[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.
(c) Eligible Projects.--Projects for which grants may be made under
this section shall help relieve congestion, improve transportation
safety, facilitate international trade, and encourage public-private
partnership and may include projects for the development and
construction of intermodal freight distribution and transfer facilities
at inland ports.