...
 
20.         MN           Falls-to-Falls Corridor...     $50,000,000
 
21.         DC           Frederick Douglass          $75,000,000
                      Memorial Bridge..........
 
22.         CT           Pearl Harbor Memorial        $35,000,000
                      Bridge...................
 
23.         IN           I-80 Improvements.........     $10,000,000
 
24.         CA           State Route 4 East Upgrade     $20,000,000
 
25.         LA           LA 1 Replacement..........    $5,000,000
 
26.         AZ            State Route 85 Upgrade....    $3,000,000
 
27.         WV           I-73/I-74 Corridor........     $50,000,000
 
 
[[Page 119 STAT. 1207]]
 
 
28.         LA           Construction of I-49 North     $27,500,000
                        from Shreveport,
                      Louisiana to Arkansas
                      State line (I-220 to AR
                      Line)....................
 
29.         LA           Transportation             $27,500,000
                      improvements to I-49
                      South....................
 
30.         OK           Ports to Plain Corridor in     $35,000,000
                      Oklahoma.................
 
31.         TN           For design, ROW and         $100,000,000
                      construction of
                      Interstate 69............
 
32.         CO           U.S. 287, Ports-to-Plains      $3,000,000
                        Corridor.................
 
33.         OK           State of Oklahoma I-44       $110,000,000
                      from Riverside to Yale
                      Avenue in Tulsa..........
------------------------------------------------------------------------
 
SEC. 1303. <<NOTE: 23 USC 101 note.>> COORDINATED BORDER INFRASTRUCTURE 
         PROGRAM.
 
    (a) General Authority.--The Secretary shall implement a coordinated 
border infrastructure program under which the Secretary shall distribute 
funds to border States to improve the safe movement of motor vehicles at 
or across the border between the United States and Canada and the border 
between the United States and Mexico.
    (b) Eligible Uses.--Subject to subsection (d), a State may use funds 
apportioned under this section only for--
          (1) improvements in a border region to existing 
       transportation and supporting infrastructure that facilitate 
       cross-border motor vehicle and cargo movements;
          (2) construction of highways and related safety and safety 
       enforcement facilities in a border region that facilitate motor 
       vehicle and cargo movements related to international trade;
          (3) operational improvements in a border region, including 
       improvements relating to electronic data interchange and use of 
       telecommunications, to expedite cross border motor vehicle and 
       cargo movement;
          (4) modifications to regulatory procedures to expedite safe 
       and efficient cross border motor vehicle and cargo movements; 
       and
          (5) international coordination of transportation planning, 
       programming, and border operation with Canada and Mexico 
      relating to expediting cross border motor vehicle and cargo 
       movements.
 
    (c) Apportionment of Funds.--On October 1 of each fiscal year, the 
Secretary shall apportion among border States sums authorized to be 
appropriated to carry out this section for such fiscal year as follows:
          (1) 20 percent in the ratio that--
               (A) the total number of incoming commercial trucks 
            that pass through the land border ports of entry within 
            the boundaries of a border State, as determined by the 
            Secretary; bears to
               (B) the total number of incoming commercial trucks 
            that pass through such ports of entry within the 
            boundaries of all the border States, as determined by 
            the Secretary.
          (2) 30 percent in the ratio that--
 
[[Page 119 STAT. 1208]]
 
               (A) the total number of incoming personal motor 
            vehicles and incoming buses that pass through land 
            border ports of entry within the boundaries of a border 
            State, as determined by the Secretary; bears to
               (B) the total number of incoming personal motor 
            vehicles and incoming buses that pass through such ports 
            of entry within the boundaries of all the border States, 
            as determined by the Secretary.
          (3) 25 percent in the ratio that--
               (A) the total weight of incoming cargo by commercial 
            trucks that pass through land border ports of entry 
            within the boundaries of a border State, as determined 
            by the Secretary; bears to
               (B) the total weight of incoming cargo by commercial 
            trucks that pass through such ports of entry within the 
            boundaries of all the border States, as determined by 
            the Secretary.
          (4) 25 percent of the ratio that--
               (A) the total number of land border ports of entry 
            within the boundaries of a border State, as determined 
            by the Secretary; bears to
               (B) the total number of land border ports of entry 
            within the boundaries of all the border States, as 
            determined by the Secretary.
 
    (d) Projects in Canada or Mexico.--A project in Canada or Mexico, 
proposed by a border State to directly and predominantly facilitate 
cross-border motor vehicle and cargo movements at an international port 
of entry into the border region of the State, may be constructed using 
funds apportioned to the State under this section if, before obligation 
of those funds, Canada or Mexico, or the political subdivision of Canada 
or Mexico that is responsible for the operation of the facility to be 
constructed, provides assurances satisfactory to the Secretary that any 
facility constructed under this subsection will be--
          (1) constructed in accordance with standards equivalent to 
       applicable standards in the United States; and
          (2) properly maintained and used over the useful life of the 
       facility for the purpose for which the Secretary is allocating 
      such funds to the project.
 
    (e) Transfer of Funds to the General Services Administration.--
          (1) State funds.--At the request of a border State, funds 
       apportioned to the State under this section may be transferred 
       to the General Services Administration for the purpose of 
       funding one or more projects described in subsection (b) if--
               (A) the Secretary determines, after consultation 
            with the transportation department of the border State, 
            that the General Services Administration should carry 
            out the project; and
               (B) the General Services Administration agrees to 
            accept the transfer of, and to administer, those funds 
            in accordance with this section.
          (2) Non-federal share.--
               (A) In general.--A border State that makes a request 
            under paragraph (1) shall provide directly to the 
            General Services Administration, for each project 
            covered by the request, the non-Federal share of the 
            cost of the project.
 
[[Page 119 STAT. 1209]]
 
               (B) No augmentation of appropriations.--Funds 
            provided by a border State under subparagraph (A)--
                   (i) shall not be considered to be an 
                augmentation of the appropriations made available 
                to the General Services Administration; and
                   (ii) shall be--
                          (I) administered, subject to 
                       paragraph (1)(B), in accordance with the 
                       procedures of the General Services 
                       Administration; but
                          (II) available for obligation in the 
                       same manner as if the funds were 
                       apportioned under chapter 1 of title 23, 
                       United States Code.
          (3) Obligation authority.--Obligation authority shall be 
       transferred to the General Services Administration for a project 
       in the same manner and amount as the funds provided for the 
       project under paragraph (1).
          (4) Limitation on transfer of funds.--No State may transfer 
       to the General Services Administration under this subsection an 
       amount that is more than the lesser of--
                (A) 15 percent of the aggregate amount of funds 
            apportioned to the State under this section for such 
            fiscal year; or
               (B) $5,000,000.
 
    (f) Applicability of Title 23.--Funds made available to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United States 
Code; except that, subject to subsection (e), such funds shall not be 
transferable and shall remain available until expended, and the Federal 
share of the cost of a project under this section shall be determined in 
accordance with section 120 of such title.
    (g) Definitions.--In this section, the following definitions apply:
          (1) Border region.--The term ``border region'' means any 
       portion of a border State within 100 miles of an international 
       land border with Canada or Mexico.
          (2) Border state.--The term ``border State'' means any State 
       that has an international land border with Canada or Mexico.
          (3) Commercial truck.--The term ``commercial truck'' means a 
       commercial motor vehicle as defined in section 31301(4) (other 
       than subparagraph (B)) of title 49, United States Code.
          (4) Motor vehicle.--The term ``motor vehicle'' has the 
       meaning such term has under section 101(a) of title 23, United 
       States Code.
          (5) State.--The term ``State'' has the meaning such term has 
       in section 101(a) of such title 23.
 
SEC. 1304. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM.
 
    (a) Evacuation Routes.--Section 1105(b) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 
2032) is amended in the first sentence by inserting ``and evacuation 
routes'' after ``corridors'' the first place it appears.
    (b) Corridors.--Section 1105(c) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2032) is amended--
 
[[Page 119 STAT. 1210]]
 
          (1) by striking paragraph (14) and inserting the following:
          ``(14) Heartland Expressway from Denver, Colorado, through 
       Scottsbluff, Nebraska, to Rapid City, South Dakota as follows:
               ``(A) In the State of Colorado, the Heartland 
            Expressway Corridor shall generally follow--
                   ``(i) Interstate 76 from Denver to Brush; and
                   ``(ii) Colorado Highway 71 from Limon to the 
                 border between the States of Colorado and 
                Nebraska.
               ``(B) In the State of Nebraska, the Heartland 
            Expressway Corridor shall generally follow--
                   ``(i) Nebraska Highway 71 from the border 
                between the States of Colorado and Nebraska to 
                Scottsbluff;
                   ``(ii) United States Route 26 from Scottsbluff 
                to the intersection with State Highway L62A;
                   ``(iii) State Highway L62A from the 
                intersection with United States Route 26 to United 
                States Route 385 north of Bridgeport;
                   ``(iv) United States Route 385 to the border 
                between the States of Nebraska and South Dakota; 
                and
                   ``(v) United States Highway 26 from 
                Scottsbluff to the border of the States of 
                Nebraska and Wyoming.
               ``(C) In the State of Wyoming, the Heartland 
            Expressway Corridor shall generally follow United States 
            Highway 26 from the border of the States of Nebraska and 
            Wyoming to the termination at Interstate 25 at 
            Interchange number 94.
               ``(D) In the State of South Dakota, the Heartland 
            Expressway Corridor shall generally follow--
                    ``(i) United States Route 385 from the border 
                between the States of Nebraska and South Dakota to 
                the intersection with State Highway 79; and
                   ``(ii) State Highway 79 from the intersection 
                with United States Route 385 to Rapid City.'';
          (2) in paragraph (23) by inserting before the period at the 
       end the following: ``and the connection from Wichita, Kansas, to 
       Sioux City, Iowa, which includes I-135 from Wichita, Kansas to 
       Salina, Kansas, United States Route 81 from Salina, Kansas, to 
       Norfolk, Nebraska, Nebraska State Route 35 from Norfolk, 
       Nebraska, to South Sioux City, Nebraska, and the connection to 
      I-29 in Sioux City, Iowa'';
          (3) in paragraph (33) by striking ``I-395'' and inserting 
       ``and including the I-395 corridor'';
          (4) by striking paragraph (34) and inserting the following:
          ``(34) The Alameda Corridor-East and Southwest Passage, 
       California. The Alameda Corridor-East is generally described as 
       the corridor from East Los Angeles (terminus of Alameda 
       Corridor) through Los Angeles, Orange, San Bernardino, and 
       Riverside Counties, to termini at Barstow in San Bernardino 
       County and Coachella in Riverside County. The Southwest Passage 
       shall follow I-10 from San Bernardino to the Arizona State 
       line.'';
          (5) by adding at the end the following:
          ``(46) Interstate Route 710 between the terminus at Long 
       Beach, California, to California State Route 60.
 
[[Page 119 STAT. 1211]]
 
          ``(47) Interstate Route 87 from the Quebec border to New 
       York City.
         ``(48) The Route 50 High Plains Corridor along the United 
       States Route 50 corridor from Newton, Kansas, to Pueblo, 
       Colorado.
          ``(49) The Atlantic Commerce Corridor on Interstate Route 95 
       from Jacksonville, Florida, to Miami, Florida.
          ``(50) The East-West Corridor commencing in Watertown, New 
       York, continuing northeast through New York, Vermont, New 
       Hampshire, and Maine, and terminating in Calais, Maine.
          ``(51) The SPIRIT Corridor on United States Route 54 from El 
       Paso, Texas, through New Mexico, Texas, and Oklahoma to Wichita, 
       Kansas.
          ``(52) The route in Arkansas running south of and parallel 
       to Arkansas State Highway 226 from the relocation of United 
       States Route 67 to the vicinity of United States Route 49 and 
       United States Route 63.
          ``(53) United States Highway Route 6 from Interstate Route 
       70 to Interstate Route 15, Utah.
          ``(54) The California Farm-to-Market Corridor, California 
       State Route 99 from south of Bakersfield to Sacramento, 
       California.
          ``(55) In Texas, Interstate Route 20 from Interstate Route 
       35E in Dallas County, east to the intersection of Interstate 
       Route 635, north to the intersection of Interstate Route 30, 
       northeast through Texarkana to Little Rock, Arkansas, Interstate 
       Route 40 northeast from Little Rock east to the proposed 
       Interstate Route 69 corridor.
          ``(56) In the State of Texas, the La Entrada al Pacifico 
       Corridor consisting of the following highways and any portion of 
       a highway in a corridor on 2 miles of either side of the center 
       line of the highway:
               ``(A) State Route 349 from Lamesa to the point on 
            that highway that is closest to 32 degrees, 7 minutes, 
            north latitude, by 102 degrees, 6 minutes, west 
            longitude.
               ``(B) The segment or any roadway extending from the 
            point described by subparagraph (A) to the point on 
            Farm-to-Market Road 1788 closest to 32 degrees, 0 
            minutes, north latitude, by 102 degrees, 16 minutes, 
            west longitude.
               ``(C) Farm-to-Market Road 1788 from the point 
            described by subparagraph (B) to its intersection with 
            Interstate Route 20.
               ``(D) Interstate Route 20 from its intersection with 
            Farm-to-Market Road 1788 to its intersection with United 
            States Route 385.
               ``(E) United States Route 385 from Odessa to Fort 
            Stockton, including those portions that parallel United 
            States Route 67 and Interstate Route 10.
               ``(F) United States Route 67 from Fort Stockton to 
            Presidio, including those portions that parallel 
            Interstate Route 10 and United States Route 90.
          ``(57) United States Route 41 corridor between Interstate 
       Route 94 via Interstate Route 894 and Highway 45 near Milwaukee 
       and Interstate Route 43 near Green Bay in the State of 
       Wisconsin.
          ``(58) The Theodore Roosevelt Expressway from Rapid City, 
       South Dakota, north on United States Route 85 to Williston,
 
[[Page 119 STAT. 1212]]
 
       North Dakota, west on United States Route 2 to Culbertson, 
       Montana, and north on Montana Highway 16 to the international 
       border with Canada at the port of Raymond, Montana.
          ``(59) The Central North American Trade Corridor from the 
       border between North Dakota and South Dakota, north on United 
       States Route 83 through Bismark and Minot, North Dakota, to the 
       international border with Canada.
          ``(60) The Providence Beltline Corridor beginning at 
       Interstate Route 95 in the vicinity of Hope Valley, Rhode 
       Island, traversing eastwardly intersecting and merging into 
       Interstate Route 295, continuing northeastwardly along 
       Interstate Route 95, and terminating at the Massachusetts 
       border, and including the western bypass of Providence, Rhode 
       Island, from Interstate Route 295 to the Massachusetts border.
          ``(61) In the State of Missouri, the corridors consisting of 
       the following highways:
               ``(A) Interstate Route 70, from Interstate Route 29/
              35 to United States Route 61/Avenue of the Saints.
               ``(B) Interstate Route 72/United States Route 36, 
            from the intersection with Interstate Route 29 to United 
            States Route 61/Avenue of the Saints.
               ``(C) United States Route 67, from Interstate Route 
            55 to the Arkansas State line.
               ``(D) United States Route 65, from United States 
            Route 36/Interstate Route 72 to the East-West 
            TransAmerica corridor, at the Arkansas State line.
               ``(E) United States Route 63, from United States 
            Route 36 and the proposed Interstate Route 72 to the 
            East-West TransAmerica corridor, at the Arkansas State 
            line.
               ``(F) United States Route 54, from the Kansas State 
            line to United States Route 61/Avenue of the Saints.
          ``(62) The Georgia Developmental Highway System Corridors 
       identified in section 32-4-22 of the Official Code of Georgia, 
       Annotated.
          ``(63) The Liberty Corridor, a corridor in an area 
       encompassing very critical and significant transportation 
       infrastructure providing regional, national, and international 
       access through the State of New Jersey, including Interstate 
       Routes 95, 80, 287, and 78, and United States Routes 1, 3, 9, 
       17, and 46, and portways and connecting infrastructure.
           ``(64) The corridor in an area of passage in the State of 
       New Jersey serving significant interstate and regional traffic, 
       located near the cities of Camden, New Jersey, and Philadelphia, 
       Pennsylvania, and including Interstate Route 295, United States 
       Route 42, United States Route 130, and Interstate Route 676.
          ``(65) The Interstate Route 95 Corridor beginning at the New 
       York State line and continuing through Connecticut to the Rhode 
       Island State line.
          ``(66) The Interstate Route 91 Corridor from New Haven, 
       Connecticut, to the Massachusetts State line.
          ``(67) The Fairbanks-Yukon International Corridor consisting 
       of the portion of the Alaska Highway from the international 
       border with Canada to the Richardson Highway, and the Richardson 
       Highway from its junction with the Alaska Highway to Fairbanks, 
       Alaska.
 
[[Page 119 STAT. 1213]]
 
          ``(68) The Washoe County corridor, along Interstate Route 
       580/United States Route 95/United States Route 95A, from Reno, 
       Nevada, to Las Vegas, Nevada.
          ``(69) The Cross Valley Connector connecting Interstate 
       Route 5 and State Route 14, Santa Clarita Valley, California.
          ``(70) The Economic Lifeline corridor, along Interstate 
       Route 15 and Interstate Route 40, California, Arizona, and 
       Nevada, including Interstate Route 215 South from near San 
       Bernadino, California, to Riverside, California, and State Route 
       91 from Riverside, California, to the intersection with 
       Interstate Route 15 near Corona, California.
          ``(71) The High Desert Corridor/E-220 from Los Angeles, 
       California, to Las Vegas, Nevada, via Palmdale and Victorville, 
       California.
          ``(72) The North-South corridor, along Interstate Route 49 
       North, from Kansas City, Missouri, to Shreveport, Louisiana.
          ``(73) The Louisiana Highway corridor, along Louisiana 
       Highway 1, from Grand Isle, Louisiana, to the intersection with 
       United States Route 90.
          ``(74) The portion of United States Route 90 from Interstate 
       Route 49 in Lafayette, Louisiana, to Interstate Route 10 in New 
       Orleans, Louisiana.
          ``(75) The Louisiana 28 corridor from Fort Polk to 
       Alexandria, Louisiana.
          ``(76) The portion of Interstate Route 75 from Toledo, Ohio, 
       to Cincinnati, Ohio.
          ``(77) The portion of United States Route 24 from the 
       Indiana/Ohio State line to Toledo, Ohio.
          ``(78) The portion of Interstate Route 71 from Cincinnati, 
       Ohio, to Cleveland, Ohio.
          ``(79) Interstate Route 376 from the Pittsburgh Interchange 
       (I/C No. 56) of the Pennsylvania Turnpike, westward on 
       Interstate Route 279, United States Route 22, United States 
       Route 30, and Pennsylvania Route 60, continuing past the 
       Pittsburgh International Airport on Turnpike Route 60, to the 
       Pennsylvania Turnpike (Interstate Route 76), Interchange 10, and 
       continuing north on Pennsylvania Turnpike Route 60 and on United 
       States Route 422 to Interstate Route 80.
          ``(80) The Intercounty Connector, a new east-west multimodal 
       highway between Interstate Route 270 and Interstate Route 95/
       United States Route 1 in Montgomery and Prince George's 
       Counties, Maryland.''; and
          (6) by aligning paragraph (45) with paragraph (46) (as added 
       by paragraph (5)).
 
    (c) Interstate Routes.--Section 1105(e)(5) of the Intermodal Surface 
Transporation Efficiency Act of 1991 <<NOTE: 105 Stat. 2031.>> is 
amended--
          (1) in subparagraph (A) by striking ``and subsection 
       (c)(45)'' and inserting ``subsection (c)(45), subsection 
       (c)(54), and subsection (c)(57)'';
          (2) by redesignating subparagraphs (B) through (D) as 
       subparagraphs (C) through (E); and
         (3) by inserting after subparagraph (A) the following:
               ``(B) Interstate route 376.--
                   ``(i) Designation of interstate route 376.--
                          ``(I) In general.--The routes 
                        referred to in subsection (c)(79), 
                       except the portion of Pennsylvania 
                       Turnpike Route 60 and United States 
                       Route
 
[[Page 119 STAT. 1214]]
 
                       422 between Pennsylvania Turnpike 
                       Interchange 10 and Interstate Route 80, 
                       shall be designated as Interstate Route 
                       376.
                          ``(II) Signs.--The State of 
                       Pennsylvania shall have jurisdiction 
                       over the highways described in subclause 
                       (I) (except Pennsylvania Turnpike Route 
                       60) and erect signs in accordance with 
                       Interstate signing criteria that 
                       identify the routes described in 
                        subclause (I) as Interstate Route 376.
                          ``(III) Assistance from secretary.--
                       The Secretary shall assist the State of 
                       Pennsylvania in carrying out, not later 
                       than December 31, 2008, an activity 
                       under subclause (II) relating to 
                       Interstate Route 376 and in complying 
                       with sections 109 and 139 of title 23, 
                       United States Code.
                   ``(ii) Other segments.--The segment of the 
                route referred to in subsection (c)(79) located 
                between the Pennsylvania Turnpike, Interchange 10, 
                and Interstate Route 80 may be signed as 
                Interstate Route 376 under clause (i)(II) if that 
                segment meets the criteria under sections 109 and 
                139 of title 23, United States Code.''.
 
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out, in accordance with title 23, United States 
Code, projects on corridors identified in section 1105(c) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
2032) such sums as may be necessary.
 
SEC. 1305. <<NOTE: 23 USC 137 note.>> TRUCK PARKING FACILITIES.
 
    (a) Establishment.--In cooperation with appropriate State, regional, 
and local governments, the Secretary shall establish a pilot program to 
address the shortage of long-term parking for commercial motor vehicles 
on the National Highway System.
    (b) Allocation of Funds.--
          (1) In general.--The Secretary shall allocate funds made 
       available to carry out this section among States, metropolitan 
       planning organizations, and local governments.
          (2) Applications.--To be eligible for an allocation under 
       this section, a State (as defined in section 101(a) of title 23, 
       United States Code), metropolitan planning organization, or 
       local government shall submit to the Secretary an application at 
       such time and containing such information as the Secretary may 
      require.
          (3) Eligible projects.--Funds allocated under this 
       subsection shall be used by the recipient for projects described 
       in an application approved by the Secretary. Such projects shall 
       serve the National Highway System and may include the following:
               (A) Constructing safety rest areas (as defined in 
            section 120(c) of title 23, United States Code) that 
            include parking for commercial motor vehicles.
                 (B) Constructing commercial motor vehicle parking 
            facilities adjacent to commercial truck stops and travel 
            plazas.
               (C) Opening existing facilities to commercial motor 
            vehicle parking, including inspection and weigh stations 
            and park-and-ride facilities.
 
[[Page 119 STAT. 1215]]
 
               (D) Promoting the availability of publicly or 
            privately provided commercial motor vehicle parking on 
            the National Highway System using intelligent 
            transportation systems and other means.
               (E) Constructing turnouts along the National Highway 
            System for commercial motor vehicles.
                (F) Making capital improvements to public commercial 
            motor vehicle parking facilities currently closed on a 
            seasonal basis to allow the facilities to remain open 
            year-round.
                (G) Improving the geometric design of interchanges 
            on the National Highway System to improve access to 
            commercial motor vehicle parking facilities.
          (4) Priority.--In allocating funds made available to carry 
       out this section, the Secretary shall give priority to 
       applicants that--
               (A) demonstrate a severe shortage of commercial 
            motor vehicle parking capacity in the corridor to be 
            addressed;
               (B) have consulted with affected State and local 
            governments, community groups, private providers of 
            commercial motor vehicle parking, and motorist and 
            trucking organizations; and
               (C) demonstrate that their proposed projects are 
            likely to have positive effects on highway safety, 
            traffic congestion, or air quality.
 
    (c) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
on the results of the pilot program.
    (d) Funding.--
          (1) In general.--There is authorized to be appropriated from 
       the Highway Trust Fund (other than the Mass Transit Account) to 
       carry out this section $6,250,000 for each of fiscal years 2006 
       through 2009.
          (2) Contract authority.--Funds authorized under this 
       subsection shall be available for obligation in the same manner 
       as if the funds were apportioned under chapter 1 of title 23, 
       United States Code; except that such funds shall not be 
       transferable and shall remain available until expended, and the 
       Federal share of the cost of a project under this section shall 
       be determined in accordance with sections 120(b) and 120(c) of 
       such title.
 
    (e) Treatment of Projects.--Notwithstanding any other provision of 
law, projects funded under this section shall be treated as projects on 
a Federal-aid system under chapter 1 of title 23, United States Code.
 
SEC. 1306. <<NOTE: 23 USC 103 note.>> FREIGHT INTERMODAL DISTRIBUTION 
         PILOT GRANT PROGRAM.
 
    (a) In General.--The Secretary shall establish and implement a 
freight intermodal distribution pilot grant program.
    (b) Purposes.--The purposes of the program established under 
subsection (a) shall be for the Secretary to make grants to States--
          (1) to facilitate and support intermodal freight 
       transportation initiatives at the State and local levels to 
       relieve congestion and improve safety; and
 
[[Page 119 STAT. 1216]]
 
          (2) to provide capital funding to address infrastructure and 
       freight distribution needs at inland ports and intermodal 
       freight facilities.
 <