To amend title 23, United States Code, to provide grants and technical assistance to restore orphan highways.

Summary: Orphan Highway Restoration Act - Defines "orphan highway" to mean a highway that: (1) formerly was a U.S. numbered highway; (2) no longer is a principal route for traffic passing through a state; and (3) because of decreased importance to statewide transportation, has received only routine maintenance but needs significant restoration.

Directs the Secretary of Transportation to: (1) make grants and provide technical assistance to states and local government units to restore orphan highways; and (2) allocate funds to grant recipients for FY2010-FY2015 based on a calculated formula.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Orphan Highway Restoration Act''.

SEC. 2. NATIONAL ORPHAN HIGHWAYS PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 167. National orphan highways program
    ``(a) Grants and Technical Assistance.--
            ``(1) In general.--The Secretary shall make grants and 
        provide technical assistance to States and units of local 
        government to--
                    ``(A) perform preventive maintenance on or carry 
                out projects for resurfacing, restoration, 
                reconstruction, and rehabilitation of an orphan 
                highway; and
                    ``(B) rehabilitate, repair, or construct sidewalks, 
                medians, bike lanes, traffic-calming devices, 
                signaling, or signs to enhance community livability on 
                or adjacent to an orphan highway.
            ``(2) Priority.--In making grants under this section, the 
        Secretary shall give priority to projects that--
                    ``(A) include rehabilitation measures that focus on 
                pedestrian safety;
                    ``(B) are coordinated with State and local adopted 
                preservation or development plans;
                    ``(C) promote cost-effective and strategic 
                investments in transportation infrastructure facilities 
                that minimize adverse impacts on the environment;
                    ``(D) promote innovative private sector strategies;
                    ``(E) foster public-private partnerships;
                    ``(F) include a higher percentage of State or 
                locally matched funds;
                    ``(G) have zoning designations that support more 
                intensive, mixed-use development along part or all of 
                the route; or
                    ``(H) upon completion, will result in the transfer 
                of ongoing management and administrative 
                responsibilities from the State to the local 
                jurisdiction.
            ``(3) Distribution of funds.--The Secretary shall allocate 
        funds made available for this section for fiscal years 2010 
        through 2015 among the grant recipients, using the latest 
        available census data, as follows:
                    ``(A) Not less than 20 percent of the funds shall 
                used for making grants to units of local government 
                with a population between 50,000 and 250,000 residents.
                    ``(B) Not less than 50 percent of the funds shall 
                be used for making grants to units of local government 
                with a population of less than 50,000.
    ``(b) Savings Clause.--The Secretary shall not withhold any grant 
or impose any requirement on a grant recipient as a condition of 
providing a grant or technical assistance for any orphan highway unless 
the requirement is consistent with the authority provided in this 
chapter.
    ``(c) Federal Share.--The Federal share of the cost of carrying out 
a project under this section shall be determined in accordance with 
section 120, except that, in the case of an orphan highway that 
provides access to or within Federal or Indian land, the head of a 
Federal land management agency may use funds authorized for such agency 
for the non-Federal share.
    ``(d) Administrative Oversight.--A grant recipient may use not more 
than 2 percent of funds received under this section for administrative 
costs.
    ``(e) Definitions.--In this section, the following definitions 
apply:
            ``(1) Orphan highway.--The term `orphan highway' means a 
        highway that--
                    ``(A) is or was formerly a United States numbered 
                highway;
                    ``(B) is located within the boundaries of a unit of 
                local government;
                    ``(C) is no longer a principal route for traffic 
                passing through the State after construction of a 
                bypass or Interstate System route;
                    ``(D) currently functions as a county, parish, or 
                city arterial or collector route, or provides access to 
                or within Federal or tribal lands; and
                    ``(E) because of decreased importance to statewide 
                transportation, has received only routine maintenance 
                but needs significant resurfacing, restoration, 
                reconstruction, or rehabilitation.
            ``(2) Unit of local government.--The term `unit of local 
        government' means--
                    ``(A) any city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State;
                    ``(B) any law enforcement district or judicial 
                enforcement district that--
                            ``(i) is established under applicable State 
                        law; and
                            ``(ii) has the authority to, in a manner 
                        independent of other State entities, establish 
                        a budget and impose taxes;
                    ``(C) an Indian tribe, as that term is defined in 
                section 4 of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b); or
                    ``(D) for the purposes of assistance eligibility, 
                any agency of the government of the District of 
                Columbia or the Federal Government that performs law 
                enforcement functions in and for--
                            ``(i) the District of Columbia; or
                            ``(ii) any Trust Territory of the United 
                        States.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $600,000,000 for each of fiscal 
years 2010 through 2015.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``167. National orphan highways program.''.