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1

20–339

" ! SENATE 109TH CONGRESS

1st Session

REPORT

2005

109–53

Calendar No. 68

SAFE, ACCOUNTABLE, FLEXIBLE,

AND EFFICIENT

TRANSPORTATION EQUITY ACT OF 2005

REPORT

OF THE

COMMITTEE ON

ENVIRONMENT AND PUBLIC WORKS

UNITED STATES SENATE

TO ACCOMPANY

S. 732

APRIL 6, 2005.—Ordered to be printed.
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

one hundred ninth congress

JAMES M. INHOFE, Oklahoma, Chairman

JOHN W. WARNER, Virginia

CHRISTOPHER S. BOND, Missouri

GEORGE V. VOINOVICH, Ohio

LINCOLN CHAFEE, Rhode Island

LISA MURKOWSKI, Alaska

JOHN THUNE, South Dakota

JIM DEMINT, South Carolina

JOHNNY ISAKSON, Georgia

DAVID VITTER, Louisiana

JAMES M. JEFFORDS, Vermont

MAX BAUCUS, Montana

JOSEPH I. LIEBERMAN, Connecticut

BARBARA BOXER, California

THOMAS R. CARPER, Delaware

HILLARY RODHAM CLINTON, New York

FRANK R. LAUTENBERG, New Jersey

BARACK OBAMA, Illinois

ANDREW WHEELER Majority Staff Director

KEN CONNOLLY, Minority Staff Director

(II)
iii

CONTENTS

Page

General statement ................................................................................................... 1

Background ....................................................................................................... 1

Highway Safety Program ................................................................................. 2

Mobility ............................................................................................................. 3

Freight movement ............................................................................................ 3

Program stewardship and improved project delivery .................................... 4

Conclusion ......................................................................................................... 4

Section-by-section analysis ...................................................................................... 5

Section 1. Short title; table of contents. .......................................................... 5

Sec. 2. General definitions. .............................................................................. 5

Sec 3. Definitions for title 23. .......................................................................... 5

SUBTITLE A—FUNDING

Sec. 1101. Authorization of appropriations. .......................................................... 5

Sec. 1102. Obligation ceiling. .................................................................................. 7

Sec. 1103. Apportionments. ..................................................................................... 7

Sec. 1104. Equity bonus programs. ........................................................................ 8

Sec. 1105. Revenue aligned budget authority (RABA). ........................................ 9

SUBTITLE B—NEW PROGRAMS

Sec. 1201. Infrastructure performance and maintenance program (IPAM). ....... 9

Sec. 1202. Future of surface transportation system. ............................................ 10

Sec. 1203. Freight transportation gateways; freight intermodal connections. ... 10

Sec. 1204. Construction of ferry boats and ferry terminal and maintenance

facilities; coordination of ferry construction and maintenance. ....................... 11

Sec. 1205. Designation of Interstate Highways. ................................................... 11

Sec. 1206. State-by-State comparison of highway construction costs. ................. 11

SUBTITLE C—FINANCE

Sec. 1301. Federal share. ........................................................................................ 12

Sec. 1302. Transfer of highway and transit funds. ............................................... 12

Sec. 1303. Transportation Infrastructure Finance and Innovation Act (TIFIA)

Amendments. ........................................................................................................ 12

Sec. 1304. Facilitation of international registration plans and international

fuel tax agreements. ............................................................................................. 13

Sec. 1305. National Commission on Future Revenue Sources to Support the

Highway Trust Fund and Finance the Needs of the Surface Transportation

System. .................................................................................................................. 13

Sec. 1306. State infrastructure banks. ................................................................... 14

Sec. 1307. Public-private partnerships pilot program. ......................................... 14

Sec. 1308. Wagering. ............................................................................................... 15

SUBTITLE D—SAFETY

Sec. 1401. Highway safety improvement program. ............................................... 15

Sec. 1402. Operation lifesaver. ............................................................................... 16

Sec. 1403. License suspension. ............................................................................... 16

Sec. 1404. Bus axle weight exemption. .................................................................. 16

Sec. 1405. Safe routes to schools program. ............................................................ 17

Sec. 1406. Purchases of equipment. ....................................................................... 17

Sec. 1407. Workzone safety. .................................................................................... 17

Sec. 1408. Worker injury prevention and free flow of vehicular traffic. ............. 18

Sec. 1409. Identity authentication standards. ....................................................... 18

Sec. 1410. Open container requirements. .............................................................. 18
Page

iv

SUBTITLE E—ENVIRONMENTAL PLANNING AND REVIEW

CHAPTER 1—TRANSPORTATION PLANNING

Sec. 1501. Integration of natural resource concerns into State and metropolitan transportation planning. ............................................................................... 19

Sec. 1502. Consultation between transportation agencies and resource agencies in transportation planning. .......................................................................... 19

Sec. 1503. Integration of natural resource concerns into transportation project

planning. ............................................................................................................... 20

Sec. 1504. Public involvement in transportation planning and projects. ............ 20

Sec. 1505. Project mitigation. ................................................................................. 21

CHAPTER 2—TRANSPORTATION PROJECT DEVELOPMENT PROCESS

Sec. 1511. Transportation project development process. ...................................... 22

Sec. 1512. Assumption of responsibility for categorical exclusions. .................... 23

Sec. 1513. Surface transportation project delivery pilot program. ...................... 23

Sec. 1514. Parks, recreation areas, wildlife and waterfowl refuges, and historic sites. .............................................................................................................. 24

Sec. 1515. Regulations. ............................................................................................ 25

CHAPTER 3—MISCELLANEOUS

Sec. 1521. Critical real property acquisition. ........................................................ 25

Sec. 1522. Planning capacity building initiative. .................................................. 26

Sec. 1523. Intermodal passenger facilities. ............................................................ 26

SUBTITLE F—ENVIRONMENT

Sec. 1601. Environmental restoration and pollution abatement; control of

invasive plant species and establishment of native species. ............................ 27

Sec. 1602. National scenic byways program. ......................................................... 28

Sec. 1603. Recreational trails program. ................................................................. 28

Sec. 1604. Exemption of Interstate System. .......................................................... 29

Sec. 1605. Standards. .............................................................................................. 29

Sec. 1606. Use of high occupancy vehicle (HOV) lanes. ....................................... 29

Sec. 1607. Bicycle transportation and pedestrian walkways. .............................. 30

Sec. 1608. Idling reduction facilities in interstate rights-of-way. ........................ 31

Sec. 1609. Toll programs. ........................................................................................ 31

Sec. 1610. Federal reference method. .................................................................... 32

Sec. 1611. Addition of particulate matter areas to CMAQ. .................................. 32

Sec. 1612. Addition to CMAQ-eligible projects. ..................................................... 34

Sec. 1613. Improved interagency consultation. ..................................................... 36

Sec. 1614. Evaluation and assessment of CMAQ projects. .................................. 36

Sec. 1615. Synchronized planning and conformity timelines, requirements,

and horizon. .......................................................................................................... 36

Sec. 1616. Transition to new air quality standards. ............................................. 39

Sec. 1617. Reduced barriers to air quality improvements. ................................... 40

Sec. 1618. Air quality monitoring data influenced by exceptional events. ......... 41

Sec. 1619. Conforming amendments. ..................................................................... 41

Sec. 1620. Highway stormwater discharge mitigation program. ......................... 42

Sec. 1621. Exemption from certain hazardous materials transportation requirements. ........................................................................................................... 43

Sec. 1622. Funds for rebuilding fish stocks. .......................................................... 43

SUBTITLE G—OPERATIONS

Sec. 1701. Transportation systems management and operations. ....................... 43

Sec. 1702. Real-time system management information program. ....................... 44

Sec. 1703. Contracting for engineering and design services. ............................... 45

Sec. 1704. Off-duty time for drivers of commercial vehicles. ............................... 45

Sec. 1705. Designation of tranportation management areas. .............................. 45

SUBTITLE H—FEDERAL-AID STEWARDSHIP

Sec. 1801. Future Interstate System routes. ......................................................... 46

Sec. 1802. Stewardship and oversight. .................................................................. 46

Sec. 1803. Design-build contracting. ...................................................................... 46

Sec. 1804. Program efficiencies—finance. .............................................................. 47
Page

v

Sec. 1805. Set-asides for interstate discretionary projects. .................................. 47

Sec. 1806. Federal lands highways program. ........................................................ 47

Sec. 1807. Highway bridge program. ..................................................................... 49

Sec. 1808. Appalachian development highway system. ........................................ 49

Sec. 1809. Multistate corridor program. ................................................................ 49

Sec. 1810. Border planning, operations, and technology and capacity program. ..................................................................................................................... 50

Sec. 1811. Puerto Rico highway program. ............................................................. 50

Sec. 1812. National historic covered bridge preservation. .................................... 51

Sec. 1813. Transportation and community and system preservation pilot program. ..................................................................................................................... 51

Sec. 1814. Parking pilot programs. ........................................................................ 51

Sec. 1815. Interstate oasis program. ...................................................................... 52

Sec. 1816. Tribal-State road maintenance agreements. ....................................... 52

Sec. 1817. National forest system roads. ............................................................... 53

Sec. 1818. Territorial highway program. ............................................................... 53

Sec. 1819. Magnetic levitation transportation technology deployment program. ..................................................................................................................... 53

Sec. 1820. Donations and credits. ........................................................................... 53

Sec. 1821. Disadvantaged business enterprises. ................................................... 54

Sec. 1822. [Reserved]. .............................................................................................. 54

Sec. 1823. Priority for pedestrian and bicycle facility enhancement projects. .... 54

Sec. 1824. The Delta Regional Authority. .............................................................. 54

Sec. 1825. Multistate international corridor development program. ................... 55

Sec. 1826. Authorization of contract authority for states with indian reservations. ...................................................................................................................... 55

SUBTITLE I—TECHNICAL CORRECTIONS

Sec. 1901. Repeal or update of obsolete text. ........................................................ 55

Sec. 1902. Clarification of date. .............................................................................. 56

Sec. 1903. Inclusion of requirements for signs identifying funding sources

in title 23. ............................................................................................................. 56

Sec. 1904. Inclusion of Buy America requirements in title 23. ............................ 56

Sec. 1905. Technical amendments to nondiscrimination section. ........................ 56

TITLE II—TRANSPORTATION RESEARCH

SUBTITLE A—FUNDING

Sec. 2001. Authorization of appropriations. .......................................................... 56

Sec. 2002. Obligation ceiling. .................................................................................. 59

Sec. 2003. Notice. ..................................................................................................... 59

SUBTITLE B—RESEARCH AND TECHNOLOGY

Sec. 2101. Research and technology program. ...................................................... 60

Subsection 501. Definitions. ............................................................................ 60

Subsection 502. Surface transportation research. ......................................... 60

Subsection 503. Technology application program. ......................................... 61

Subsection 504. Training and education. ....................................................... 62

Subsection 505. State planning and research. ............................................... 63

Subsection 506. International highway transportation outreach program. . 63

Subsection 507. Surface transportation-environmental cooperative research program. ............................................................................................ 63

Subsection 508. Surface transportation research technology deployment

and strategic planning. ................................................................................. 64

Subsection 509. New strategic highway research program. ......................... 64

Subsection 510. University transportation centers. ....................................... 65

Subsection 511. Multistate corridor operation and management. ................ 65

Subsection 512. Transportation analysis simulation system. ....................... 66

Sec. 2102. Study of data collection and statistical analysis efforts. .................... 66

Sec. 2103. Centers for surface transportation excellence. .................................... 67

Sec. 2104. Motorcycle crash causation study grants. ............................................ 67

Sec. 2105. Transportation technology innovation and demonstration program. 67

SUBTITLE C—INTELLIGENT TRANSPORTATION SYSTEM RESEARCH

Sec. 2201. Intelligent transportation system research and technical assistance

program. ................................................................................................................ 68
Page

vi

Sec. 2201. Intelligent transportation system research and technical assistance

program.—Continued

Subsection 521. Finding. .................................................................................. 68

Subsection 522. Goals and purposes. .............................................................. 68

Subsection 523. Definitions. ............................................................................ 68

Subsection 524. General authorities and requirements. ............................... 69

Subsection 525. National ITS Program Plan. ................................................ 69

Subsection 526. National ITS architecture and standards. .......................... 69

Subsection 527. Commercial vehicle intelligent transportation system infrastructure program. ................................................................................... 70

Subsection 528. Research and development. .................................................. 70

Subsection 529. Use of funds. .......................................................................... 71

TITLE III—RECREATIONAL BOATING SAFETY PROGRAMS

Sec. 3001-3009. ........................................................................................................ 71

TITLE IV—SOLID WASTE DISPOSAL

Sec. 4001-4002. ........................................................................................................ 72

Hearings ................................................................................................................... 72

Legislative history ................................................................................................... 100

Rollcall votes ............................................................................................................ 101

Regulary impact statement ..................................................................................... 101

Mandates assessment .............................................................................................. 102

Cost of legislation .................................................................................................... 102

Changes in existing law .......................................................................................... 110
20–339

Calendar No. 68

109TH CONGRESS REPORT

1st Session " ! SENATE 109–53

SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT

TRANSPORTATION EQUITY ACT OF 2005

APRIL 6, 2005.—Ordered to be printed.

Mr. INHOFE, from the Committee on Environment and Public

Works, submitted the following

REPORT

[to accompany S. 732]

The Committee on Environment and Public Works, has considered an original bill to reauthorize the Transportation Equity Act

of the 21st Century through September 30, 2009, and favorably reports the same and recommend that the bill do pass.

GENERAL STATEMENT

Background

The Transportation Equity Act for the 21st Century was enacted

June 9, 1998, as Public Law 105-178. It authorized the Federal surface transportation programs for highways, highway safety, and

transit for the 6-year period between 1998-2003. The TEA–21 Restoration Act, enacted July 22, 1998, provided technical corrections

to the original law.

TEA–21 succeeded the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), which was landmark authorizing legislation for surface transportation. The Safe, Accountable, Flexible,

and Efficient Transportation Equity Act of 2005 (SAFETEA) strives

to combine the legacies of ISTEA and TEA–21 with new initiatives

to meet greater challenges of improving mobility and safety, while

protecting and enhancing human and natural environments.
2

The committee began the reauthorization process in the 107th

Congress by holding a series of hearings during which we heard

from over 100 witnesses and reviewed over 1500 pages of testimony. A common theme throughout all the hearings was that

TEA–21 worked. Accordingly, the committee did not seek to make

wholesale changes to the existing program.

In the 108th Congress, the Senate passed by an overwhelming

majority (76-21) S. 1072-the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 (SAFETEA). The bill authorized $318 billion for highway, transit, and safety programs. Despite all efforts in the last Congress, the Senate could not reach a

compromise with the House for final passage of a bill. Since the expiration of TEA–21 on September 30, 2003, the Federal-aid program has continued with a series of short-term extensions. This bill authorizes $283.9 billion in guaranteed spending and

contract authority over a six-year period. This level is consistent

with levels adopted by the House and White House. Subtracting

authorizations for the mass transit and safety, and funding for fiscal year 2004, the bill provides $191 billion for maintenance and

improvement of the nation’s roads and bridges over the five-year

period from fiscal year 2005 to 2009.

With few exceptions, provisions included in this bill are essentially the same as those of S. 1072 that was passed by the Senate

last year. The most significant difference is that it authorizes a

lower total funding level. At a lower funding level, the bill achieves

a 92 percent rate of return to States on Highway Trust Fund contributions. S. 1072 guaranteed a rate of return of 95 percent. Committee leaders agreed to the lower funding level of $283.9 billion

primarily to quickly advance the bill.

Under ISTEA and TEA–21, great progress has been made in preserving and improving the overall physical condition and operation

of our transportation system. In continuing the legacies of ISTEA

and TEA–21, the committee did not seek to make wholesale

changes to the program. This bill sets out to build on the success

in surface transportation legislation with changes in some program

areas.

Highway Safety Improvement Program

This bill creates a new core Highway Safety Improvement Program that is intended to raise safety consciousness and provide

funding support to reduce highway injuries and fatalities. Under

current law, States are required to use 10% of their Surface Transportation Program (STP) formula dollars for safety programs. This

bill also eliminates the 10% set-aside from STP and instead funds

a new safety core program. The existing STP formula is used to

distribute the new safety program dollars to the States.

All activities previously eligible under the Hazard Elimination

Program (section 152) are eligible under the new safety program.

Additional activities, related to work zone safety, such as traffic enforcement activities and installation of safety barriers, are added.

Maintained is the current set-aside for Railroad Grade Crossings

and increases it to $178,616,352 per year. The bill also establishes

a new Safe Routes to School Program authorizes for the program

$62,515,723 per year.
3

Mobility

Despite the historic increase in highways investment following

enactment of TEA–21, operational performance has declined. For

example, a trip that would have taken 25 minutes during congested

periods in 1987 now takes an additional 5 minutes. While increased capital investment is one way to address this issue, we

must also consider ways to better manage the existing system. This

bill proposes a national goal of real-time traffic information availability for the entire nation. This goal, while ambitious, is an important one because we need to reorient our thinking to recognize

the importance of allowing users of the system to utilize the system

more efficiently. Specifically, by providing travelers with useable

information, it will enable them to select the right travel alternative.

Mobility is a problem in both urban and rural areas. This bill

gives States and localities improved tools to address these problems. For example, States are permitted and encouraged to consider innovative techniques such as HOT lanes (charging single occupants a toll to use High Occupancy Lanes) and variable toll pricing (pricing a road during peak hours to control congestion). The

bill establishes an Intermodal Passenger Facilities Program, adopted from the Administration’s proposal, to improve connections between various modes of transportation. Current surface transportation programs fail to address the importance of intercity bus

service. In many cases, this type of service is the only link rural

communities have with larger urban areas. This bill encourages the

development of an integrated system of public transportation facilities through intercity bus facility grants. The bill also builds upon

the existing Interstate Reconstruction and Rehabilitation Pilot Program.

Although operational performance may have declined, the overall

physical condition of the nation’s highway and bridge infrastructure has improved. According to the 2002 Conditions and Performance report to Congress, the percentage of highway mileage with

‘‘acceptable’’ ride quality rose from 82.5 percent in 1993 to 86 percent in 2000. The data clearly demonstrates that increased investment results in better infrastructure. This bill follows the example

of TEA–21 and substantially increases the amount of dollars available for States and communities to improve their transportation facilities.

Freight Movement

Freight movement in America is expected to grow dramatically

in both volume and value over the coming decades. With increased

international trade and movement toward a ‘‘just-in-time’’ economy,

freight shipping will take on heightened importance. Throughout

the reauthorization hearings, the committee heard concerns about

inadequate facilities, insufficient capacity and inefficient connections.

This bill calls upon each State to designate freight coordinators

to ensure that freight needs are considered during the planning

process. Efficiency and capacity at both borders and along major,

multi-state trade corridors will be improved by modifications to

TEA–21. The committee also addresses challenges in the area of
4

intermodal connectivity by creating a Gateways initiative, which

includes a funding set-aside for completion of ‘‘last mile’’ connections. Inadequate connections between port terminals and highways or rail facilities and highways are a major factor in freight

congestion. Although the bill does not provide for separate funding

for freight connections, it does require State to consider freight infrastructure issues.

Program Stewardship and Improved Project Delivery

While the last 10 years has seen improvements in our national

surface transportation system, in some important cases this

progress has been too slow and costly. The committee heard testimony on the potential for waste and inefficiency in projects management. In implementing the new requirements established under

this bill, the committee encourages the FHWA to coordinate the

functions carried out in relation to program stewardship with Federal-aid financial officials within the FHWA. The committee has

also heard testimony about the time consuming process of project

delivery, from right-of-way acquisition and utility relocation to permitting and environmental documentation. The committee has responded with measures designed to improve both overall stewardship and project delivery.

This bill strengthens stewardship of highway trust fund dollars

by requiring project management plans and annual financial plans

for Federal-aid projects above $1 billion and requiring annual financial plans for all projects receiving $100 million or more in Federal-aid. As the highway system ages, extensive reconstruction will

be necessary. Many of these projects may be very large in scope

and therefore will require careful oversight.

This bill addresses several environmental issues. It contains provisions to ease the transition for areas designated nonattainment

under the new air quality standards. The transportation conformity

process is changed to better align it with air quality planning. This

bill provides tools to assist new nonattainment areas in determining conformity. The bill also makes progress in streamlining

the project delivery process. It encourages communities and project

sponsors to consider environmental concerns earlier in the process

and provides tools to reduce or eliminate unnecessary delays during the environmental review stage.

Conclusion

The link between a robust economy and a strong transportation

infrastructure is undeniable. The movement of people and goods is

one of the foremost links in the creation of jobs and opportunities

for Americans. The Department of Transportation estimates that

every $1 billion in new Federal investment creates more than

47,500 jobs. This bill is critically important for this nation’s recovering economy.
5

SECTION-BY-SECTION ANALYSIS

TITLE I—FEDERAL-AID HIGHWAYS

Section 1. short title; table of contents.

This section designates the title of the bill as the ‘‘Safe Accountable, Flexible, and Efficient Transportation Equity Act of 2005,’’

and lists the table of contents.

Sec. 2. General definitions.

This section defines the terms ‘‘Department’’ as Department of

Transportation and ‘‘Secretary’’ as the Secretary of Transportation

for the purposes of this Act.

Sec. 3. Definitions for title 23.

This section amends Section 101 of title 23, United States Code

to include various refinements to existing definitions. New definitions for ‘‘recreation roads’’ and ‘‘public forest service roads’’ are

added to reflect new classes of Federal lands highways and changes

to the definitions of ‘‘forest development roads and trails’’ and ‘‘forest road or trail’’ to reflect current U.S. Forest Service definitions

and a new class of Federal lands highways. Definitions for ‘‘freight

transportation gateway′′; ‘‘highway safety improvement project’’;

‘‘territorial highway system’’ and ‘‘transportation systems management and operations’’ are added.

SUBTITLE A—FUNDING

Sec. 1101. Authorization of appropriations.

SUMMARY

This section authorizes sums out of the Highway Trust Fund

(other than Mass Transit Account) for the Interstate Maintenance

Program, National Highway System, Bridge Program, Surface

Transportation Program, Congestion Mitigation and Air Quality

Improvement Program, Highway Safety Improvement Program,

Appalachian Development Highway System Program, Recreational

Trails Program, Federal Lands Highway Program, Multi-State Corridor Planning Program, Border, Planning, Operations and Technology Program, National Scenic Byways Program, Infrastructure

Performance and Maintenance Program, Construction of Ferry

Boats and Ferry Terminal Facilities, Puerto Rico Highway Program, Public-Private Partnerships Pilot Program, Denali Access

System, Delta Region Transportation Development Program, and

Intermodal Passenger Facilities.

DISCUSSION

The authorizing amounts to be appropriated are as follows:
6

Interstate Maintenance Program ............................................... $5,799,188,140 for fiscal year 2005

$6,032,059,334 for fiscal year 2006

$6,049,378,729 for fiscal year 2007

$6,351,069,528 for fiscal year 2008, and

$6,443,591,248 for fiscal year 2009

National Highway System .......................................................... $7,054,146,316 for fiscal year 2005

$7,333,629,462 for fiscal year 2006

$7,354,650,712 for fiscal year 2007

$7,720,825,041 for fiscal year 2008, and

$7,833,068,496 for fiscal year 2009

Bridge Program .......................................................................... $4,970,732,691 for fiscal year 2005

$5,157,180,500 for fiscal year 2006

$5,141,987,920 for fiscal year 2007

$5,429,922,039 for fiscal year 2008, and

$5,509,052,458 for fiscal year 2009

Surface Transportation .............................................................. $7,318,023,129 for fiscal year 2005

$7,597,631,986 for fiscal year 2006

$7,619,446,491 for fiscal year 2007

$7,999,438,719 for fiscal year 2008, and

$8,116,064,782 for fiscal year 2009

Congestion Mitigation and Air Quality Improvement ................ $1,979,088,016 for fiscal year 2005

$2,049,058,323 for fiscal year 2006

$2,054,941,629 for fiscal year 2007

$2,157,424,382 for fiscal year 2008, and

$2,188,954,810 for fiscal year 2009

Highway Safety Improvement Program ...................................... $1,196,657,870 for fiscal year 2005

$1,234,248,870 for fiscal year 2006

$1,246,818,516 for fiscal year 2007

$1,308,999,063 for fiscal year 2008, and

$1,328,233,842 for fiscal year 2009

Appalachian Development Highway System Program ............... $532,518,499 for fiscal years 2005 through 2009

Recreational Trails Program ...................................................... $54,154,424 for fiscal years 2005 through 2009

Federal Lands Highway Program Indian Reservation Roads .... $291,251,572 for fiscal year 2005

$312,578,616 for fiscal year 2006

$334,905,660 for fiscal year 2007

$357,232,704 for fiscal year 2008, and

$379,559,748 for fiscal year 2009

Recreation Roads ....................................................................... $44,654,088 for each fiscal years 2005 through 2009

Park Roads and Parkways ......................................................... $276,855,346 for fiscal year 2005, and

$285,786,164 for fiscal years 2006 through 2009

Refuge Roads ............................................................................. $26,792,453for fiscal years 2005 through 2009

Public Lands Highways .............................................................. $267,924,258 for fiscal years 2005 through 2009

Safety ......................................................................................... $35,723,270, for fiscal years 2005 through 2009

Multi-State Corridor Planning Program ..................................... $120,566,038 for fiscal year 2005

$140,660,377 for fiscal year 2006

$160,754,717 for fiscal year 2007

$180,849,057 for fiscal year 2008, and

$200,943,396 for fiscal year 2009
7

Border Planning, Operations, and Technology Program ............ $120,566,038 for fiscal year 2005

$140,660,377 for fiscal year 2006

$160,754,717 for fiscal year 2007

$180,849,057 for fiscal year 2008, and

$200,943,396 for fiscal year 2009

National Scenic Byways Program .............................................. $31,257,862 for fiscal year 2005

$32,150,943 for fiscal year 2006

$33,044,025 for fiscal year 2007, and

$34,830,189 for fiscal years 2008 and 2009

Infrastructure Performance and Maintenance Program ............ $0

Construction of Ferry Boats and Terminal Facilities Program .. $54,154,424 for fiscal years 2005 through 2009

Puerto Rico Highway Program ................................................... $129,496,855 for fiscal year 2005

$133,069,182 for fiscal year 2006

$137,534,591 for fiscal year 2007

$142,893,082 for fiscal year 2008, and

$145,572,327 for fiscal year 2009

Public-Private Partnerships Pilot Program ................................ $8,930,818 for fiscal years 2005 through 2009

Denali Access System ................................................................ $26,792,453 for fiscal years 2005 through 2009

Delta Region Transportation Development Program ................. $71,446,541 for fiscal years 2005 through 2009

Intermodal Passenger Facilities ................................................ $8,930,818 for fiscal years 2005 through 2009

Sec. 1102. Obligation ceiling.

SUMMARY

This section sets limits on obligations for spending.

DISCUSSION

The general limitation on spending shall be as follows:

$34,425,380,000 for fiscal year 2005,

$37,154,999,523 for fiscal year 2006,

$37,450,167,691 for fiscal year 2007,

$38,816,364,417 for fiscal year 2008, and

$40,321,257,845 for fiscal year 2009.

Sec. 1103. Apportionments.

SUMMARY

This section makes amendments to current apportionments. It

authorizes the appropriation of funds for the administrative expenses of the Federal Highway Administration and details the use

of these funds.

DISCUSSION

This section amends the amounts authorized for administrative

expenses, for specified programs to:

$415,283,019 for fiscal year 2005,

$428,679,245 for fiscal year 2006,

$442,075,472 for fiscal year 2007,
8

$455,471,698 for fiscal year 2008, and

$468,867,925 for fiscal year 2009.

Funds authorized in this section shall be used for the Federalaid highway program and programs authorized under chapter 2 of

title 23, USC. Such sums as the Secretary determines to be appropriate shall be transferred to the Appalachian Regional Commission for administrative activities associated with the Appalachian

highway development system.

The bill increases the set-aside for metropolitan planning to 1.5

percent from the same programs as under TEA–21 and, additionally, the new Highway Safety Program and Equity Bonus Program.

Because the 2000 Census establishes 46 new Metropolitan Planning Organizations (MPOs), an increase in funding for metropolitan planning is required. Under the law, each MPO is directed to

assume the responsibility for carrying out specific, costly and detailed Federal analysis as required under NEPA, Air Quality Conformity, Long Range Planning, Transportation Improvement Program planning, transportation modeling, operations, and public involvement. This bill further enhances MPO planning for habitat

plan development, freight movement, transportation security, deployment of ITS systems including operating and managing traffic

centers and incident management programs, and interacting with

emergency management officials regarding homeland security

issues.

Sec. 1104. Equity bonus program.

SUMMARY

This section strikes and replaces the Minimum Guarantee Program under Section 105 of title 23, United States Code with the

Equity Bonus Program.

DISCUSSION

The Secretary shall ensure that the percentages of apportionments of each State is sufficient to ensure that no State’s percentage return from the Highway Trust Fund is less than 92 percent

in each of the fiscal years 2005-2009. The rate of return shall include from each State, the total apportionments made for the fiscal

year for the Interstate Maintenance Program, the National Highway System Program, the Bridge Program, the Surface Transportation Program, the Congestion Mitigation and Air Quality Improvement Program, the Highway Safety Improvement Program,

the Appalachian Development Highway System Program, the Recreational Trails Program, the Infrastructure Performance and

Maintenance Program, the Metropolitan Planning Program, and

the Equity Bonus Program.

Special rules protect the calculations for States with a population

density of less than 20 persons per square mile, a population less

than 1 million, a median household income less than $35,000, or

a State with a fatality rate during 2002 on Interstate highways

greater than 1 fatality per 100 million vehicle miles traveled on

Interstate highways. Further, no State receives apportionments

less than 110 percent of the average annual apportionments for

specified programs during 1998-2003. There is a cap on the Equity
9

Bonus such that no State may receive apportionments more than

a specified percentage of their average for 1998-2003. The scope, or

percent funding included in the Equity Bonus program, remains

the same as TEA–21 at 92.5 percent.

Sec. 1105. Revenue aligned budget authority (RABA).

SUMMARY

This section changes the calculation of Revenue Aligned Budget

Authority under Section 110 of title 23, United States Code.

DISCUSSION

A new method of determining RABA is established in this section. This provision amends section 110 of title 23, to extend the

RABA provision through FY 2009. It also amends section 110 to

provide that if the RABA adjustment in a fiscal year is negative,

the amount of contract authority apportioned to the States for that

year shall be reduced by an amount equal to the negative RABA.

Under TEA–21, negative adjustments were delayed until the succeeding fiscal year. Under the new method, no reduction to apportionments are made for RABA for a fiscal year when the cash balance of the highway trust fund (other than the mass transit account) exceeds $6,000,000,000 on October 1 of that fiscal year.

SUBTITLE B—NEW PROGRAMS

Sec. 1201. Infrastructure performance and maintenance program.

SUMMARY

This discretionary program seeks to promote projects that result

in immediate benefits for the condition and performance of the

highway system. Infrastructure Performance and Maintenance Program (IPAM) avoids long-term commitments of funds and serves as

a means to spend down balances.

DISCUSSION

For activities under this section, States may obligate funds allocated to them under the following program categories: Interstate

Maintenance, National Highway System, Surface Transportation

Program, Highway Safety Improvement Program, Congestion Mitigation and Air Quality Improvement, and the Highway Bridge Program. Eligible activities include the preservation, maintenance, or

improvement of existing highway infrastructure elements including

hurricane evacuation routes, operational improvements at points of

recurring highway congestion, systematic changes to manage or improve areas of congestion.

The intent of the IPAM program is to fund ready-to-go projects

that may be undertaken and completed within a short time span.

A State must obligate IPAM funds within 180 days of the allocation or the Secretary shall withdraw both funds and obligation authority and redistribute them to States with the ability to obligate

additional IPAM funds before the end of the fiscal year. Any IPAM

funds not obligated by the end of the fiscal year shall lapse.
10

Sec. 1202. Future of surface transportation system.

SUMMARY

Actions under this section shall address the future transportation

needs in the interest of preserving and enhancing the surface

transportation system to meet the needs of the United States for

the 21st Century.

DISCUSSION

Section 101 of title 23 is amended by changing the declaration

of policy to include additional language to support the transportation needs of the 21st century. The Secretary shall conduct a

complete investigation and study of the current conditions and the

future needs of the surface transportation system. This section describes the specific issues to be addressed and what shall be reported to the Committee on Environment and Public Works of the

Senate and the Committee on Transportation and Infrastructure of

the House of Representatives.

Sec. 1203. Freight transportation gateways; freight intermodal connections.

SUMMARY

This program promotes intermodal improvements for freight

movement into and through nationally or regionally significant

trade transport gateways, ports, and hubs, including improvements

to intermodal connectors.

DISCUSSION

States shall create a freight transportation coordinator position

to coordinate public and private collaboration in developing regional solutions to freight transportation and freight gateway problems. States are directed to ensure that intermodal freight transportation needs are integrated into the project development process, including transportation planning.

The intent of these provisions is to direct use of Federal-aid dollars: (1) for intermodal freight movement to relieve existing and future truck traffic congestion at major gateways and hubs; and (2)

to encourage adoption of new financing strategies to leverage State,

local, and private investment in freight transportation gateways;

and (3) to increase economic efficiency by facilitating the movement

of goods. This section also makes intermodal freight projects eligible for NHS and STP, and directs each State to set aside not less

than 2% of its annual NHS apportionment to carry out this section.

A State may claim exemption from this 2% set aside if it can certify that its intermodal connectors provide adequate levels of service of civilian and military needs and that no significant intermodal

connector needs remain unaddressed on the National Highway System.
11

Sec. 1204. Construction of ferry boats and ferry terminal and maintenance facilities; coordination of ferry construction and maintenance.

SUMMARY

This bill codifies the Ferry Boat Program and requires the Secretary to carry out a program for the construction of ferry boats

and ferry facilities in accordance with section 129(c). The section

specifies projects to be given priority.

DISCUSSION

The total amount made available from the Highway Trust Fund

for this program is $54,154,424 for each of fiscal years 2005

through 2009. In allocating these funds, the Secretary shall give

priority to ferry boat services that carry the greatest number of

passengers and vehicles, as well as those that provide critical access to areas that are not well-served by other modes of transportation.

Sec. 1205. Designation of Interstate Highways.

SUMMARY

This section designates Interstate Highway 86 in the State of

New York as the Daniel Patrick Moynihan Interstate Highway and

the 3 mile segment of Interstate 86 between New York State Route

15 in the vicinity of Painted Post, New York and State Route 352

in the vicinity of Corning, New York as the Amo Houghton Bypass.

Sec. 1206. State-by-State comparison of construction costs.

SUMMARY

This section provides a new provision for collecting data necessary to compare highway construction costs among the States.

DISCUSSION

The Federal Highway Administrator is required to collect State

bid price data to compare highway construction costs among the

States. The Administrator shall take into account the specified

Government Accountability Office (GAO) report to determine appropriate data and data collection procedures and prepare a report

for submission to the Environment and Public Works Committee of

the United States Senate and the Transportation and Infrastructure Committee of the United States House of Representatives.

The committee expects that the Department will aggressively

promote the use of innovative and cost-effective materials in all

highway transportation programs and projects. The use of incentives is to be encouraged through the Department’s research programs and in its outreach efforts to the States and to the highway

construction industry. Such cost-effective materials and products

should provide efficiencies while saving taxpayer dollars in comparison to commonly used alternatives, and shall include, for example, high density polyethylene drainage pipe. The committee anticipates that the Department will submit a report to provide the com-
12

mittee with a progress update within eighteen months of enactment.

SUBTITLE C—FINANCE

Sec. 1301. Federal share.

SUMMARY

This section amends provisions under title 23 regarding the Federal share payable on Federal-aid projects.

DISCUSSION

This section authorizes States to determine a lower Federal

share than otherwise applicable to Federal-aid highway projects. A

new ‘‘sliding scale’’ calculation is adopted to determine the increased Federal share payable (up to 95% on projects with an otherwise lower Federal share payable) based on the percentage of a

State’s land area that is non-taxable Indian land, public land, national forest, or national park and monument.

Sec. 1302. Transfer of highway and transit funds.

SUMMARY

This section clarifies and authorizes the transferability of funds

from the Highway Trust Fund.

DISCUSSION

This provision clarifies that title 23 funds may be transferred by

the Secretary to the Federal Transit Administration for other than

a transit capital project, provided such project is eligible for title

23 assistance.

This section also allows funds derived from the HTF to be transferred, at the request of a State, to another State or States or to

a Federal agency provided that they are expended on title 23 eligible projects.

An equal amount of obligation authority is transferred with

funds transferred from one State to another State. Funds may only

be used for the same purpose and in the same manner for which

they were authorized.

Sec. 1303. Transportation Infrastructure Finance and Innovation

Act Amendments.

SUMMARY

This section makes amendments to the TIFIA program under

sections 181 through 189 of title 23.

DISCUSSION

The change to section 181(8)(D), as redesignated, expands the

definition of freight-related projects eligible for TIFIA assistance.

The provision also allows for a group of such related projects to be

eligible, each of which individually might not meet the threshold

requirements to apply for TIFIA credit assistance.
13

The change to section 182(a)(1) clarifies the provision regarding

statewide and metropolitan planning requirements. The existing

provision contained language that could be misinterpreted to constrain TIFIA assistance in the case of a project with a construction

timetable that extended beyond the typical three-year approved

State Transportation Improvement Program (STIP).

The changes to section 182(a)(3) lowers the threshold cost for eligible projects to $50 million, and also allows to be eligible projects

that are equal to or exceed 20 percent of the Federal highway

funds apportioned to that State in the most recently completed fiscal year.

The change to section 183(a)(4) codifies current regulation requiring a project’s senior obligations to receive an investment-grade

rating in order to execute a secured loan agreement.

The changes to section 184(b)(4) conform the interest rate setting

mechanism for the line of credit with that for secured loans. This

change allows the Department to execute both agreements on the

same date at the same interest rate if a borrower utilizes both a

secured loan and a line of credit for the same project.

Section 188(a)(2) allows all collected fees to be available to the

Secretary without further appropriation to carry out this section.

Section 188(a)(3) maintains the limit on administrative costs.

Sec. 1304. Facilitation of international registration plans and international fuel tax agreements.

SUMMARY

This section allows the Secretary to provide assistance to States

to help with administrative needs resulting from their service as a

home jurisdiction for motor carriers from Mexico.

DISCUSSION

The International Fuel Tax Agreement (IFTA) and the International Regional Plan (IRP) are agreements among various US

States and Canadian Provinces that facilitate the efficient collection and distribution of fuel use taxes and apportioned registration

fees among each member jurisdiction.

Under both programs, each motor carrier designates its home

State or Province as the jurisdiction responsible for collecting fuel

use taxes and fees. Since the implementation of NAFTA, the Mexican government imposes and collects fuel taxes and registration

fees differently from the US and Canada. The National Governors

Association is currently evaluating Mexico and its participation in

the IFTA and IRP programs. In the interim, Mexican motor carriers may use individual US States or Canadian Provinces as their

home jurisdiction.

Sec. 1305. National Commission on Future Revenue Sources to Support the Highway Trust Fund and Finance the Needs of the

Surface Transportation System.

SUMMARY

This section establishes a National Commission to conduct a

comprehensive study of the principal revenue sources that support
14

the Highway Trust Fund. The National Commission shall investigate new or alterative sources of revenue to fund the needs of the

surface transportation system for the next 30 years and beyond.

DISCUSSION

The commission is required to provide in-depth information on

the timing and magnitude of potential revenue needs and factors

that must be considered in implementing any policy alternatives.

The study shall examine the following factors: 1) the affects of each

major tax that goes into the HTF; 2) the ability to increase taxes

if there are revenue shortfalls; and 3) potential new sources of revenue to support highway, transit, and other surface transportation

programs.

Sec. 1306. State infrastructure banks.

SUMMARY

This section amends 1511(b)(1)(A) of TEA–21, which named the

following States: Missouri, Rhode Island, California, and Florida.

This change extends the program to any State that seeks to establish a State infrastructure bank.

DISCUSSION

This bill reauthorizes the State Infrastructure Bank (SIB) program under which all States are authorized to enter into cooperative agreements with the Secretary to set up infrastructure revolving funds eligible to be capitalized with Federal transportation

funds authorized for the FY 2005-2009 period.

The SIB program gives State the capacity to increase the efficiency of the their transportation investment and significantly leverage Federal resources by attracting non-Federal public and private investment. The program provides greater flexibility to the

States by allowing other types of project assistance in addition to

the traditional reimbursable grant.

SIBs provide various forms of non-grant assistance to eligible

projects, including at or below-market rate subordinate loans, interest rate buy-downs on third party loans, and guarantees and

other forms of credit enhancement. Any debt that the SIB issues

or guarantees must be of investment grade caliber.

Sec. 1307. Public-private partnerships pilot program.

SUMMARY

This program authorizes a public-private partnership pilot program.

DISCUSSION

This new program is established to demonstrate the advantage

of public-private partnerships for critical capital development

projects, including highway, bridge, and freight intermodal connector projects. The Secretary shall select a minimum of ten

projects.
15

Sec. 1308. Wagering.

SUMMARY

This section repeals Chapter 35 of the Internal Revenue Code of

1986

DISCUSSION

The Internal Revenue Code is amended to repeal provisions: 1)

prohibiting a person from engaging in the business or trade of wagering until they have paid a special tax imposed on such wagering; 2) requiring such persons to register with the internal revenue

district; and 3) regarding the disclosure of returns and return information with respect to special taxes imposed on wagering. Imposes

a $10,000 penalty on persons who are involved in the sale of certain special fuels for which a tax is imposed and who fail to register with Secretary.

SUBTITLE D—SAFETY

Sec. 1401. Highway safety improvement program.

SUMMARY

This program authorizes a new core Federal-aid funding program

for the Highway Safety Improvement Program (HSIP) in section

148 of title 23.

DISCUSSION

The committee heard compelling testimony that further progress

was needed to project the safety of the traveling public. While rates

of highway fatalities have decreased in recent years, 42,000 Americans still lose their lives on the nation’s highways each year . In

response, the committee has elected to create and apportion funds

for a new core program, the Highway Safety Improvement Program. Recognizing that needs and circumstances vary in each

State, the committee has sought to provide flexibility to the States

on how the new program funds are spent. To ensure that such

flexibility is well applied, the committee will require each State to

develop a safety plan and restrict spending under the program to

projects or activities arising from that plan.

Section 133 of title 23, is amended by eliminating the current

provision that requires States to set-aside a minimum of 10% of

Surface Transportation Program funds for safety programs. Section

148 is subject to three set-asides: 1) $178,616,352 for the elimination of hazards and the installation of protective devices at railway-highway crossings; 2) $22,327,044 for the improvement of traffic signs and pavement markings to accommodate older drivers and

pedestrians, and 3) $62,515,723 for the Safe Routes to Schools program under section 150 of title 23.

Section 1401 eliminates the Hazard Elimination Program under

Section 152 of title 23, and incorporates it into 23 USC 148 the

new HSIP. Additional categories eligible for funding under this section have been added to what is currently eligible under subsection

(f) and (g) of section 152, title 23.
16

The HSIP directs State transportation departments to establish

and implement a State strategic highway safety plan in their State.

In order to receive funds for this program, States must have a process in place to analyze highway safety problems and opportunities

and to produce strategies to mitigate identified safety problems.

States must also submit an annual report to the Secretary that

identifies hazardous locations and elements, and assesses the costs

and impediments to eliminating the hazards.

States that have developed a strategic highway safety plan are

also permitted to use up to 25% of their section 148 funds on safety

projects carried out under any other section of title 23 as long as

the project is consistent with the State’s strategic highway safety

plan.

The development of a strategic highway safety plan does not require changes in existing planning processes, plans, or programs of

other State transportation or highway safety agencies.

Sec. 1402. Operation lifesaver.

SUMMARY

This section increases the funding level for Operation Lifesaver

from $500,000 to $535,849 for each fiscal year and moves the

source of funding from the Surface Transportation Program to section 148, the Highway Safety Improvement Program.

Sec. 1403. License suspension.

SUMMARY

Section 164(a)(3) of title 23 is amended by inserting a new definition for license suspension.

DISCUSSION

Safety advocates have found that repeat offenders will often illegally drive during expended period of license suspension. Upon recommendation of safety advocates, the committee has amended the

definition of license suspension.

The term license suspension will now mean the suspension of all

driving privileges of an individual for the duration of the suspension period; or the combination of suspension of all driving privileges of an individual for the first 90 days of the suspension period,

followed by reinstatement of limited driving privileges requiring

the individual to operate only motor vehicles equipped with an ignition interlock system or other device approved by the Secretary

during the remainder of the suspension period.

Sec. 1404. Bus axle weight exemption.

SUMMARY

This section amends section 127 of title 23, relating to axle

weight limitations for vehicles using the interstate system.

DISCUSSION

This section amends section 127 of title 23 to exempt any overthe-road bus (as defined in section 301 of the Americans With Dis-
17

abilities Act of 1990) or any vehicle that is regularly and exclusively used as an intrastate public agency transit passenger bus

using the National System of Interstate and Defense Highways

from the maximum gross weight limitations imposed by any State.

Sec. 1405. Safe routes to schools program.

SUMMARY

This section creates a new Safe Routes to Schools Program, section 150 of title 23. The Secretary shall establish and carry out a

safe routes to schools program for the benefit of children who walk

and bicycle to school.

DISCUSSION

The committee feels that it is important to encourage children to

embrace a healthy and active lifestyle. The Safe Routes to Schools

program works towards this goal by making bicycling and walking

a safer and more appealing transportation alternatives. For this

program, the Secretary shall set-aside $62,515,723 from section 148

to facilitate the planning, development, and implementation of

projects and activities that will improve safety within two miles of

primary and secondary schools. The Secretary shall distribute

these funds using the formula established in section 148.

Sec. 1406. Purchases of equipment.

SUMMARY

Section 152 of title 23 is amended to recommend that States or

other entities carrying out a project funded under this section, analyze the savings associated with purchasing versus renting equipment. This section applies to any equipment priced in excess of

$75,000 and aerial work platforms in excess of $25,000.

Sec. 1407. Workzone safety.

SUMMARY

This section attempts to minimize injuries and fatalities in work

zones by imposing insurance requirements and requiring the use of

ITS technologies and safety budgeting.

DISCUSSION

The committee is concerned about the growing number of facilities and injuries in roadway construction work zones. In an effort

to help reduce this clear public problem, the committee encourages

the use of ‘‘Unit Bid Pricing’’ in Federal-aid highway contracts for

costs related to motorist and roadway construction worker safety,

including installation and maintenance of traffic control devices,

utilization of law enforcement personnel, and the creation of positive separation between workers and motorists.

Specifically, section 358(b) of the National Highway System Designation Act of 1995 is amended to direct the Secretary to further

encourage safety measures on Federally-assisted projects above a

specified cost threshold. This section attempts to minimize injuries

and fatalities in work zones by recommending certain insurance
18

practices and the use of certain ITS technologies and safety budgeting. All Federally-funded projects must also fully fund at least 5

percent of the project costs for work zone safety and temporary

traffic control measures.

The committee is interested in providing flexible application at

the State and local levels by encouraging the Secretary of Transportation to develop broad guidelines that will then be specifically

implemented locally, in accordance with local needs.

Sec. 1408. Worker injury prevention and free flow of vehicular traffic.

SUMMARY

This section ensures increased worker safety and assists with the

free flow of vehicular traffic.

DISCUSSION

This section directs the Secretary to promulgate regulations recommending workers near a Federal-aid highway to wear high-visibility clothing, and to recommend any other worker-safety measures that the Secretary deems necessary to minimize worker injuries and maintain the free flow of vehicular traffic.

Sec. 1409. Identity authentication standards.

SUMMARY

This section adds additional requirements for authenticating the

identities of applicants for commercial drivers’ licenses by State departments of motor vehicles.

DISCUSSION

This section directs the Secretary to develop minimum standards

of identification for State departments of transportation for applicants for commercial drivers’ licenses. In consultation with the Secretary of Homeland Security and the Federal Motor Carrier Safety

Administration, the Secretary shall ensure that an informationbased identity authentication be carried out for issuing, renewing,

upgrading, or transferring a commercial driver’s license.

Sec. 1410. Open container requirements.

SUMMARY

This section extends and expands existing sanctions on States

which have not passed open container laws.

DISCUSSION

Section 154 of title 23 is amended by replacing subsection (c)

with a new formula and approach to penalizing States which have

not passed an open container law prohibiting the possession of any

open alcoholic beverage container or the consumption of any alcoholic beverage in the passenger area of a motor vehicle. Under

TEA–21, the penalty imposed on affected States would transfer 1.5

percent of funds apportioned to that State under paragraphs (1),

(3), and (4) of section 104(b) (the Surface Transportation, National
19

Highway System, and Interstate Maintenance programs) to the apportionment of the State under section 402 (Highway Safety Programs) or for use under section 152 (Hazard Elimination Programs). This penalty structure is eliminated and replaced by withholding 2 percent of an affected State’s apportionment under paragraphs (1), (3) and (4) of section 104(b). Funds withheld may be restored to a State’s apportionment, if, within four years of a reduced

apportionment, a State has enacted and is enforcing an open container law.

SUBTITLE E—ENVIRONMENTAL PLANNING AND REVIEW

Chapter 1—Transportation Planning

Sec. 1501. Integration of natural resource concerns into state and

metropolitan transportation planning.

SUMMARY

This section amends 23 U.S.C. §134(f) and 135(c) to add factors

that may be considered during the transportation planning process.

It also gives States and metropolitan planning organizations

(MPOs) the flexibility to determine, after soliciting and considering

comment from the public, which of the specific factors are most appropriate for the State or metropolitan area to consider. Current

language in the statute that bars court review of failure to consider

specified planning factors is retained.

DISCUSSION

Current law requires the planning process to provide for consideration of projects and strategies that will, among other things,

protect and enhance the environment and improve quality of life.

The items added by section 1501 provide planners with more direction as to what those concepts mean, but do not constitute a checklist with every item requiring consideration by every State and

MPO. Instead, the legislation allows each State and MPO to decide

which specific factors are appropriate for consideration. Early identification of potential environmental concerns may help reduce or

avoid delays during environmental review. The Secretary is given

no authority to review, for purposes of planning certification, the

determination of appropriate factors made by a State or MPO.

Sec. 1502. Consultation between transportation agencies and resource agencies in transportation planning.

SUMMARY

This section amends 23 U.S.C. §134(g) and 135(e) to require

MPOs and States to consult with various other agencies when developing the long range transportation plan. Consultation shall include comparison of the transportation plan to conservation plans

or maps and inventories of natural or historic resources (if such

plans, maps or inventories are available) or consideration of areas

where wildlife crossing structures may be needed. The section also

requires that the long-range plan include a discussion of potential

habitat, hydrological, and environmental mitigation activities that

may assist in compensating for loss of habitat, wetlands and other
20

environmental functions, including areas that may have the greatest potential to restore and maintain the habitat types and

hydrological and environmental function affected by the plan.

DISCUSSION

The requirement for transportation planners to consult with appropriate resource agencies to compare transportation plans with

available State conservation plans or maps and available inventories of natural or historic resources, as well as to identify areas

where wildlife crossing structures may be needed, will help planners to identify and potentially avoid or minimize impacts of transportation projects on these resources and thereby facilitate more efficient environmental reviews of individual projects. However, for

various reasons including financial constraints, State conservation

plans or maps or inventories of natural or historic resources do not

exist for many areas. This legislation does not require the creation

of such plans, maps, or inventories. Consideration of areas where

wildlife crossing structures may be needed is required only with respect to transportation programs and strategies for the future. A

review of the current infrastructure is not required. The discussion

of potential mitigation activities and areas in which to carry out

those activities is intended to encourage States to think strategically, particularly for habitat and wetlands mitigation. The level of

detail of this discussion should correspond to the level of detail contained in the rest of the plan. For example, a conceptual transportation plan may, but is not required to, include specific size or location details that would generally be determined during the environmental review stage.

Sec. 1503. Integration of natural resource concerns into transportation project planning.

SUMMARY

This section amends 23 U.S.C. §109(c) to direct the Secretary to

consider two documents regarding context sensitive design when

developing criteria for project design. The current provision for consideration of ‘‘A Policy on Geometric Design of Highways and

Streets’’ is retained.

DISCUSSION

Context sensitive design involves consideration of the environmental context of a project and encourages design that minimizes

impacts on the project’s surroundings. Adding context sensitive design principles to the current design criteria will give transportation officials the flexibility to adjust to the characteristics of each

specific location while still ensuring sound engineering and safety

measures.

Sec. 1504. Public involvement in transportation planning and

projects.

SUMMARY

This section amends 23 U.S.C. §134(g) and 135(e) to provide that

States and MPOs improve public involvement in the planning proc-
21

ess. To the maximum extent practicable, States and MPOs shall

hold any public meetings at convenient and accessible locations and

times, employ visualization techniques, and provide for publication

of publicly available planning materials in electronically accessible

formats, such as the world wide web.

DISCUSSION

Use of advancing technology to publish plans and better articulate potential benefits and impacts of transportation plans will improve community awareness during the planning process. Early

identification of community concerns may help reduce or avoid

delays during the environmental review stage. MPOs, particularly

small MPOs, and States have limited resources to apply toward

meeting numerous planning requirements. Therefore, each MPO

and State should use its own discretion in allocating resources for

improved utilization of technology.

Sec. 1505. Project mitigation.

SUMMARY

This section amends chapter I of title 23, U.S.C., to allow States

to establish habitat, streams, and wetlands mitigation funds for efforts related to those activities. States are allowed to deposit Surface Transportation Program and National Highway System dollars

into the funds. States may use the funds for habitat, streams, or

wetlands mitigation related to a project or projects funded under

title 23. In selecting sites for mitigation efforts, States should give

preference to sites with the greatest potential to restore and preserve habitat and conserve biodiversity. States may also use these

funds to protect existing roadways from anticipated flooding of a

closed basin lake.

DISCUSSION

Federal and State environmental laws may often require habitat,

stream or wetland mitigation to compensate for adverse environmental impacts that may result from transportation projects. For

example: 1) compliance with the Endangered Species Act may require habitat mitigation as a reasonable and prudent measure necessary to minimize the impact on listed endangered or threatened

species; 2) compliance with the Clean Water Act may require

stream mitigation in order to obtain water quality certification

from the State under Section 401; 3) section 404 of the Clean

Water Act requires permits for the discharge of dredged or fill material into navigable waters, which may require mitigation of wetlands. The State Mitigation Fund is a planning and project management tool available to States to provide additional flexibility

and certainty in meeting mitigation requirements mandated by

other environmental laws. In addition, States may use the mitigation funds to undertake larger mitigation efforts based on the total

impacts of multiple projects rather than project by project mitigation, enabling States to more effectively plan for and provide the

mitigation that is or likely will be required for transportation

projects under other environmental laws.

Chapter 2—Transportation Project Development Process
22

Sec. 1511. Transportation project development process.

SUMMARY

Section 1511, subsection (a), creates a new section 326 of title 23,

U.S.C., which authorizes the use of and sets forth a process for

agencies to prepare environmental review documents, studies, approvals, and permits required by Federal law for approval of a

transportation project.

Section 326(a) defines, for purposes of the section, the terms

agency, environmental impact statement, environmental review

process, project, project sponsor, and State transportation department. Subsection (b) establishes the Department as the lead agency

and allows the process laid out in this section to be used by the

lead agency either at the request of the project sponsor or with the

concurrence of the project sponsor; (c) lists the responsibilities of

the lead agency; and (d) sets out the responsibilities of the cooperating agencies.

Section 326(e) directs the lead agency to develop a coordination

plan, which shall include a workplan and a schedule. Default deadlines are included in the case of the collaborative process failing to

establish comment deadlines. Subsections (f) and (g) describe the

process for developing the project purpose and need and alternatives, respectively. Current standards are left unchanged, but opportunity for public comment is specifically provided.

Section 326(h) sets out a process for resolving inter agency disputes that arise during the environmental review process; (i) directs the Secretary to establish a program to measure and report

progress toward improving and expediting the planning and National Environmental Policy Act (NEPA) review process; (j) continues authority for the Secretary to provide funds to other agencies to assist them in carrying out the environmental review process for a project; and (k) clarifies that nothing in this section affects

judicial review or the applicability of any Federal environmental

statutes.Section 1511, subsection (b) repeals section 1309 of the

Transportation Equity Act for the 21st Century (112 Stat. 232).

DISCUSSION

Section 1309 of TEA–21 directed the Secretary of Transportation

to ’’develop and implement a coordinated environmental review

process for highway construction and mass transit projects.’’ To

date, regulations implementing section 1309 have not been issued.

Section 1511 of this legislation replaces section 1309 of TEA–21

and is intended to facilitate faster and more efficient completion of

transportation projects without diminishing environmental protections contained in law.

The process established is for complying with current environmental laws, it does not amend or override any current law. As in

TEA–21, agencies are encouraged to conduct their reviews, analyses, and studies concurrently with the review required under the

NEPA. Under this process, interested parties will be involved in

the earlier stages of the review required under the NEPA.

The Department, as the lead agency, will be responsible for identifying and inviting cooperating agencies; developing an agency coordination plan, including a workplan and a schedule; and deter-
23

mining the purpose and need of a project and the alternatives to

be considered. Whereas current practice involves cooperating agency designations for only those few agencies that will play a major

role in reviewing the project, this process expands the meaning of

the term to include all agencies that have an interest in or special

expertise regarding the project or its potential impacts.

Public involvement is also enhanced under this process. In addition to leaving unchanged any current opportunities for public comment, this process includes new opportunity for public comment

during the determination of project purpose and need and selection

of alternatives to be considered.

Finally, the legislation leaves unchanged the authorization from

TEA–21 for States to use their Federal transportation dollars as

assistance to resource agencies in order to expedite resource agency

activities in the environmental review process.

Sec. 1512. Assumption of responsibility for categorical exclusions.

SUMMARY

Section 1512 gives the Secretary authority to assign and a State

the ability to assume the Secretary’s responsibility for processing

the environmental review for projects classified as categorical exclusions under current Council on Environmental Quality regulations.

DISCUSSION

Categorical exclusions (CEs), according to current Council on Environmental Quality regulations, are projects that ‘‘do not individually or cumulatively have a significant effect on the human environment’’. Approximately 90% of all surface transportation projects

are processed as CEs. So, while CEs take significantly less time to

prepare than environmental impact statements, a slight improvement in processing time for each CE can result in a large improvement system wide.

Sec. 1513. Surface transportation project delivery pilot program.

SUMMARY

This section establishes a pilot program for not more than five

States to assume the Secretary’s responsibility for environmental

review for a project. This delegation does not extend to conformity

determinations, planning requirements, or rulemaking authority.

Delegation of the Secretary’s responsibility to a State shall be governed by a written agreement between the Secretary and the State.

To ensure compliance by a State, the Secretary shall conduct periodic audits for each State participating in the program. The public

shall have opportunity to comment prior to the submission of a

State’s application to participate in the pilot program and following

an audit of compliance with the agreement.

DISCUSSION

The legislation includes a 5-State pilot program (including a pilot

for the State of Oklahoma) for delegation of certain of the Secretary’s environmental review responsibilities for transportation
24

projects within the pilot State. The pilot program is intended to

provide information to the committee and to the public as to

whether delegation of the Secretary’s environmental review responsibilities will result in more efficient environmental reviews that

are performed according to the same procedural and substantive

requirements as would apply if the Secretary were conducting the

reviews.

Sec. 1514. Parks, recreation areas, wildlife and waterfowl refuges,

and historic sites.

SUMMARY

Section 1514, subsection (a) amends section 138 of title 23 and

section 303 of title 49, United States Code, to allow transportation

programs and projects to move forward as long as the impacts are

no more than de minimis impacts on protected parks, recreation

areas, wildlife or waterfowl refuges and historic sites.

Subsection (b) directs the Secretary to promulgate within one

year of enactment regulations to clarify the factors to be considered

and the standards to be applied in determining the prudence and

feasibility of alternatives under section 138 of title 23 and section

303 of title 49, United States Code.

Subsection (c) requires the Secretary and the Transportation

Board of the National Academy of Sciences jointly to conduct a

study on the implementation of the amended sections.

DISCUSSION

The Department of Transportation Act of 1966 prohibited the approval of any transportation program or project that requires the

use of public parks, recreation areas, wildlife or waterfowl refuges

or public or private historic sites unless there are no prudent and

feasible alternatives and the program or project includes all possible planning to minimize harm to these protected resources (this

provision is commonly referred to as ‘‘section 4(f)’’).

Subsection 1514(a) provides that section 4(f) requirements are

satisfied if the program or project will have only a de minimis impact on the area. For historic sites, a finding of de minimis impact

may only occur if: 1) through the consultative process under section

106 of the National Historic Preservation Act (16 U.S.C. 470(f)), the

Secretary determines that the program or project will have no adverse impact on the historic site or that there will be no historic

properties affected; 2) the applicable State or tribal historic preservation officer provides written concurrence with the Secretary’s determination; and 3) the finding is developed in consultation with

consulting parties under the section 106 process.

For parks, recreation areas, and wildlife and waterfowl refuges,

a finding of de minimis impact may only occur if: 1) through review

required under the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.), the Secretary determines that the program or

project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge

eligible for protection under section 4(f); and 2) the official(s) with

jurisdiction over the protected resource concurs with the Secretary’s finding. The purpose of the language is to clarify that the
25

portions of the resource important to protect, such as playground

equipment at a public park, should be distinguished from areas

such as parking facilities. While a minor but adverse effect on the

use of playground equipment should not be considered a de minimis impact under section 4(f), encroachment on the parking lot

may be deemed de minimis, as long as the public’s ability to access

and use the site is not reduced.

This subsection also provides that for all section 4(f)-protected resources, the Secretary shall consider any avoidance, minimization,

mitigation or enhancement measures required to be implemented

as a condition for approval of the program or project when determining if the project will have a de minimis impact. This language

builds in an incentive for project sponsors to incorporate environmentally protective measures into a project from the beginning.

The traditional section 4(f) requirements will apply to all projects

with impacts that exceed the de minimis threshold even when mitigation measures are taken into account.

In its decision in Citizens to Preserve Overton Park v. Volpe, 401

U.S. 402 (1971), the Supreme Court ruled that determinations on

no feasible and prudent alternatives must find that there are

unique problems or unusual factors involved in the use of alternatives or that the cost, environmental impacts, or community disruption resulting from such alternatives reach extraordinary magnitudes.

In order to address inconsistent guidance and regional interpretations of the Overton Park decision, subsection 1514(b) directs the

Secretary to issue regulations to clarify the factors to be considered

and the standards to be applied in determining whether alternatives are ‘‘prudent and feasible’’ under section 138 of title 23 and

section 303 of title 49, United States Code. The fundamental legal

standard contained in the Overton Park decision for evaluating the

prudence and feasibility of avoidance alternatives will remain as

the legal authority for these regulations, however, the Secretary

will be able to provide more detailed guidance on applying these

standards on a case-by-case basis.

Subsection 1514(c) requires a study of the implementation of section 4(f) as amended. The study shall include evaluation of items

such as any efficiencies resulting from the amendments of this section; the post-construction effectiveness of impact mitigation and

avoidance commitments adopted; and the quantity of projects with

de minimis impacts and information on the location, size and costs

of the projects.

Sec. 1515. Regulations.

This section directs the Secretary to promulgate within one year

regulations necessary to carry out chapters 1 and 2 of the subtitle.

Chapter 3—Miscellaneous

Sec. 1521. Critical real property acquisition.

SUMMARY

This section enables States to use Federal funds to acquire expeditiously a limited number of parcels that may be needed for future

transportation purposes and are threatened by future economic de-
26

velopment. The early acquisition maintains viable transportation

options and provides the States with an opportunity to reserve future alignment alternatives while allowing timely and cost-saving

acquisitions.

DISCUSSION

This section provides that, in limited circumstances and with the

Secretary’s approval, State may use title 23 funds to cover costs incurred in acquiring parcels of real property, considered to be critical for any project proposed for title 23 funding, prior to the completion of environmental reviews for property acquisition. Environmental reviews and approvals are required before physical construction, demolition, or clearing can occur. States cannot retain

the Federal-aid share of the proceeds if a parcel is sold or leased.

Prior to the acquisition approval, the Secretary must determine

that the property is offered for sale on the open market and the

State has determined that acquisition is critical because the property value is increasing significantly, there is imminent threat of

development of the property, and the property is necessary for implementation of the project’s stated goals.

Sec. 1522. Planning capacity building initiative.

SUMMARY

This section establishes a planning capacity building initiative to

strengthen metropolitan and statewide transportation planning

under this title and under Chapter 52 of title 49, and to enhance

Tribal capacity to conduct joint transportation planning under

Chapter 2 of title 23.

DISCUSSION

Priority shall be given to planning practices and processes that

support the transportation elements of homeland security planning,

performance based planning, safety planning, operations planning,

freight planning, and integration of environment and planning. The

Federal Highway Administration, in cooperation with the Federal

Transit Administration, will administer the initiative.

Sec. 1523. Intermodal passenger facilities.

SUMMARY

The section amends chapter 55 of title 49, U.S.C., Intermodal

Transportation, and replaces it with a new Intermodal Passenger

Facilities.

DISCUSSION

The purpose of this subchapter is to accelerate the integration of

intermodal facilities among North America’s passenger transportation modes by ensuring intercity public transportation access to

intermodal passenger facilities, encouraging the development of an

integrated system of public transportation information, and providing intercity bus intermodal facility grants.

Under this subchapter, the Secretary shall make grants, on a

competitive basis, to State and local governmental authorities for
27

financing a capital project that the Secretary determines justified

with an adequate financial commitment. A capital project, under

this subchapter, may be the acquisition, construction, improvement, or renovation of an intermodal facility that is related physically and functionally to intercity bus service and that establishes

or enhances coordination between intercity bus service and other

modes of transportation. A capital project could also be the added

cost of providing better access between intercity bus service and

other transportation. The primary criterion for selection is the extent to which the facility enhances the integration of all modes of

intercity and local public transportation, as well as the connection

with the private automobile.

The Federal share shall not exceed 50 percent of the net project

costs, as determined by the Secretary. Up to 30 percent of the nonFederal share may include amounts appropriated to or made available to a Federal department or agency for transportation purposes.

Under the proposal, $10,000,000 in contract authority shall be

available from the Highway Trust Fund for each of fiscal years

2005 through 2009 to carry out this subchapter. These facilities

will further assist in linking passengers arriving and departing

through airports, public transportation facilities, train stations, and

seaports with their final home, work, and tourism destinations.

SUBTITLE F—ENVIRONMENT

Sec. 1601. Environmental restoration and pollution abatement; control of invasive plant species and establishment of native species.

SUMMARY

This section amends title 23 to establish eligibility for environmental restoration and pollution abatement, and invasive species.

The section makes eligible the use of NHS and STP funds for activities under this section.

DISCUSSION

Section 165 establishes the eligibility for environmental restoration and pollution abatement and authorizes the use of funds for

projects, including retrofitting and construction of stormwater

treatment systems to meet Federal and State requirements under

sections 410 and 402 of the Federal Water Pollution Control Act,

which will address water pollution or environmental degradation

caused wholly or partially by a transportation facility. The expenditure of funds is limited to 20 percent of the total cost of an ongoing

reconstruction, rehabilitation, resurfacing or restoration project.

Current law allows a State to use STP funds for environmental

restoration and pollution abatement projects (including the retrofit

or construction of stormwater treatment systems) to address water

pollution or environmental degradation caused or contributed to by

transportation facilities. As amended, the use of STP funds is now

extended and the use of NHS funds is now authorized for these

projects, as well as mitigation projects related to Federal highways
28

but not limited to those currently undergoing reconstruction, rehabilitation, resurfacing or restoration.

Section 166 establishes provisions for the control of invasive

plant species and the establishment of native plant species. Activities carried out under this section must be related to transportation

projects funded under Title 23. Activities to control invasive plant

species or to establish native species may be carried out in advance, concurrently with, or following project construction. Activities carried out in advance of projects are allowed if such measures

are consistent with Federal law and State transportation planning

processes.

Sec. 1602. National scenic byways program.

SUMMARY

This section amends section 162 of title 23, the National Scenic

Byways Program.

DISCUSSION

Section 162 of title 23 is amended to recognize that the Secretary

already promotes a collection of National Scenic Byways and AllAmerican Roads as ‘‘America’s Byways.’’ If State and byway representatives reach consensus on establishing a single designation

category, then these amendments will provide the Secretary with

the authority to use any of the three terms – National Scenic Byways, All-American Roads, or America’s Byways – as the single

designation.

A new subsection is added to authorize the Secretary to form

public-private partnerships to carry out technical assistance, marketing, market research, and promotion with respect to National

Scenic Byways, All-American Roads, or America’s Byways. The National Scenic Byways and All-American Roads currently are promoted collectively as America’s Byways.

Sec. 1603. Recreational trails program.

SUMMARY

This section allows funds to be used to provide and maintain recreational trails for motorized and nonmotorized recreational trail

uses.

DISCUSSION

The changes in section 206 of title 23 amend the permissible uses

of funds apportioned to States under this program. Eligible categories are added to permit trail assessment for accessibility and

maintenance, and to hire trail crews, youth conservation, or service

corps to perform recreational trails activities. Non-law enforcement

trail safety and trail- use monitoring patrols, and trail-related

training are now activities eligible for Recreational Trails Program

(RTP) educational funds. However, funds provided under this program are not intended to support routine law enforcement.

Under this section, pre-approval planning and environmental

compliance costs may be credited toward the non-Federal share for
29

RTP projects, limited to costs incurred less than 18 months prior

to project approval.

Since projects in this section are much smaller than typical highway projects, this program is relieved of several requirements,

which, while appropriate for large highway projects, are excessively

burdensome for small trail projects. RTP projects are not subject to

sections 112, 114, 116, 134, 135, 138, 217, and 301, of title 23 and

section 303 of title 49.

Sec. 1604. Exemption of Interstate System.

SUMMARY

This section establishes an exemption for the Interstate System

from consideration under section 303 of title 49 and section 138 of

title 23, regardless of whether the Interstate System or portions of

the System may be listed on or eligible for the National Register

of Historic Places. A portion of the Interstate System that possesses an independent feature of historic significance, such as a

bridge or an architectural feature, shall be considered an historic

site under section 303 of title 49 and section 138 of title 23, as applicable.

Sec. 1605. Standards.

SUMMARY

This section amends section 109 of title 23, Standards. The

changes to section 109 are made to place greater emphasis on the

need to consider preservation of human and natural resources as

a part of the decision making process in developing highway

projects.

DISCUSSION

Consideration of the impacts of highway projects has been part

of the design process for many years. However, the transportation

community, the traveling public, and communities have demanded

improvements in project delivery and in the make-up of the product

that is delivered. Compatibility with the surrounding context, or

environment, and improved safety for the motorist and the pedestrian are critical. The changes to this section address the need to

see that highway projects meet all of these goals by having a

project sponsor consider community preservation and community

concerns.

This section also adds directs the Secretary to ensure that the

plans and specifications for proposed highway projects have considered preservation, historic, scenic, natural environment, and community values. States can use existing processes for demonstrating

that they have considered the subject factors.

Sec. 1606. Use of high occupancy vehicle lanes.

SUMMARY

This section amends section 102(a) of title 23 to clarify existing

law and provide more flexibility to State and local agencies for effective management of HOV facilities.
30

DISCUSSION

This section identifies the types of vehicles that are exempt from

meeting the minimum occupancy requirements for HOV facilities.

This provision also identifies the possible options that responsible

agencies may select from and use as operational strategies to maximize the use of existing and planned future HOV facilities and

highway capacity, mitigate congestion, and reduce fuel consumption. Motorcycles shall not be considered single-occupant vehicles

and shall be allowed to use HOV facilities, consistent with the provisions of section 163 of the Surface Transportation Assistance Act

of 1982.

Responsible agencies may allow low-emission and energy-efficient

vehicles to use HOV facilities provided that the agency: (1) creates

a program that defines how such qualifying vehicles are selected

and certified, (2) establishes a method to label qualifying vehicles

(3) continuously monitors, evaluates, reports to the Secretary on

performance, (4) and imposes restrictions on the use of HOV lanes

by vehicles that do not meet established requirements.

Responsible agencies are provided with the option of charging vehicles a toll for the use of an HOV facility if these vehicles do not

meet the minimum occupancy requirements, and if the requirements of section 129 of title 23 are met.

A responsible agency under this section includes a State department of transportation, local transportation agency, or other public

or private entity designated by a State to collect a toll on HOV

lanes.

Sec. 1607. Bicycle transportation and pedestrian walkways.

SUMMARY

This section makes minor amendments to section 217 of title 23.

DISCUSSION

These changes explicitly allow the use of STP and CMAQ funds

for non-construction pedestrian safety programs whereby current

law only mentions bicycle safety. It also explicitly mentions pedestrian use on bridges, whereby current law only mentions bicycle

use.

The current practice of charging user fees for shared-use paths

is now explicitly allowed. The fees collected by a State must be

used for maintenance and operation of shared use paths within the

State. This provision restricts the application of a user fee to

shared-use paths not within a highway right-of-way and prohibits

extension of user fees to sidewalks or bicycle lanes.

In order to address concerns regarding bicycle and pedestrian

safety, the national bicycle and pedestrian clearinghouse first authorized in section 1212(i) of TEA–21 is reauthorized. A new subsection (i) provides funding and contract authority for these safety

efforts for fiscal years 2004 through 2009.

This section also provides that the bicycle and safety grants are

to be funded by a set-aside from the Surface Transportation Program.
31

Sec. 1608. Idling reduction facilities in Interstate rights-of-way.

SUMMARY

This section creates an exception to the prohibition of the placement of commercial establishments in rest and recreation areas,

and in safety rest areas, constructed or located on rights-of-way of

the Interstate System.

DISCUSSION

The purpose of this exception allows States (either directly or

through contracts) to place electrification or other idling reduction

facilities in rest areas that can be used to provide heating, air conditioning, electricity, and communication to motor vehicles used for

commercial purposes. Through these facilities, operators of such

motor vehicles are able to receive these services without turning on

their engines, thereby reducing vehicle emissions. States, other

public agencies, and private entities that are already allowed to operate on the Interstate System, may charge for the services provided under this authority.

Sec. 1609. Toll programs.

SUMMARY

This section modifies the Interstate System Reconstruction and

Rehabilitation Program and establishes a new Fast and Sensible

Toll Lanes Program. The Interstate System Reconstruction and Rehabilitation Pilot Program, established in TEA–21 is amended to

ease the eligibility criteria for participation in the pilot program.

The Fast and Sensible Lanes Program replaces the Value Pricing

Pilot Program under TEA–21.

DISCUSSION

The change to the Interstate System Reconstruction and Rehabilitation Pilot Program eases the requirement for States to demonstrate that financing the improvements through tolls is the most

efficient, economical, or expeditious way to advance the project. It

is the intent of the committee that States may use variable pricing

under this program. The pilot program remains limited to 3 facilities in 3 different States. A modification to this section designates

that one of the facilities be located in Virginia.

This section also establishes the Fast and Sensible Toll (FAST)

Lanes program to manage congestion, reduce emissions in a nonattainment or maintenance area, or to finance the addition of one

or more lanes to an interstate to reduce congestion. The Secretary

may permit a State to place tolls on highway, bridge or tunnel that

are facilities that currently collect tolls, existing HOV facilities, or

facilities that are upgraded for additional tolled capacity. Revenues

may be used for debt service on highway or transit projects, a reasonable return on investment of any private financing, operational

and maintenance costs, or any other purpose related to highway or

transit projects under titles 23 or 49. The program also allows for

the States to vary in price a toll according to time of day or level

of traffic, as appropriate to manage congestion or improve air quality. To be eligible to participate in this program, a State must pro-
32

vide to the Secretary a description of the congestion and air quality

problems to be addressed a description of the congestion and air

quality problems to be addressed and the goals to be achieved. The

committee realizes that commercial trucks utilize more capacity on

roads than other vehicles, and States may toll trucks under this

program to fairly reflect the additional capacity that they utilize on

a facility. It is not the intent of the committee for States to unfairly

charge trucks under a variable toll pricing program,

This section also permits any State or public authority currently

operating under the authority of a cooperative agreement developed under the value pricing pilot program from TEA–21 to continue under the terms of that agreement and states that any State

or public authority shall be allowed to continue tolling under that

authority.

Sec. 1610. Federal reference method.

SUMMARY

This section directs EPA to conduct a study of the ability of monitors to differentiate particulate matter larger than 2.5 micrometers

in diameter (coarse particulate matter). EPA is also directed to develop a method to measure directly the amount and composition of

coarse particulate matter.

DISCUSSION

This section directs EPA to conduct a study of the ability of monitors to differentiate particulate matter larger than 2.5 micrometers

in diameter (coarse particulate matter). This study will give policymakers and the agency a better understanding of the difficulties involved in distinguishing particles that are smaller than 2.5 micrometers in size from those that are larger. This knowledge will

assist policymakers by minimizing the potential of measurements

to either inflate or deflate the quantity of smaller particles, or to

inflate or deflate the quantity of larger particles.

EPA is also directed to develop a method to measure directly the

amount and composition of coarse particulate matter. This will ensure that EPA has the tools necessary so that it does not need to

rely on a methodology for measuring coarse particles (2.5 to 10 microns in size) by measuring all particles (up to 10 microns in size)

and subtracting fine particles (2.5 microns or less in size), as this

subtraction method may increases the probability of measurement

error. EPA is also directed to develop a method to measure different kinds of particles. By developing the ability to measure different types, or so-called ′′species′′ of particles, the agency will be

able to better identify those particles that constitute the particles

of greater concern and to identify the point of origin of the emissions for purposes of modeling.

Sec. 1611. Addition of particulate matter areas to CMAQ.

SUMMARY

This section modifies the Congestion Mitigation and Air Quality

Improvement (CMAQ) program apportionment formula to address

the new air quality standards in effect for ozone and fine particu-
33

late matter (PM-2.5). The basic construct of the CMAQ apportionment formula remains unchanged: CMAQ funds are allocated to

each State based on the ratio of the total weighted population of

a State’s nonattainment and maintenance areas to the total

weighted population of all nonattainment and maintenance areas

in the nation. In addition, all states are guaranteed at least 1/2 of

one percent.

DISCUSSION

This section adds the population of areas that are nonattainment

for the fine particulate matter standard (PM-2.5) and the 8-hour

ozone standard into both parts of the ratio, weighted with factors

of 1.2 and 1.0, respectively. Fine particulate matter and 8-hour

ozone areas have been added to the formula because areas designated nonattainment for these standards in 2004 will need funds

to help them attain the standards.

The weighting factor for the population of ozone and carbon monoxide maintenance areas is now changed from 0.8 to 1.0, to remedy

the counterproductive multiplication result that occurred when

multiplying by a number less than 1.0. Weighting factors are multiplied when an area is nonattainment or maintenance for more

than one pollutant so that the area receives additional funds. However, this result does not occur if one of the weighting factors is 0.8

(e.g., 0.8 x 1.2 = 0.96). In addition, PM-2.5 maintenance areas have

been added and also receive a weight of 1.0.

The weighting factors for the different classifications of 1-hour

ozone areas are not changed, and range from 1.0 to 1.4, depending

on classification. However, the population of all areas that are nonattainment for the 8-hour ozone standard are weighted with a factor of 1.0. During the period of time when both the 1-hour and 8-

hour ozone standards apply, the populations in areas that are nonattainment or maintenance for both ozone standards should receive

the higher of the two weighting factors, which will be the 1-hour

weighting factor. EPA intends to revoke the 1-hour standard in

April 2005, so the length of time when both ozone standards apply

will be limited.

A slight change has been made to the formula in the case where

an area is nonattainment or maintenance for both ozone and carbon monoxide. Instead of multiplying the entire population of the

ozone area by an additional adjustment factor of 1.2, only the population of the ozone area that lives within the boundary of the carbon monoxide area is multiplied by the adjustment factor of 1.2.

This change corrects the current method, where the entire population of the ozone area is multiplied by 1.2 regardless of the size

of the CO area. The change improves distribution of CMAQ funding

by better allocating it according to the number of people living in

areas designated nonattainment or maintenance for various pollutants.

An additional adjustment factor of 1.2 is also included for areas

that are nonattainment for ozone, CO, or both that are also nonattainment or maintenance for PM2.5. Therefore, if a particular

county is designated as nonattainment or maintenance for all three

pollutants, the factors would be multiplied together (e.g., 1.0 x 1.2

x 1.2, for a total weighting factor of 1.44). The additional adjust-
34

ment factor provides areas that are nonattainment or maintenance

for more than one pollutant with additional CMAQ funds, recognizing that these areas must attain or maintain more than one air

quality standard.

Sec. 1612. Addition to CMAQ-eligible projects.

SUMMARY

Subsection (a) of section 1612 makes the purchase of alternative

fuel (as defined in the Energy Policy Act of 1992), biodiesel fuel,

and integrated, interoperable emergency communications equipment eligible activities under the CMAQ program.

Subsection (b) of this section ensures that States that receive the

minimum apportionment can use CMAQ money to fund projects for

the purpose of congestion mitgation or improving air quality, instead of only being able to use CMAQ dollars for projects that can

be funded under the surface transportation program.

Subsection (c) of this section provides for reducing air emissions

from the construction equipment used in projects funded under

Title 23 by requiring emission reduction strategies and by making

deployment of these strategies (such as contract preferences, antiidling equipment and diesel retrofits) eligible for CMAQ funding.

DISCUSSION

Currently, CMAQ funds can be used for a wide array of purposes

designed to improve air quality, including improvements to transit

systems, capital improvements to ITS projects, bicycle and pedestrian facilities, traffic flow improvements, alternative fuel infrastructure, inspection and maintenance programs, and shared ride

services. The Clean Air Act (CAA) and EPA encourage the use of

alternative fuels to assist areas in reducing criteria pollutants.

CMAQ provisions in TEA–21 / ISTEA include a specific subsection

authorizing the use of CMAQ funds on alternative fuel infrastructure. Section 1612 further facilitates the use of alternative fuels by

also allowing purchase of alternative fuels with CMAQ funds. The

purchase of integrated, interoperable emergency communications

equipment with CMAQ funds is also authorized under this subsection.

Subsection (b) of this section remedies an oversight that exists in

the current law by providing States that receive the minimum

amount of CMAQ funding the ability to use the money for air quality and congestion mitigation projects, if they so choose. States that

receive the minimum apportionment either do not have nonattainment and maintenance areas, or have a nonattainment or maintenance area with a small enough population that they would only

receive the guaranteed minimum 1/2 of 1 percent based on the population apportionment formula. This section of the bill allows these

States to fund CMAQ-type projects with their CMAQ funds. It allows these areas to fund projects that would otherwise be eligible

under section 149(b), regardless of the fact that section 149(b) specifically states that the eligible projects may only be funded in nonattainment or maintenance areas. This change is in keeping with

the overall purpose of the CMAQ program.
35

Just as the bill adjusts the CMAQ apportionment formula to reflect the importance of reducing fine particulate matter (PM2.5),

section 1612(c) adjusts the list of eligible activities to include costeffective means of reducing PM2.5. Specifically, this subsection addresses emissions from construction equipment (both on-road and

non-road) used in Federally-funded highway projects. Reducing

emissions from long-term construction activities in the middle of a

non-attainment area will provide great improvements to the immediate non-attainment area. For example, in 2000, the Massachusetts Department of Environmental Protection estimated that in

five years the diesel retrofit program instituted at the Central Artery Tunnel Project in Boston would reduce construction emissions,

including PM2.5, by an amount equivalent to eliminating 96 million truck miles or removing 1,300 diesel-powered public buses for

a year.

These activities are also very cost-effective, particularly as compared to the cost-effectiveness of other CMAQ-eligible projects. For

example, early estimates by the Environmental Protection Agency

are that retrofitting a diesel engine bulldozer costs $15,000-20,000

per ton of fine particulate matter reduced. In contrast, the Transportation Research Board reported in its 2002 assessment of the

CMAQ program that traditional CMAQ activities cost significantly

more per ton of pollution reduced (bicycle and pedestrian facilities

at $84,100 per ton; telework programs at $251,800 per ton; and

park-and-ride lots at $43,000).

The committee is also aware that some confusion remains in

DOT and EPA field and regional offices regarding whether projects

to control the extended idling of vehicles, such as advanced truck

stop electrification projects, are eligible for CMAQ funding. Such

confusion has led to delays in project approvals. Advanced truck

stop electrification projects dramatically reduce emissions, and

therefore improve air quality, by allowing long-haul drivers to turn

off their engines during extended stops (e.g., during USDOT-mandated rest periods); mitigate congestion by providing drivers timely

information regarding road congestion and alternative routes; enhance energy independence by reducing diesel fuel consumption;

enhance highway safety by providing drivers a quieter, more restful sleep environment; and reduce noise impacts to nearby neighborhoods. Furthermore, advanced truck stop electrification projects

can quality for CMAQ funding, whether they are implemented

through public-private partnerships; involve private ownership of

land, project facilities or other physical assets, emission reduction

credits and offsets; or are located on public or private land or

rights-of-way. Such programs are clearly authorized under section

108(f)(1)(A)(xi) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)(xi) and

associated Federal guidance (65 Fed. Reg. 9040 (Feb. 23, 2000)).

Therefore, the committee directs the Secretary of Transportation

and the Administrator of the Environmental Protection Agency to

issue guidance to all appropriate Federal, State and local agencies

that interpret and implement CMAQ and/or Clean Air Act programs informing such agencies as to the foregoing.
36

Sec. 1613. Improved interagency consultation.

SUMMARY

Section 1613 requires the Secretary to encourage States and metropolitan planning organizations (MPOs) to consult with State and

local air quality agencies in nonattainment and maintenance areas

on the estimated emissions reductions from proposed congestion

mitigation and air quality improvement programs and projects.

DISCUSSION

The purpose of the Congestion Mitigation and Air Quality Improvement program is to help States meet their air quality goals

of attaining or maintaining the air quality standards. This section

has been added to acknowledge that State and local air quality

agencies have valuable input with regard to which projects can best

serve this purpose in their particular areas, and their participation

in selecting projects, while not mandated, is to be encouraged.

States, MPOs, and transit agencies, in consultation with State and

local air quality agencies, are encouraged to work cooperatively in

developing criteria for project selection and in making decisions

over which projects and programs to fund under the CMAQ program.

Sec. 1614. Evaluation and assessment of CMAQ projects.

SUMMARY

Section 1614 requires DOT to evaluate and assess a representative sample of CMAQ projects in consultation with EPA, maintain

and disseminate a database of CMAQ projects, and consider the

recommendations and findings of the NAS CMAQ report in consultation with EPA.

DISCUSSION

Evaluation and information sharing are important aspects of the

CMAQ program, and should be used to direct CMAQ funding toward the most cost-effective projects and programs. CMAQ funding

can be used to innovative projects that contribute to improved air

quality. If a particular type of project is successful in achieving

emissions reductions, the goals of the program are furthered if that

information is shared widely with other nonattainment and maintenance areas. DOT, in consultation with EPA, must consider the

NAS report recommendations and finding to improve the operation

and evaluation of the program. The committee’s interest is to ensure that the information from previous effort and expense is used

wisely.

Sec. 1615. Synchronized planning and conformity timelines, requirements, and horizon.

SUMMARY

This section changes how often updates must be made to metropolitan transportation plans and metropolitan transportation improvement programs (TIPs) in nonattainment and maintenance

areas, and statewide TIPs. Currently, these documents expire
37

every 3 years, 2 years, and 3 years, respectively. With this bill, all

three of these planning documents must be updated every 4 years

unless a metropolitan planning organization elects to update its

transportation improvement plan more frequently.. This section

also changes the minimum frequency with which transportation

conformity must be demonstrated to every 4 years. Other changes

to transportation conformity include a change in the horizon of the

conformity determination, and a change in the projects to which

conformity applies. In addition, this section adds a requirement for

EPA’s conformity regulations.

DISCUSSION

Frequency. Section 1615 amends 23 U.S.C. 134 to require that

metropolitan transportation plans and metropolitan transportation

improvement programs (TIPs) be updated every 4 years in nonattainment and maintenance areas, unless a metropolitan planning

organization elects to update its transportation improvement plan

more frequently. Currently, plans must be updated every 3 years,

but TIPs must be updated every 2 years. Attainment areas will

continue to update transportation plans every five years. Section

135 is also amended to require that statewide TIPs be updated at

least every 4 years, to be consistent with metropolitan plans and

TIPs. The section also amends section 176 of title 42, the conformity section of the Clean Air Act, to require that conformity for

transportation plans and TIPs be determined every 4 years, unless

an MPO elects to update their plan or TIP more frequently, or conformity is triggered by an EPA action on a SIP submission. In the

case where conformity is triggered by an EPA SIP action, this section provides metropolitan areas with 2 years to determine conformity (currently, areas have 18 months).

The committee recognizes that there may be value to transportation planners in placing the frequency of metropolitan transportation plan and TIP updates and the frequency of conformity determinations on the same timetable, and also recognizes the benefit

of giving metropolitan areas more time to devote to planning. The

current transportation law requires TIPs to be updated at least

every 2 years, and current planning regulations require plans to be

updated every 3 years. Because conformity must be determined before new TIPs or new plans are adopted, many metropolitan areas

were starting another TIP update as soon as transportation planning and conformity requirements were met for the previous one.

Some witnesses testifying before the committee has indicated that

transportation planning will improve if metropolitan areas have

more time to devote to it, rather than continuously creating TIP

updates and determining their conformity. Because conformity

must still be determined before an updated plan or TIP is adopted,

air quality should not be affected by this change; air quality impacts will still be checked before any major changes to the transportation network are made.

Horizon. The section also changes the horizon of the conformity

determination, that is, how far into the future each conformity determination must examine. Currently, a conformity determination

is made analyzing a 20 year period of time, which is the length of

time covered by a transportation plan. This section changes the ho-
38

rizon of a conformity determination to be the longest of 10 years,

the latest year a State air quality plan (State implementation plan,

or SIP) establishes a budget, or the year after a regionally significant project is completed if the project requires approval before the

next conformity determination.

Conformity must marry two separate planning activities: transportation planning, and air quality planning. While transportation

plans cover a period of 20 years, SIPs, which are used as the measure of conformity, generally cover a period of 10 years or fewer. The

committee is changing the horizon of the conformity determination

so that it more closely matches the length of time covered by a SIP.

In addition, the language also ensures that the emissions impacts

of large projects on travel are considered before Federal approvals

are made. The change made to the horizon does not preclude State

or local agencies from examining longer time periods for informational or local air quality purposes, if they choose to do so.

Projects. The section defines transportation project to include

only a project that is regionally significant, or a project that makes

a significant revision to an existing project. The definition of regionally significant project closely tracks the existing EPA definition in regulation. Likewise, the definition of significant revision

tracks the existing EPA criteria for significant change in design

concept or scope. With the addition of this definition for transportation project, conformity determinations are required for regionally significant projects or projects that make a significant revision

to an existing project, rather than for every Federal project. However, this change does not affect the requirement that the emissions impacts from all projects in the transportation plan and TIP

must be considered when determining conformity of a plan or TIP.

VMT from projects that are not regionally significant must still be

considered in a plan or TIP conformity determination.

Requirement for Regulation. This section adds a new requirement that EPA’s regulations must address the effects of the most

recent population, economic, employment, travel, transit ridership,

congestion, and induced travel demand information in the development and application of the latest travel models. That is, this section requires that EPA adjust regulations to ensure that travel

models can account for the effects of these elements. Currently,

travel models can account for the effects of most of the elements

on this list, because the Clean Air Act has required that conformity

be based on the most recent estimates of emissions since 1990, and

EPA’s conformity regulations specify how latest information regarding population, employment, travel, congestion, and transit

service must be incorporated into a conformity determination.

The new elements on this list are induced travel demand and

transit ridership information. The committee recognizes that induced demand is a concept that is relatively recent and has been

the subject of some debate. Before changing regulations in response

to this section, EPA should examine the recent literature regarding

induced demand, including papers on the topic submitted to the

Transportation Research Board within the last 6 years. Recent literature should inform EPA’s proposal on where, when, and how induced demand should be included in travel models. If recent literature does not include recommendations for how to incorporate
39

induced demand into travel modeling, then EPA should request

input on this topic from the public and the expert community prior

to proposing its regulations.

Sec. 1616. Transition to new air quality standards.

SUMMARY

Section 1616 provides methods for new nonattainment areas to

use in determining transportation conformity to help achieve the

national ambient air quality standards. Many areas will soon be

designated nonattainment with the revised national ambient air

quality standards for ozone (the 8-hour standard) and fine particulate matter (PM–2.5). In the case of areas that have not been in

nonattainment before and have not been required to demonstrate

transportation conformity or develop an emissions budget to use in

that demonstration, or in the event that the agency revokes a prior

standard before new nonattainment areas have approved emissions

budgets for a revised standards, the committee has provided that

those areas would be able to use an emissions budget in a SIP for

prior standard for the same pollutant, if one is available. Areas

could also use the other tests that are currently available in cases

where an area does not have a SIP.

DISCUSSION

This section is added because EPA designated areas for the new

8-hour ozone standard in April 2004, and made designations for the

fine particulate matter standard (PM–2.5) in December 2004.

Newly designated nonattainment areas that have not been previously designated nonattainment for the same pollutant will have

a 1-year grace period before conformity applies, but they have 3

years to submit SIPs to EPA. SIPs include motor vehicle emissions

budgets, which are the total amount of each pollutant or precursor

that is allowable for the transportation sector. These budgets serve

as the measure of comparison when determining conformity. Therefore, after areas are designated for an air quality standard, there

will be a period of time when other means of determining conformity must be used.

This section will allow areas that have been designated for the

new 8-hour ozone standard to use the motor vehicle emissions

budget from their 1-hour ozone SIP, if it exists, even once EPA revokes the 1-hour standard. Rather than referring specifically to the

8-hour and 1-hour ozone standards, this section is written broadly

to refer to any standards. The committee recognizes that EPA, from

time to time, may revise air quality standards. Areas should be

able to use the budgets from the SIP that addresses the most recent prior standard of the same pollutant, if one exists and EPA

has found its budgets adequate or has approved the SIP.

The committee did not mandate the use of the budgets from a

SIP for the most recent prior standard, but instead give areas the

choice to do so, or use the existing tests. There may be instances

where the budget from a SIP addressing the prior standard would

not provide a good test of conformity. For example, such a budget

could be established for a year that is many years in the past, be

based on a geographic boundary that is different than the boundary
40

for the current standard, or be based on information that is significantly out-of-date. For these reasons, the committee believes it is

important to provide a choice to areas. Areas will use the consultation process to determine whether budgets addressing a prior

standard for the same pollutant or another test or tests, will be

used for conformity.

Sec. 1617. Reduced barriers to air quality improvements.

SUMMARY

Section 1617 reduces barriers to regions implementing transportation control measures (TCMs) to improve their regional air quality. The section allows an area to substitute an existing TCM or

add a TCM if they can show that the new TCM will achieve equivalent or greater emissions reductions. Substitution or addition of a

TCM will not require express permission in the State air quality

plan (SIP), a formal revision of the SIP, nor a new conformity determination.

DISCUSSION

Transportation control measures, or TCMs, are transportation-related measures that have the potential to reduce emissions of criteria pollutants. Many TCMs reduce emissions by reducing VMT,

for example, high-occupancy vehicle lanes, transit projects, park

and ride lots, ride-share programs, and pedestrian and bicycle facilities. States can include TCMs in their SIPs. However, unless the

SIP includes a TCM substitution mechanism, i.e., a set of provisions for substituting TCMs, the SIP must be revised to change a

TCM that is delayed or no longer viable. The purpose of this section is to allow all States to substitute TCMs without a full SIP revision, regardless of whether the State has its own substitution

mechanism.

TCMs can be substituted if the substitute measure achieves the

same or greater emission reductions as the measure being replaced,

based on an analysis that uses the latest planning assumptions

and the current models. The substitute TCMs must be implemented on the same schedule as the original measure, if that is

possible. However, the committee recognizes that it may not be possible for the substitute measure to be on the original schedule; for

example, a possible reason that a State would want to substitute

a TCM is that it has proved difficult to implement in a timely way.

In those cases, the substitute measure must be implemented as

soon as practicable, but not later than the date on which the SIP

is supposed to achieve its purpose. For example, if the TCM is included in the SIP as part of the attainment demonstration, and the

attainment date is 2005, the substitute TCM must be implemented

as soon as practicable to reduce emissions by 2005.

Subparagraph (B) of this provision states that after carrying out

subparagraph (A), a State shall adopt the substitute or additional

control measure in the applicable SIP. In this instance, the committee has used the word ‘‘adopt’’ to mean that the State must

record the measure as being part of the SIP. The sole intent of this

subparagraph is to ensure that the State keeps an up-to-date list

of the TCMs that must be implemented, so that a member of the
41

public can review the list at any point and have the complete, correct list of TCMs that are in the SIP. This subparagraph is not intended to create any additional process requirements than those in

subparagraph (A).

Sec. 1618. Air quality monitoring data influenced by exceptional

events.

SUMMARY

Section 1618 requires EPA to promulgate regulations governing

the handling of air quality monitoring data influenced by exceptional events. These regulations would allow governors to petition

EPA to exclude air quality data directly due to exceptional events.

Events such as forest fires or volcanic eruptions, should not influence whether a region is meeting its Federal air quality goals. The

section includes requirements for demonstrating the occurrence of

such a natural event by reliable and accurate data, a clear causal

relationship between the exceptional event and a national air quality standard exceedance, and a public process for the determination.

DISCUSSION

This section includes a definition of exceptional events and excludes certain events from the definition. Natural climatological occurrences such as stagnant air masses, high temperatures, or lack

of precipitation influence pollutant behavior but do not themselves

create pollutants. Thus, they are not considered exceptional events.

Likewise, air pollution related to source noncompliance may not be

considered an exceptional event. In contrast, events which are part

of natural ecological processes, which generate pollutants themselves that cannot be controlled, qualify as exceptional events.

The committee is concerned that the Environmental Protection

Agency’s (EPA’s) current approach for modeling carbon monoxide

(CO) emissions from motor vehicles may not be appropriate for cold

weather States, such as Alaska, that must make CO attainment

and maintenance demonstrations. The committee therefore requests that EPA evaluate the effectiveness of its MOBLIE6 model

to determine if it adequately accounts for the effects of cold weather on CO emissions.

EPA is directed to follow principles in promulgating regulations

under this section. These principles reflect the requirements of the

current Clean Air Act and do not establish new requirements for

States or EPA to meet. Instead, these are principles that EPA must

follow when promulgating regulations under this section.

Sec. 1619. Conforming amendments.

SUMMARY

Section 1619 updates the language in section 176 of title 42 that

directs EPA to write regulations. It removes references to the date

of enactment of the Clean Air Act Amendments of 1990. It also removes the requirement for States to duplicate the entire text of

Federal conformity regulations in their State implementation plans

each time there is a revision in those regulations. Instead, States
42

will be required to further amend their State implementation plans

only when revising conformity consultation procedures.

DISCUSSION

Current law requires that States submit criteria and procedures

for assessing conformity of transportation plans, TIPs, and projects.

This requirement results in States having to adopt the entire Federal conformity rule into their State implementation plans (SIPs).

States that have done so must update their SIP whenever EPA updates any portion of the conformity regulations, which EPA has

done several times since promulgating the initial rule in 1993,

most recently in 2000, 2002 and 2004. However, only the consultation procedures that exist in the regulations need to be tailored to

individual States. This change ensures that States must submit

consultation procedures, but no longer have to repeat the entire

Federal conformity regulations. This change will reduce the paperwork burden on States with no adverse air quality impact.

Sec. 1620. Highway stormwater discharge mitigation program.

SUMMARY

This section creates a highway stormwater discharge program in

a new section 167 of title 23, USC to improve the quality of

stormwater discharge from Federal-aid highways and associated facilities and to enhance groundwater recharge.

DISCUSSION

Section 1620 creates a new section within the Surface Transportation Program category (STP) for States to fund transportation-related stormwater mitigation projects. States must allocate two percent of the funds apportioned under STP to stormwater mitigation

projects sponsored by local governments or States that reduce polluted runoff from existing highways and other transportation-related activities. Current law does not have a mandatory set-aside

but provides States the option of using their Surface Transportation Program (STP) funds for stormwater mitigation projects

when they are conducted in conjunction with an ongoing transportation project.

An eligible project is one that improves stormwater discharge

water quality, attains preconstruction hydrology, promotes infiltration of stormwater, recharges groundwater, minimizes stream bank

erosion, promotes natural filters, otherwise mitigates the water

quality impacts of stormwater discharges or reduced flooding

caused by highway stormwater discharge. Projects will vary across

the country because effective projects depend on site-specific conditions, such as site imperviousness, existing best management practices, climate and land availability. Highway maintenance projects

are not eligible stormwater mitigation projects. Examples of

projects that would be eligible for funds under this program include, but are not limited to extended detention ponds, streambank

restoration, stormwater wetlands, vegetated buffers, filters, such as

rock, sand and vegetated, underground storage vaults, infiltration

basins and trenches, porous pavement, and bioretention systems,

insets in storm drains, and oil and grit separators.
43

The program requires States to give priority to projects that will

assist the State or locality comply with the Federal Water Pollution

Control Act. The Secretary is required to issue guidance to assist

States in carrying out his section that includes information on innovative technologies and nonstructural best management practices to mitigate highway stormwater discharges. The committee

intends that the funds made available by this program be distributed to State DOTs, with special emphasis on assisting local governments in highway storm water mitigation, and specifically activities that allow these entities to comply with the requirements

of stormwater phase II permits and other Clean Water Act regulations.

Sec. 1621. Exemption from certain hazardous materials transportation requirements.

SUMMARY

This section exempts agricultural producers with gross agricul- tural commodity sales not exceeding $500,000 from security plan

requirements listed under subpart I of part 172 of title 49, Code

of Federal Regulations.

DISCUSSION

This section protects the livelihood of family farmers by exempting them from Department of Transportation-mandated security

plans for large shipments of hazardous materials involved with agriculture, such as fertilizers, pesticides, propane, gasoline, and diesel fuel.

Sec. 1622. Funds for rebuilding fish stocks.

SUMMARY

Section 1622 repeals a section of the Miscellaneous Appropriations and Offsets Act of 2004.

DISCUSSION

This section allows the use of funds to reduce over-fishing and

promote the rebuilding of fish stocks by repealing existing legislation that prohibited funds from being used for these purpose, unless approved by the National Oceanic and Atmospheric Administration.

SUBTITLE G—OPERATIONS

Sec. 1701. Transportation systems management and operations.

SUMMARY

This section amends title 23 to facilitate and integrate transportation systems management and operations (TSM&O) programs

and projects with planning and construction processes. States may

use up to 2 percent of the funds apportioned under this section to

reduce traffic delays caused by motor vehicle accidents and breakdowns on highways during peak driving times. This section adds

the definition of ‘‘transportation system management and operations’’ to the general definitions section.
44

DISCUSSION

This section establishes a TSM&O program and differentiates it

from construction provisions in title 23. The committee intends for

this section to clarify ambiguities that inhibit deployment and implementation of TSM&O activities while creating a level of procurement flexibility needed by State and local agencies to increase use

of advanced operational practices and advanced technologies.

The committee encourages the Administrator to continue the development and deployment of safety message notification systems

to disseminate safety information on Federal-aid highways to motorists and public safety agencies concerning congestion, freight

movement and conditions, Amber Alert, work zones, weather event

emergency notifications, and border and homeland security notifications.

Sec. 1702. Real-time system management information program.

SUMMARY

This section encourages the deployment of systems to monitor

the condition of key surface transportation facilities.

Changes made to 23 USC 169(c) in this section require the

States to establish an incident reporting system within two years

of enactment of this section. If a State demonstrates that it cannot

meet this deadline, the Secretary may extend this deadline up to

5 years after date of enactment.

DISCUSSION

The purpose of the proposed real-time system management information program is to provide the nationwide capability to monitor

and disseminate real-time traffic and travel conditions of major

highways. The committee hopes this program will improve the security of the surface transportation system, address congestion

problems, support improved response to weather events, and facilitate national and regional traveler information.

Specifically, this section requires the Secretary to establish data

exchange formats within one year of enactment of this bill. Within

two years of enactment of this bill, each State will be required to

establish a statewide incident reporting system, unless a waiver is

received from the Secretary that allows up to 3 additional years.

In exercising this discretion, the committee expects that the Secretary will only provide the State the minimum extension necessary to complete development of its reporting system.

The committee expects State and local governments to explicitly

address real-time highway and transit needs and the systems needed to meet those needs including coverage, monitoring systems,

data fusion and archiving, and methods of information sharing and

exchange within their intelligent transportation system regional architecture.

Activities related to the planning and deployment of real-time

monitoring elements would be eligible for Surface Transportation

Program and National Highway System funds. Under this section,

a State may obligate State Planning and Research funds for activities related to the planning of real-time monitoring elements.
45

Sec. 1703. Contracting for engineering and design services.

SUMMARY

Section 1703 ensures that the States use the procedures of Chapter 11 of 40 USC when contracting for engineering and design services and also allows the States to apply limits to overhead rates of

engineering firms.

DISCUSSION

Current law allows States to use either Chapter 11 of 40 USC

or an equivalent State qualifications-based requirement for rewarding contracts for program management, construction management,

preliminary engineering, feasibility studies, design, engineering,

surveying, mapping or architectural service. Sec. 1703 eliminates

this provision, requiring States to use procedures described in

Chapter 11 of 40 USC for awarding contracts.

Current law also allowed States to adopt an alternative process

to promote maximum competition by firms providing engineering

and designing services. However, Sec. 1703 eliminates an option

that would allow the States to apply a limit to the overhead rates

that an engineering or design firm could charge.

Sec. 1704. Off-duty time for drivers of commercial vehicles.

SUMMARY

This section amends the Section 345(a)(2) of the National Highway Designation Act of 1995 to exempt drivers of commercial

ground water drilling rigs from any additional off-duty time requirements.

DISCUSSION

The committee seeks to clarify a section of the National Highway

Designation Act of 1995 by ensuring that drivers of commercial

motor vehicles are only needed to rest one 24-hour period after a

period of 7 or 8 consecutive workdays.

Sec. 1705. Designation of transportation management areas.

SUMMARY

This section amends title 23 to ensure metropolitan planning in

certain areas.

DISCUSSION

Section 1705 supplements funding for the transportation planning process with 1% of all funds apportioned through the Federal

Lands Highway Program to the Lake Tahoe Region. It also designates the cities of Oklahoma City, Oklahoma and Norman, Oklahoma as one single urban area for the purposes of apportioning

metropolitan planning funds.
46

SUBTITLE H—FEDERAL-AID STEWARDSHIP

Sec. 1801. Future Interstate System routes.

SUMMARY

This section replaces the 12-year requirement with a 20-year requirement to provide States more time to substantially complete

construction of highways designated as future Interstate System

routes, before the States forfeit future Interstate designation status. This section also extends the time limitation contained in existing agreements from 12 years to 20 years.

Sec. 1802. Stewardship and oversight.

SUMMARY

This section requires the Secretary to establish an oversight program to monitor the effective and efficient use of funds authorized

under title 23, with a specific focus on financial integrity and

project delivery.

DISCUSSION

The Secretary shall require the States to annually certify the

adequacy of their financial management systems and project delivery systems to meet all requirements for financial integrity. As

part of the financial integrity oversight, the Secretary is required

to develop minimum standards for estimating project costs and to

periodically evaluate States’ practices for estimating project costs,

awarding contracts, and reducing project costs. States are required

to determine that subrecipients of Federal funds have sufficient accounting controls and project delivery systems.

Under section 1802, recipients of Federal financial assistance are

required to prepare an annual financial plan for projects that receive $100,000,000 or more in Federal financial assistance and that

are not subject to the requirements for major projects.

This section also mandates debarment of contractors who have

been convicted of fraud related to Federal-aid highway or transit

programs and suspension of contractors who have been indicted for

offenses relating to fraud.In addition, it requires that portions of

monetary judgments won in Federal criminal and civil cases

against contractors pertaining to Federal-aid highway and transit

program fraud be shared with the State or local transit agency injured by the fraud.

Finally, this section requires a value engineering analysis, as defined in this section, for all projects over $25 million and bridge

projects over $20 million.

Sec. 1803. Design-build contracting.

SUMMARY

This section amends section 112(b)(3) of title 23, to include intermodal facilities in the definition of qualified projects.
47

Sec. 1804. Program efficiencies–finance.

SUMMARY

This section amends 23 U.S.C. 115, Advance construction, and 23

U.S.C. 118, Availability of funds.

DISCUSSION

Section 115 is amended to remove the restriction that a State

must obligate all of its allocated or apportioned funds, or demonstrate that it will use all obligation authority allocated to it for

Federal-aid highways and highway safety construction prior to approval of advance construction projects.

The revisions clarify that advance construction procedures can be

used for all categories of Federal-aid highway funds and that when

a project is converted to a regular Federal-aid project, any available

Federal-aid funds may be used to convert the project.

This section further modifies section 115 to remove the requirement that the Secretary must first approve an application of the

State prior to authorizing the payment of the Federal share of the

cost of the project when additional funds are later apportioned or

allocated to the State. The new provision allows the Secretary to

obligate the Federal share or a portion of the Federal share of cost

of the project by executing a project agreement.

Section 118 of title 23, is amended to clarify the method used by

FHWA to account for Federal-aid funds and determine amounts

subject to lapse. This revision results in no change to current practice but simplifies the language to reduce ambiguity.

Sec. 1805. Set-asides for interstate discretionary projects.

SUMMARY

This section continues the interstate discretionary project setaside listed in section 118(c)(1) of title 23 for fiscal years 2005

through 2009 and increases the amount from $50,000,000 to

$89,308,176.

Sec. 1806. Federal lands highways program.

SUMMARY

The Federal Lands Highway Program provides funding for a coordinated program of public roads and transit facilities serving

Federal and Indian lands.

DISCUSSION

Section 101 of title 23 is amended to include new definitions for

‘‘recreation roads’’ and ‘‘public forest service roads,’’ to reflect new

classes of Federal lands highways. It also changes the definitions

of ‘‘forest development roads and trails’’ and ‘‘forest road or trail’’

to reflect current U.S. Forest Service definitions and a new class

of Federal lands highways.

The Federal Lands Highways program allocation in section 202

of title 23, USC is amended to: (1) revise the date on which the Indian Reservation Road fund distribution formula regulation is published, from April 1999 to April 2004, and the year in which the
48

new formula is implemented, from October 1999 to October 2004;

(2) allow the use of Indian Reservation Road Bridge funds to be

used for design, engineering and preconstruction as well as construction; (3) limit the amounts that the Bureau of Indian Affairs

may use to pay the costs of administering the Indian reservation

roads program (including the administrative expenses relating to

individual projects associated with the Indian reservation roads

program) to 6 percent; (4) require not later than 30 days after the

date on which funds are made available to the Secretary of the Interior the distribution and availability of such funds for immediate

use by eligible Indian tribes; (5) establish a demonstration program

under which eligible tribes may enter into contracts and agreements with the Secretary of Transportation under the Indian SelfDetermination and Education Assistance Act; (6) authorize

$13,396,226 annually for IRR bridge planning, design, engineering,

preconstruction, construction and inspection; and (7) make Indian

reservation road maintenance expenses eligible for funding up to

certain amounts.

Section 204 of title 23 is amended to: (1) allow the Secretary to

enter into agreements as well as contracts, and (2) expand the use

of refuge road funds to be used for interpretive signage, maintenance of public roads in National Fish hatcheries, payment of the

non-Federal share of Federal-aid highway and transit projects, and

maintenance and improvement of recreational trails. Funding used

for trails would be limited to 5 percent of available funding per fiscal year.

Maintenance and improvement projects on recreation roads consistent with or identified in a land use plan do not need any additional environmental reviews or assessments under the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if there

is no new information and no significant changes to the proposal

bearing on environmental concerns. Improvement projects include

those consisting of one or more of the following elements: roadway

widening, adding shoulders, paving of gravel roads, gravelling of

earth roads, rebuilding of the roadway subgrade, reshaping the

roadway surface, replacing culverts, rehabilitation or widening of

bridges, minor grade and curvature adjustments to short sections

of roads, and the installation of signs, pavement striping, guardrails and other safety hardware.

A safety funding category is created to provide dedicated funds

for transportation safety improvement projects, collection of safety

information, development and operation of safety management systems, highway safety education programs, and other eligible activities under section 402 of title 23. Safety funding is distributed

among the Bureau of Reclamation, the Bureau of Indian Affairs, he

Bureau of Land Management, the Forest Service, the Fish and

Wildlife Service, and the Army Corps of Engineers.

A recreation roads funding category is created to provide dedicated funds for improvement projects for public roads under the jurisdiction of the Bureau of Land Management, Bureau of Reclamation, Forest Service, Department of Defense, and Army Corps of

Engineers, and that are owned by the U.S. Government.
49

Sec. 1807. Highway bridge program.

SUMMARY

The Highway Bridge Program provides funds to assist States in

improving the condition of their bridges, through replacement, rehabilitation, and systematic preventive maintenance.

DISCUSSION

The changes to section 144 allow the use of bridge funds for: 1)

preventive maintenance activities consistent with the section

116(d) of the NHS Designation Act, 2) preventive maintenance on

off-system bridges, and 3) scour countermeasures without regard to

eligibility. This section also increased bridge discretionary funding

is increased to $133,962,264.

Sec. 1808. Appalachian development highway system.

SUMMARY

The Appalachian Development Highway System program provides funds for the construction of the Appalachian corridor highways in thirteen States and for the establishment of a State-Federal framework to meet the needs of the region.

DISCUSSION

This section prescribes how funds made available for the Appalachian development highway system are to be apportioned to the

States in the Appalachian region. The latest cost estimate is to be

used as the basis for apportionments. The funding shall remain

available until expended and the Federal share is delineated in section 201 of the Appalachian Regional Development Act of 1965.

This section also prohibits the use of toll credits on projects funded

under the Appalachian development highway system program

under subtitle IV of title 40.

Sec. 1809. Multistate corridor program.

SUMMARY

The program supports and encourages multistate transportation

planning and facilitates both project development and decisionmaking for multistate corridors. State transportation departments

or metropolitan planning organizations may receive and administer

the funds provided under this section for multistate highway and

multimodal planning studies and construction.

DISCUSSION

Freight demand is forecasted to increase significantly in the coming years. The committee’s goal is to meet this growing demand by

improving highways and intermodal connections in the nation’s key

corridors. Funds provided by the Corridor Program should supplement other public and private funding to support strategic improvements, expanding both capacity and efficiency.

The Secretary shall select studies and projects to be carried out

under this program based on: 1) the existence and significance of

binding agreements; 2) the endorsement of the study or project by
50

elected representative; 3) prospects for early completion; and 4)

whether the study or project was listed in 1105(c) of ISTEA.

The committee expects that the Secretary will encourage States

and other jurisdictions to work together and shall give priority to

projects that increase mobility, freight productivity, access to marine or inland ports, safety and security, and reliability.

Sec. 1810. Border planning, operations, and technology and capacity program.

SUMMARY

The purpose of this program is to support the coordination and

improvement of bi-national transportation planning, operations, efficiency, capacity, information exchange, safety, and security at the

international borders of the United States with Canada and Mexico. The term border State in this section means any of the States

of Alaska, Arizona, California, Idaho, Maine, Michigan, Minnesota,

Montana, New Hampshire, New Mexico, New York, North Dakota,

Texas, Vermont, and Washington.

DISCUSSION

The committee is aware of the ever growing strain on the nation’s points of entry caused by the demands of a global economy.

As with the Corridors Program, the committee has elected to expand funding for the Borders program in hopes that both capacity

and operational efficiency can be improved to meet future freight

mobility needs.

The General Services Administration (GSA) is authorized to receive funding under this section at the request of a border State.

The committee intends transportation improvement projects undertaken with funds directly transferred by the Secretary to the GSA

to be designed and constructed in coordination with State transportation officials. State transportation departments and metropolitan

planning organizations at or near an international land border in

a border State may receive and administer funds allocated under

this program to carry out the eligible activities listed in this section.

For each fiscal year, the Secretary shall allocate funds based on

the specified formula listed in this section. In choosing projects, it

is the hope of the committee that border States choose projects that

emphasize multimodal planning, improvements in infrastructure,

and improvements that stress both the environment and a desire

to promote increased safety, security, freight capacity, and highway

access to rail, marine, and air services.

Sec. 1811. Puerto Rico highway program.

SUMMARY

Section 173 of title 23 authorizes the continuation of the Puerto

Rico Highway Program to carry out a highway program in the

Commonwealth of Puerto Rico.
51

DISCUSSION

The committee continues the requirement to distribute the lump

sum authorized each year to program sin the same proportions that

Puerto Rick received apportionments of such funds in 1997. The

funds are subject to the penalties under titles 23 and 49 that would

apply to apportionments from the programs.

Sec. 1812. National historic covered bridge preservation.

SUMMARY

This section authorizes the Secretary to make grants to States

for covered bridges that are listed or eligible for listing on the National Register of Historic Places.

DISCUSSION

Subject to the availability of appropriations, the Secretary shall

make grants to States demonstrating a need for assistance in carrying out 1 or more historic covered bridge projects described in

this section.

Sec. 1813. Transportation and community and system preservation

program.

SUMMARY

This section continues the Transportation and Community and

System Preservation (TCSP) Pilot Program, a comprehensive initiative of research and implementation grants to investigate the relationships between transportation and community and system preservation, as well as private sector-based initiatives. This section

also makes TCSP projects STP eligible.

DISCUSSION

This section requires the Secretary to establish a comprehensive

program to facilitate the planning, development, and implementation of strategies by States, metropolitan planning organizations,

Federally-recognized Indian tribes, and local governments to integrate transportation, community, and system preservation plans

and practices.

Sec. 1814. Parking pilot programs.

SUMMARY

This section creates the Commercial Truck Parking and the Corridor and Fringe Parking Pilot Programs. This section also authorizes the Secretary to appropriate funds for these programs.

DISCUSSION

The committee aims to create additional parking on the National

Highway System by creating two different pilot programs: the

Commercial Truck Parking Pilot Program and the Corridor and

Fringe Parking Pilot Program. The section authorizes the Secretary

to appropriate $8,930,818 in grants from the Highway Trust Fund

for each of these programs.
52

The Commercial Truck Parking Pilot Program allows funds to be

used for construction of safety rest areas that include truck parking, commercial vehicle parking facilities adjacent to commercial

truck stops, and projects designed to improve accessibility for truck

parking on or near the National Highway System. The committee

expects priority for these funds will be given to States with a severe shortage a commercial vehicle parking, as well as potential for

positive effects on safety, congestion, and air quality from improved

parking facility.

The committee also recognized the importance of adequate and

accessible parking for car pooling, van pooling, ride sharing, commuting, and high occupancy vehicle travel. The committee notes

that these practices have a definitive impact on congestion, air

quality and traffic safety and proposes the Corridor and Fringe

Parking Pilot Program to be given to the States for the construction of parking facilities, costs to promote public awareness of the

facilities, and geometric design improvement on adjoining roadways.

Sec. 1815. Interstate oasis program.

SUMMARY.

This section establishes an interstate oasis program.

DISCUSSION

This section requires the Secretary to establish an interstate

oasis program for designating interstate oases that provide products and services to the public, 24 hour access to restroom, and

parking for automobiles and heavy trucks. The Secretary shall also

take into account the appearance of the facility as well as the proximity of the system to the interstate for its designation.

Sec. 1816. Tribal-State road maintenance agreements.

SUMMARY

This provision amends section 204 of title 23 to authorize States

and tribes to enter into road maintenance agreements.

DISCUSSION

This provision permits tribes to assume State responsibilities for

maintaining Indian reservation roads and roads that provide access

to Indian reservation roads. While Maintenance agreements entered into by States and tribes do not require the approval of the

Secretary, the Secretary is required to report annually to Congress

identifying (1) the tribes and States that have entered into maintenance agreements, (2) the number of road miles for which Indian

tribes have assumed maintenance responsibilities, and (3) the

amount of funding transferred to Indian tribes under these agreements in each fiscal year.
53

Sec. 1817. National forest system roads.

SUMMARY

Section 204 is amended by reserving $13,396,226 of the funds

made available for forest highways for use in the repair, maintenance or removal of culverts and bridges on forest highways.

DISCUSSION

This section ensures a minimum level of attention is given to the

problems resulting from improperly placed culverts to facilitate the

passage of aquatic species beneath roads in the National Forest

System.

Sec. 1818. Territorial highway program.

SUMMARY

The changes made in section 215 of title 23 update and consolidate the statutory provisions governing the territorial highway program.

Sec. 1819. Magnetic levitation transportation technology deployment

program.

SUMMARY

This section continues the authorization of the Magnetic Levitation Transportation Technology Deployment program (MAGLEV) in

section 322 of title 23.

DISCUSSION

Section 322 of title 23 is amended to allow the Secretary to solicit

additional applications from States or authorities designated by

one or more States, for financial assistance for planning, design,

and construction of eligible MAGLEV projects. Authorized from the

Highway Trust Fund for this program is $357,232,704 for fiscal

year 2005, $370,628,931 for fiscal year 2006, $379,559,748 for fiscal

year 2007, $388,490,566 for fiscal year 2008, $401,886,792 for fiscal

year 2009.

Sec. 1820. Donations and credits.

SUMMARY

Section 323 of title 23 is amended to give States and local governments additional flexibility to match Federal funds and expedite

project implementation.

DISCUSSION

This provision expands section 323 to include the value of donated services provided by local government employees to be credited to the non-Federal share for projects funded under title 23

funds.
54

Sec. 1821. Disadvantaged business enterprises.

SUMMARY

This section continues authorization of the Disadvantaged Business Enterprise (DBE) Program. Under DBE, not less than 10 percent of the funds provided under titles I and II of this Act shall

be expended with small businesses owned and controlled by socially

and economically disadvantaged individuals, except to the extent

the Secretary of Transportation determines otherwise.

DISCUSSION

This section restates the current authorization, with one exception. The provision of current law requiring a review of the program by the Comptroller General of the United States has been

eliminated. The Comptroller General completed the required review in June 2001.

Sec. 1822. [Reserved].

Sec. 1823. Priority for pedestrian and bicycle facility enhancement

projects.

SUMMARY

Section 1823 amends Section 133 of 23 United States Code to

give priority to pedestrian and bicycle facility enhancement projects

that include a coordinated physical activity or healthy lifestyles

program.

DISCUSSION

With the increased health-risks due to lower levels of physical

activity among Americans, the committee feels it is an appropriate

measure to include healthy lifestyles through our transportation

improvements. The committee hopes that incorporating a coordinated healthy lifestyles programs and physical activities along the

nation’s trails, paths, and other pedestrian transportation project

will promote healthier living among Americans.

Sec. 1824. The Delta Regional Authority.

SUMMARY

This section creates Section 178 of title 23, the Delta Regional

Transportation Development Program.

DISCUSSION

The Delta Regional Transportation Development Program is a

discretionary program to assist the Delta Regional Authority in developing adequate transportation infrastructure in the 8-state region served by the authority. The committee feels that this investment will remedy severe economic distress by stimulating development in the region through the mobilization of people and goods

through a safe transportation program. Funds under this program

may be used for multi-state highway and transit planning, development, and construction.
55

Sec. 1825. Multistate international corridor development program.

SUMMARY

Section 1825 establishes the Multistate International Corridor

Development Program to develop international trade corridors.

DISCUSSION

It is the hope of the committee that the Multistate International

Corridor Development Program will facilitate the movement of

freight from international ports of entry and inland ports through

and to the interior of the United States through the development

of international trade corridors. This section directs the Secretary

to make allocations to projects that will either address significant

levels of truck traffic volume relating to international freight movement, connect at least 1 international terminus or inland port, traverses to at least 3 States, or remain high priority corridors under

section 1105(c) of ISTEA.

Sec. 1826. Authorization of contract authority for States with Indian Reservations.

SUMMARY

Section 1826 increases funding for roads that are adjacent to or

provide access to Indian reservations.

DISCUSSION

This section increases funds that supplement maintenance funds

provided by the Bureau of Indian Affairs from $1,500,000 to

$1,607,547 for fiscal years 2005 through 2009. The committee intends these funds to be shared equally by States (except Arizona)

that have Indian reservations larger than 10 million acres. These

funds shall be used for roads that are adjacent to or provide access

to Indian reservations, as well as roads used by a school bus to

transport children to a school or Headstart program.

SUBTITLE I—TECHNICAL CORRECTIONS

Sec. 1901. Repeal or update of obsolete text.

DISCUSSION

Letting of Contracts: This amendment deletes the obsolete exception.

Fringe and Corridor Parking Facilities: The amendment would

substitute a meaningful reference for the obsolete term.

Repeal of obsolete sections of title 23: This section repeals obsolete sections of title 23: Priority Primary Routes (23 U.S.C. 147);

Development of a National Scenic and Recreational Highway (23

U.S.C. 148); and Access Highways to Public Recreational Areas on

Certain Lakes (23 U.S.C. 155).
56

Sec. 1902. Clarification of date.

SUMMARY

This section restates, as a calendar date, a date in title 23 that

currently is expressed as a reference to a date of enactment of law,

making it difficult to understand. No change in the actual date is

made.

Sec. 1903. Inclusion of requirements for signs identifying funding

sources in title 23.

SUMMARY

Section 154 of the Federal-Aid Highway Act of 1987 (23 U.S.C.

101 note; 101 Stat. 209) establishes the basis for erecting signs at

Federally assisted highway projects identifying the source and

amount of funding being used. This section transfers the provision

to 23 U.S.C. 321 and makes a needed conforming amendment.

Sec. 1904. Inclusion of Buy America requirements in title 23.

SUMMARY

This section sets forth the ‘‘Buy America’’ provision and designates it as 23 U.S.C. 321. The provision makes non-substantive,

conforming amendments to the text needed because of the transfer,

simplifies the text, and deletes an executed report requirement.

Sec. 1905. Technical amendments to nondiscrimination section.

SUMMARY

This section makes several technical amendments to section 140

of title 23.

DISCUSSION

Technical changes made include:

• eliminating gender-based language; • clarifying that funding made available to carry out this

section has the same broad availability as the source from which

the funds are made available (an STP takedown); • removing the $2.5 million funding cap on highway construction and technology training programs established for fiscal

year 1976 as no longer necessary; • correcting a typographical error; and • clarifying the purpose and intent of subsection (d) by modifying the title to remove the reference to Indian contracting.

TITLE II—TRANSPORTATION RESEARCH

SUBTITLE A—FUNDING

Sec. 2001. Authorization of appropriations.

Subsection (a)

SUMMARY

Subsection (a) authorizes sums out of the Highway Trust Fund

(other than the Mass Transit Account) for Surface Transportation
57

Research, the Surface Transportation-Environmental Cooperative

Research Program, Training and Education, the Bureau of Transportation Statistics, ITS Standards, Research, Operational Tests

and Development, and University Transportation Centers.

DISCUSSION

The authorizing amounts to be appropriated are as follows:

Surface Transportation Research .............................................. $188,440,252 for fiscal year 2005

$192,012,579 for fiscal year 2006

$194,691,824 for fiscal year 2007

$196,477,987 for fiscal year 2008, and

$199,157,233 for fiscal year 2009

Surface Transportation Environment Cooperative Research

Program.

$17,861,635 for fiscal years 2005 through 2009

Training and Education ............................................................. $25,006,289 for fiscal year 2005

$25,899,371 for fiscal year 2006

$26,791,453 for fiscal year 2007

$27,685,535 for fiscal year 2008, and

$28,578,616 for fiscal year 2009

Bureau of Transportation Statistics .......................................... $25,006,289 for fiscal years 2005 through 2009

ITS Standards, Research, Operational Tests and Development $109,849,057 for fiscal year 2005

$112,528,302 for fiscal year 2006

$115,207,547 for fiscal year 2007

$117,886,792 for fiscal year 2008, and

$120,566,038 for fiscal year 2009

University Transportation Centers ............................................. $40,188,679 for fiscal years 2005 through 2009

Subsection (b)

SUMMARY

Subsection (b) provides the period of availability of funds for obligation and the Federal share of project cost.

DISCUSSION

The sums authorized to be appropriated under subsection (a) are

available for obligation in the same manner as apportioned funds

under Chapter 1 of title 23, USC. The Federal share of the cost of

a project under this section shall be 80 percent, unless otherwise

stated or determined by the Secretary. The funds shall remain

available until expended.

Subsection (c)

SUMMARY

Subsection (c) summarizes the allocations for the amounts made

available in subsection (a).

DISCUSSION

Out of funds authorized for Surface Transportation Research,

amounts shall be allocated as follows:
58

Advanced, high-risk, long-term research .................................. $24,113,28 for fiscal years 2005 through 2009

Long-term pavement performance program .............................. $16,075,472 for fiscal year 2005

$15,182,390 for fiscal year 2006

$13,396,226 for fiscal year 2007

$10,716,981 for fiscal year 2008, and

$8,930,818 for fiscal year 2009

High performance concrete bridge research and technology

transfer program.

$5,358,491 for fiscal years 2005 through 2009

Asphalt pavement research ....................................................... $5,358,491 for fiscal years 2005 through 2009

Concrete pavement research ..................................................... $5,358,491 for fiscal years 2005 through 2009

Highway pavement aggregates research .................................. $2,679,245 for fiscal years 2005 through 2009

Research for the prevention and mitigation of Alkali Silica

Reactivity.

$4,242,138 for fiscal years 2005 through 2009

Asphalt reclamation research at theSouth Dakota School of

Mines.

$1,786,164 for fiscal year 2005

Earthquake Hazard Reduction ................................................... $2,679,245 for fiscal years 2005 through 2009

Out of funds authorized for the Technology Application Programs, amounts shall be allocated as follows:

Technology Deployment Initiatives and Partnerships Program $53,584,906 for fiscal years 2005 through 2009

International Highway Transportation Outreach Program ......... $446,541 for fiscal years 2005 through 2009

Out of funds authorized for Training and Education, amounts

shall be allocated as follows:

National Highway Institute ........................................................ $11,163,522 for fiscal year 2005

$11,610,063 fir fiscal year 2006

$12,056,604 for fiscal year 2007

$12,503,145 for fiscal year 2008, and

$12,948,686 for fiscal year 2009

Local Technical Assistance Program ......................................... $13,396,226 for fiscal years 2005 through 2009

Eisenhower Transportation Fellowship Program ........................ $2,679,245 for fiscal years 2005 through 2009

For the New Strategic Highway Research Program, the following

amounts shall be allocated for fiscal years 2005 through 2009:

From the Interstate Maintenance Program ............................... $13,396,226

From the National Highway System .......................................... $16,968,553

From the Bridge Program .......................................................... $11,610,063

From the Surface Transportation Program ................................ $17,861,635
59

From the Congestion Mitigation and Air Quality Improvement

Program.

$4,465,409, and

From the Highway Safety ImprovementProgram ....................... $2,679,245

Out of the funds authorized for ITS standards, research, operational tsets and development, amounts shall be allocated as follows:

Commercial Vehicle Intelligent Transportation System Infrastructure.$26,792,453 for fiscal years 2005 through 2009

Subsection (d)

SUMMARY

Subsection (d) describes the transferability of funds.

DISCUSSION

Transfers are allowed among funds allocated under paragraphs

(1), (2), or (4) of subsection (c) when transferred funds do not exceed 10 percent of the amount allocated in the fiscal year. The

same is allowed for funds allocated under subparagraphs (A), (B),

or (C) of subsection (c)(3).

Sec. 2002. Obligation ceiling.

SUMMARY

This section sets limits on obligations for spending under title II

for Transportation Research.

DISCUSSION

The general limitation on spending shall be as follows:

$388,669,286 for fiscal year 2005,

$395,813,942 for fiscal year 2006,

$402,065,516 for fiscal year 2007,

$407,424,008 for fiscal year 2008, and

$413,675,582 for fiscal year 2009.

Sec. 2003. Notice.

SUMMARY

This section outlines requirements for the Department of Transportation to notify the appropriate committees of Congress should

any reprogramming of authorized funds or reorganization take

place.

DISCUSSION

This section continues an existing notification requirement. If

any funds under this title are subject to a reprogramming action

requiring notice to the Committee on Appropriations of the House
60

of Representatives and the Committee on Appropriations of the

Senate, notice shall be concurrently provided to the Committee on

Transportation and Infrastructure and the Committee on Science of

the House of Representatives and the Committee on Environment

and Public Works of the Senate. This section also extends the requirement that on or before the 15th day preceding the date of any

major reorganization of a program, project, or activity of the Department of Transportation for which funds are authorized by this

title, the Secretary shall provide notice of the reorganization to the

Committee on Transportation and Infrastructure and the Committee on Science of the House of Representatives and the Committee on Environment and Public Works of the Senate.

SUBTITLE B—RESEARCH AND TECHNOLOGY

Sec. 2101. Research and technology program.

SUMMARY

This section amends Chapter 5 of title 23, USC to provide authority for programs under Subchapter I—Surface Transportation,

Subchapter II—Intelligent Transportation System Research and

Technical Assistance Program; and Subchapter III—Miscellaneous.

SUBCHAPTER I—SURFACE TRANSPORTATION

Subsection 501. Definitions.

SUMMARY

This section defines terms used in this subchapter.

Subsection 502. Surface transportation research.

SUMMARY

This subsection authorizes the Secretary to carry out research,

development, testing, and technology transfer activities.

DISCUSSION

Under this subsection the Secretary may, independently or in cooperation with others, carry out activities in research, development,

and technology transfer with respect to all phases of transportation

planning and development and the effect of State laws on these activities. In addition, the Secretary may test, develop, or assist in

testing and developing any material, invention, patented article, or

process. Activities under this subsection must be consistent with

the surface transportation research and technology development

strategic plan required under section 508(c). All parties entering

into contracts, cooperative agreements, or other transactions with

the Secretary to perform research or provide technical assistance

shall be selected on a competitive basis and on the basis of a peer

review. The research, development, or use of technology under a cooperative agreement is subject to the Stevenson-Wydler Technology

Innovation Act of 1980 (15 U.S.C. 3701 et seq.). The Federal share

of the cost of activities carried out under a cooperative research

and development agreement shall not exceed 50 percent, unless

otherwise approved by the Secretary.
61

Among specific programs and activities, a new Advanced, LongTerm Research program is established that addresses longer-term,

high risk research with potentially dramatic breakthroughs for improving durability, efficiency, the environment, productivity, and

safety. The Seismic Research Program, Long-Term Pavement Performance Program (LTPP), and the Infrastructure Investment

Needs Report are continued. A report on the initial conclusion of

the LTPP program is required to be included in the strategic plan

under section 508(c). The due dates for the infrastructure needs report is changed from January 31 to July 31, and the comparison

to previous reports is no longer fixed at the prior three biannual

reports.This subsection also requires the Secretary, in consultation

with the Secretary of Homeland Security, to develop a 5-year strategic plan for research and technology transfer and deployment activities pertaining to the security aspects of highway infrastructure

and operations aspects.

Finally, this subsection establishes both a high-performance concrete bridge research program and a biobased transportation research program. The high-performance concrete bridge research

program shall demonstrate practices that will decrease the frequency of repairs and deploy rapid construction techniques thereby

reducing congestion and improve safety; train the workforce regarding design and construction best practices; reduce life cycle

costs; and, ensure bridges meet expectation by developing new testing methods and industry certification programs. Also included is

funding to carry out demonstration projects involving the use of

ultra-high performance concrete with ductility.

Allocated for the biobased transportation research program is $16,075,472 for fiscal years 2005 through 2009.

Subsection 503. Technology application program.

SUMMARY

This subsection amends the Technology Deployment Initiatives

and Partnerships Program and the Innovative Bridge Research and

Construction Program under section 503, title 23, USC.

DISCUSSION

This subsection establishes the Technology Application Initiatives and Partnerships Program to accelerate the transportation

community’s adoption of innovative technologies. The Secretary is

required to develop goals in consultation with the Surface Transportation Research Technology Advisory Committee and other interested stakeholders, as part of the research strategic plan under

section 508(c) of this title. Goals shall be designed to provide tangible benefits in the areas of efficiency, safety, reliability, service

life, environmental protection, and sustainability. In selecting

projects, the Secretary shall give preference to projects that leverage Federal funds with other public or private resources.

The Innovative Surface Transportation Infrastructure Research

and Construction Program expands the former program that emphasized bridges to now include all structures. The program still

includes the application of innovative material, design, and construction technologies in the construction, preservation, and reha-
62

bilitation of elements of surface transportation infrastructure.

Grants under this program are awarded based on program goals.

The Secretary is charged with ensuring the application of technology and technology transfer. The Secretary shall determine the

Federal share of the cost of the project.

This subsection also eliminates the requirement to continue

SHRP partnerships under section 503(a)(6) of title 23. Section

503(a)(7) of tile 23 is amended to delete the list of specified areas

within which the Secretary may make grants, cooperative agreements, and contracts to foster alliances and support efforts. Reporting on results and progress is published under the research strategic plan under section 508(c). Section 503(b) of title 23 is also retitled and revised to broaden the emphasis from bridge research to

surface transportation infrastructure research. In addition, the emphasis on innovative material technology research is expanded to

include design and construction technologies. The program goal

under section 503(b) to develop techniques to separate vehicle and

pedestrian traffic from railroad traffic has been eliminated. Also,

added is a provision that requires any entity to accelerate within

the agency a new technology implemented with funds made available under this section.

Subsection 504. Training and education.

SUMMARY

This subsection modifies the training and education programs of

the National Highway Institute.

DISCUSSION

Section 504(a)(3) of title 23 is modified to emphasize asset management and the application of emerging technologies as two areas

in which the Institute shall develop courses. The section identifies

additional courses to be developed by the Institute, in consultation

with State departments of transportation and the American Association of State Highway and Transportation Officials. Other

changes to the section include the requirement for the Institute to

periodically review courses and to make revisions or cease to offer

courses as necessary. The cost for course development is now explicitly stated as part of the cost of training and education to be

paid by a private entity or person, unless otherwise determined by

the Secretary.

Section 504(a)(7) of title 23 is modified by removing the limitation on the amount of fees that the Institute can collect in any fiscal year. Funds made available to carry out this section may now

be combined with or held separately from fees collected under

memoranda of understanding, regional compacts, and other similar

agreements, in addition to being combined with or held separately

from fees collected under this section as previously allowed.

Changes to the Local Technical Assistance Program add incident

response and operations as areas in which the Secretary can assist

transportation agencies and governments under grants, cooperative

agreements, and contracts. Where urbanized areas are cited, the

qualifying definition of population sizes between 50,000 and

100,000 is no longer included. Finally, regional cooperation is pro-
63

moted under Section 504(2)(C) as an area in which to assist urban

transportation agencies.

The Dwight David Eisenhower Transportation Fellowship Program is continued to allow the Secretary to make grants for research fellowships for the purpose of attracting qualified students

to the field of transportation.

Subsection 505. State planning and research.

SUMMARY

This subsection amends the program of funding to States for research, development, and technology transfer activities.

DISCUSSION

Two percent of sums apportioned under section 104 (except subsection (f) and (h)) and Section 144 shall be available for specified

State planning and research activities. Not less than 25 percent of

the funds shall be expended by the State for research, development, and technology transfer activities, unless waived by the Secretary. The Federal share of the cost of a project shall be 80 percent unless the Secretary determines that the interest of the Federal-aid highway program would best be served by decreasing or

eliminating the non-Federal share.

This subsection adds that State Planning and Research (SPR)

funds may be used for the purposes authorized under the International Highway Transportation Outreach Program of section

506(a).

Subsection 506. International highway transportation outreach program.

SUMMARY

This subsection amends the International Highway Transportation Outreach Program under section 506, title 23 USC.

DISCUSSION

This subsection continues the current program, requiring the

Secretary to conduct an international highway transportation outreach aimed at promoting U.S. expertise, goods and services, increasing the transfer of U.S. technology, and informing the U.S.

highway community of technological innovations in foreign countries.

Each fiscal year, the Secretary is required to submit a report to

Congress that describes the destinations and costs of international

travel conducted in carrying out activities under this program.

Subsection 507. Surface transportation-environmental cooperative

research program.

SUMMARY

This subsection amends the existing Surface Transportation-Environment Cooperative Research Program.
64

DISCUSSION

This section reauthorizes funds for a research program that was

authorized in TEA–21 but never received an appropriation. This research program examinies a wide range of environmental issues in

surface transportation. The program shall be based on the contents

of National Research Council Report 268, ‘‘Surface Transportation

Environment Research: A Long-Term Strategy’’. The Secretary is to

administer the program and sharpen the focus of the research

through stakeholder input via workshops, symposia, and expert

panel.

Subsection 508. Surface transportation research technology deployment and strategic planning.

SUMMARY

This subsection amends the strategic planning requirements for

research under section 508 of title 23.

DISCUSSION

The subsection continues the requirement of the Secretary to establish a strategic planning process for research. It adds the establishment of a Surface Transportation Research Technology Advisory Committee to provide program advice to the Secretary. For the

establishment of this advisory committee, $178,616 is allocated for

fiscal years 2005 through 2009. Continued is the requirement for

the Secretary to enter into a contract with the Transportation Research Board, on behalf of the Research and Technology Coordinating Committee of the National Research Council, for the review

of the plan and the strategic planning process and to provide program recommendations.

Subsection 509. New strategic highway research program.

SUMMARY

This subsection establishes a new strategic highway program.

DISCUSSION

In section 5112 of TEA–21, Congress requested that the Transportation Research Board (TRB) conduct a study to determine a

new strategic highway program. This new strategic highway program is based on the Future Strategic Highway Research Program

(F-SHRP) recommended in TRB Special Report 260: Strategic

Highway Research: Saving Lives, reducing Congestion, Improving

Quality of Lives.Under this subsection, the National Research

Council shall establish and carry out the strategic highway program. The program shall consider, at a minimum, the results of

studies relating to the implementation of the Strategic Highway

Safety Plan prepared by the American Association of State Highway and Transportation Officials (AASHTO). In administering the

program, the National Research Council shall acquire a qualified,

permanent core staff, and ensure that identified stakeholders are

involved in the program.
65

Before October 1, 2007, the Secretary is required to enter into a

contract with the TRB to complete a report on implementing results of the new strategic highway program. The Secretary shall

submit the report to the Committee on Environment and Public

Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

Subsection 510. University transportation centers.

SUMMARY

This subsection modifies the existing university transportation

research program under section 5505 of title 49 USC.

DISCUSSION

Section 5505 of title 49 USC established the University Transportation Centers (UTC) program in 1988 to create a partnership

between the academic community and DOT for the advancement of

research, education, and technology transfer. As amended under

this subsection, the grants are increased from 33 to 40 eligible institutions.

The subsection continues the establishment of 1 regional center

at institutions in each of the 10 Federal regions. A new provision

allows locating no more than one center (or one lead university in

a consortia) in any State. Only regional centers will be selected

based on proposals requested by the Secretary. All grantees must

otherwise meet specified requirements that include a 6-year program plan and annual report to the Secretary on projects and activities. A peer review is required for reports on research under

this program. The Secretary must coordinate activities of the centers and operate a clearinghouse for the dissemination of results

from activities.

Restrictions have been placed on the amount of funds available

to centers that can be used for faculty positions, laboratory facilities, student internships, and administration. Funds authorized

under this subsection shall be available for two years after September 30 of the fiscal year for which the funds were authorized.

Subsection 511. Multistate corridor operation and management.

SUMMARY

This subsection ensures that the Secretary encourages multistate

cooperative agreements to improve transportation system management and planning.

DISCUSSION

Subsection 511 encourages multistate cooperative agreements,

coalitions, or other arrangements to improve transportation system

management and planning. Specifically, it enacts grants for the

Interstate Route I-95 corridor coalition for intelligent transportation system management and operations.
66

Subsection 512. Transportation analysis simulation system.

SUMMARY

This subsection continues the deployment of the advanced transportation model known as the ‘‘Transportation Analysis Simulation

System.’’

DISCUSSION

This subsection allocates $893,082 from funds authorized for surface transportation research for fiscal years 2005 through 2009 for

the Transportation Analysis Simulation System (TRANSIMS). This

subsection ensures that TRANSIMS is further developed for additional applications, that training and technical assistance for the

implementation and application of the program is available for

States, local governments and transportation planning organizations, that a method is developed to simulate the national transportation infrastructure as a single integrated system, and that funding is provided for the implementation of the TRANSIMS.

Sec. 2102. Study of data collection and statistical analysis efforts.

SUMMARY

This section provides for activities of the Bureau of Transportation Statistics relating to transportation data collection and statistical analysis.

DISCUSSION

Under this section, the Bureau of Transportation Statistics assumes the role of the lead agency to establish, not later than October 1, 2005, statistical standards for the Department of Transportation. The Bureau shall provide to the Secretary an annual overview of the level of effort expended on statistical analyses.

Not later than 90 days after the date of enactment of this Act,

the Secretary shall provide a grant to, or enter into a cooperative

agreement or contract with the Transportation Research Board to

conduct a study of data collection and statistical analysis efforts. In

conducting the study, the Board shall consult with stakeholders.

Not later than one year after the date of the grant or cooperative

agreement, the Board shall submit to the Secretary, the Committee

on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the results of the study. The Bureau

shall, to the maximum extent practicable, implement recommendations included in the study. The Comptroller General of the United

States shall also conduct a review of the study. Each year, beginning in 2004, the Bureau shall prepare and submit to the Secretary

an annual report on progress made in response to the study recommendations.
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Sec. 2103. Centers for surface transportation excellence.

SUMMARY

This section establishes centers for surface transportation excellence to promote high-quality outcomes in support of strategic national programs and activities.

DISCUSSION

This section allocates $8,930,818 for fiscal years 2005 through

2009 for Centers for Surface Transportation Excellence. The secretary shall establish Centers of Surface Transportation Excellence

in the following research areas:

Environmental Excellence—to assist States in planning and delivering environmentally-sound transportation projects.

Operations Excellence—for implementing operations in planning

and management.

Excellence in Surface Transportation Safety—to provide critical

safety program information, technical support in the Secretary’s 22

safety emphasis areas, and training for State personnel.

Excellence in Project Finance—to support States in developing finance plans and project oversight tools and training in financing

methods to advance projects and leverage funds.

Excellence in Asset Management—to develop and conduct research, provide training and education, and disseminate information on the benefits of and tools for asset management.

The centers for transportation are selected by the Secretary on

a competitive basis.

Sec. 2104. Motorcycle crash causation study grants.

SUMMARY

This section provides the Secretary with the authority to issue

grants to conduct motorcycle crash causation studies.

DISCUSSION

This section ensures that the Secretary shall make grants for the

purposes of conducting a comprehensive, in-depth motorcycle crash

causation system. The section allocates $1,333,623 for fiscal year

2005 from the funds authorized for the Bureau of Transportation

Statistics.

Sec. 2105. Transportation technology innovation and demonstration

program.

SUMMARY

This bill continues the Intelligent Transportation Infrastructure

demonstration initiative enacted under section 5117 of TEA–21.

DISCUSSION

This section continues the Intelligent Transportation Infrastructure demonstration initiative by authorizing $4,465,409 in funds

from the Highway Trust Fund for fiscal years 2005 through 2009.

The section also exempts ITS project involved under the program
68

that include privately-owned components from State laws that regulate or prohibit commercial activities on highways funded with

Federal-aid highways funds.

SUBTITLE C—INTELLIGENT TRANSPORTATION SYSTEM RESEARCH

Sec. 2201. Intelligent transportation system research and technical

assistance program.

This section is intended to replace Subtitle C of Title V, TEA–

21, which is repealed. The following describes the changes from the

provisions of TEA–21. The section also allocates from funds authorized for ITS Standards, Research, Operational Tests, and Development $1,339,623 for fiscal years 2005 through 2009 for Advisory

Committees.

Subsection 521. Finding.

SUMMARY

This subsection modifies the TEA–21 section regarding findings

of the Congress on the ITS program.

DISCUSSION

This subsection amends the TEA–21 section by deleting one remark that makes reference to ISTEA and maintaining that Congress finds continued investment in architecture and standards development, research, technical assistance, and system integration is

needed to accelerate the rate at which ITS investment is incorporated into the national transportation network to improve safety

and efficiency and to reduce negative impacts on communities and

the environment.

Subsection 522. Goals and purposes.

SUMMARY

This subsection modifies the goals and purposes of the ITS program.

DISCUSSION

New goals are added to reflect the expanded interests for the

program. Other modifications reflect changes in emphasis for a

number of program activities.

Subsection 523. Definitions.

SUMMARY

This subsection deletes the word ‘‘corridor’’ from terms used in

the new subtitle to reflect the deletion of the corridor development

program under TEA–21. Terms relating to commercial vehicle operations are moved to the subsection on commercial vehicle systems.
69

Subsection 524. General authorities and requirements.

SUMMARY

This subsection makes changes to general authorities and requirements under TEA–21 that provide ITS program scope, policy,

and the requirements of the Secretary.

DISCUSSION

Under this subsection, a requirement that the Secretary ‘‘assist

in the application of ITS’’ replaces the TEA–21 requirement that

the Secretary ‘‘advance nationwide deployment.’’ In carrying out

the program, the Secretary is now required to consult with the Secretary of Homeland Security along with other Federal officials.

This subsection adds requirements for the program advisory committee authorized by section 5204(h) of TEA–21, and also includes

the amount of funding available for the committee. Now removed

is the requirement for the Secretary to use the Software Engineering Institute’s Capability Maturity Model, or other risk assessment

methodology, to reduce the cost, schedule, and performance risk associated with software. Finally, the Secretary is required to issue

revised guidelines and requirements for evaluating operational test

and other projects.

Subsection 525. National ITS Program Plan.

SUMMARY

This subsection continues the requirement for the Secretary to

develop a National Program Plan for ITS.

DISCUSSION

The National ITS program addresses program goals, objectives,

and milestones, and must be maintained and updated as necessary

and submitted to Congress as part of the Surface Transportation

Research Strategic Plan .

Subsection 526. National ITS architecture and standards.

SUMMARY

This subsection continues the general requirements and activities related to the national architecture and standards.

DISCUSSION

Changes under this subsection reflect the completion of several

requirements specified in TEA–21. These include the report to Congress on critical standards and the provision for a communication

spectrum for ITS. Subsection 526(d), which includes provision for

conformity with the National ITS Architecture, no longer includes

deployment. Deployment is no longer emphasized as a direct activity of the Secretary. Exceptions to conformity no longer include upgrades or expansions of existing systems, as allowed under TEA–

21.
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Subsection 527. Commercial vehicle intelligent transportation system infrastructure program.

SUMMARY

This subsection is intended to complete the core deployment of

Commercial Vehicle Information Systems and Networks (CVISN)

under TEA–21 and to encourage the expanded deployment of

CVISN.

DISCUSSION

Subsection (c) would require the Secretary to make grants of up

to $2.5 million for the core deployment of Commercial Vehicle Information Systems and Networks. A State that has previously received funding for the core deployment of Commercial Vehicle Information Systems and Networks will receive a grant that has been

reduced by the amount of funds previously received for CVISN core

deployment. States that have not previously received funding for

CVISN core deployment will receive a grant of $2.5 million. To be

eligible for a core deployment grant, a State must have a program

plan and top-level system design, must certify that its Commercial

Vehicle Information Systems and Networks activities are consistent

with National Intelligent Transportation Systems and Commercial

Vehicle Information Systems and Networks architectures and

available standards, and must agree to execute a successful interoperability test. The use of grant funds would be limited to core deployment activities.

The Secretary may make grants to States for the expanded deployment of Commercial Vehicle Information Systems and Networks. The amount of the grants will be determined by the amount

of funds that remain after the core deployment grants have been

made and by the number of States that request an expanded deployment grant. The maximum expanded deployment grant that

may be given to a State in a fiscal year is $1 million. A State that

has completed core deployment is eligible for an expanded deployment grant.

The Federal share of grant funds under this section is 50 percent. The Federal share for funds used for Commercial Vehicle Information Systems and Networks from other eligible sources is 80

percent.

Subsection 528. Research and development.

SUMMARY

This subsection continues ITS research and development program authorized under TEA–21.

DISCUSSION

Under this subsection, the types of projects and activities that receive funding priority are greatly broadened. Changes reflect new

focus areas, including activities to support goals for a national 511

traveler information system and reducing metropolitan congestion

by 5 percent by 2010.
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Subsection 529. Use of funds.

SUMMARY

This subsection changes the use of funds by deleting the TEA–

21 restrictions on funds for operational test and deployment.

TITLE III-RECREATIONAL BOATING SAFETY PROGRAMS

SUMMARY

The new title amends the Dingell-Johnson Sport Fish Restoration Act of 1950 and reauthorizes the Dingell-Johnson programs

within the committee’s jurisdiction through FY 2009. The title also

reorganizes the funding mechanism for these programs. All programs are assigned a percentage to allow a simplified, consistent

and fair allocation of funds.

DISCUSSION

Section 3003 provides for funds apportioned to any State under

the provisions of this Act that are not used (i.e., unexpended or unobligated) at the end of the period during which it is available for

expenditure on any project. These funds are authorized to be made

available for expenditure by the Secretary of the Interior to supplement the 57 percent of the balance of each annual appropriation

to be apportioned among the States, as provided for in section 4(c)

of the Dingell-Johnson Act.

Section 3004 simplifies the current distribution of funds to the

Coastal Wetlands, Boating Safety, the Clean Vessel Act, Boating

Infrastructure, National Outreach and Communications programs

as well as funding for administrative costs. For fiscal years 2004

through 2009, each annual appropriation made in accordance with

the provisions of section 3 of the Dingell-Johnson Sport Fish Restoration Act shall be distributed on a percentage basis, except the

administrative expenses of the Department of the Interior. Funds

are distributed as follows:

Coastal Wetlands ..................................................................................... 18.5 percent

Boating Safety ......................................................................................... 18.5 percent

Clean Vessel Act ...................................................................................... 2 percent

Boating Infrastructure ............................................................................. 2 percent

National Outreach and Communications ................................................ 2 percent

Under Section 3005, funds are redistributed to supplement the

57 percent of each annual appropriation to be apportioned among

the States under section 4(c) of this Act.

Section 3008 provides for the redistribution of remaining funds

from Section 12 of title 16 U.S.C. to supplement the 57 percent of

each annual appropriation to be apportioned among the States

under section 4(b) (i.e., Puerto Rico, the District of Columbia,

Guam, American Samoa, Commonwealth of the Northern Marina

Islands and Virgin Islands).

Sections 3006 and 3007 make necessary conforming changes as

a result of this Title.
72

Section 4108 provides, for fiscal year 2004 and each subsequent

year, not more than $3,000,000 for the Multistate Conservation

Grant Program.

TITLE IV—SOLID WASTE DISPOSAL

SUMMARY

The section amends Subtitle F of the Solid Waste Disposal Act

(42 U.S.C. et seq)

DISCUSSION

The Solid Waste Disposal Act is amended to direct the EPA and

each agency head to implement procurement requirements and incentives that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete

projects. Priority is to be given to achieving greater use of recovered mineral components in cement or concrete projects for which

recovered mineral components historically have not been used or

have been used minimally.

HEARINGS

The Committee on Public Works and Environment held eight

hearings, two field hearings and four symposiums during the 107th

Congress to hear from the Administration, States, industry, and

users of the surface transportation system for an overview of how

TEA–21 worked and what issues needed to be addressed in reauthorization. A complete transcript of these hearings is contained in

S. Hrg. 107–668, Parts I and II.

Partners for America’s Transportation Future: Hearing to Examine

Lessons Learned From TEA–21 and Perspectives on Reauthorization From the Federal, State and Local Level—January 24,

2002

This kick-off hearing examined the state of the nation’s transportation system, lessons learned in the 10 years since the passage of

the Intermodal Surface Transportation Efficiency Act (ISTEA), and

where the transportation program is headed.

PANEL I

Honorable Norman Y. Mineta, Secretary, United States Department of Transportation.

Secretary Mineta detailed five areas in which TEA–21 benefited

America’s transportation system: predictability, equity and flexibility of funding; safety; mobility and system upgrading; application of innovative technologies; and quality of life. He praised TEA–

21’s 40 percent increase over ISTEA and noted that minimum

guarantees and Highway Trust Fund firewalls, and flexible funding

allowed States to meet their own needs, and innovative loan and

grant programs strengthened infrastructure.

The Secretary suggested several ways to build on the success of

TEA–21. Among them: preserve funding flexibility; build on the

intermodal approaches of ISTEA and TEA–21; expand innovative

financing programs; and focus more on the management and per-
73

formance of the system as a whole rather than on ‘‘inputs’’ or the

functional components such as planning, development, operation

and maintenance themselves. Secretary Mineta also stressed that

further safety improvements must be made because 41,000 deaths

and over 3 million injuries suffered annually on highways is not acceptable.

PANEL II

Chris Hart, Hillsborough County Florida Commissioner.

Peter Clavell, Mayor, Burlington, Vermont.

H. Brett Coles, Mayor, Boise, Idaho.

Raymond C. Scheppach, Executive Director, National Governors

Association.

Raymand Scheppach, speaking on behalf of the National Governor’s Association, voiced strong support for protection of the

Highway Trust Fund. He also stated, ‘‘The public transportation

system is largely the responsibility of States and local governments. It is important that the next authorization should not weaken or preempt State authority.’’

Burlington, VT, Mayor Peter Clavelle spoke on behalf of the National League of Cities. He stated that ‘‘one of the greatest successes of TEA–21 was the establishment of a direct link between

gasoline taxes collected at the pump and Federal transportation

spending.’’ Mayor Clavelle voiced concern over transportation security, asking, ‘‘Will the Federal Government be able to offer greater

assistance to cities to meet their needs?’’ He calls for all transportation taxes to be deposited into the highway trust fund. FederalState financial matching relationships and innovative financing

techniques such as tolls were also supported by Mayor Clavelle, as

was local flexibility, instead of a ‘‘one size fits all’’ transportation

program.

Representing the United States Conference of Mayors, Boise

Mayor H. Brent Coles revealed the results of a survey taken by 40

mayors relating to TEA–21. The survey suggested that ‘‘States are

reaching out to local governments under TEA–21.’’ Further results

listed the most important transportation priorities as system preservation (35 percent), congestion relief (20 percent), and new rail

projects (15 percent). Mayor Coles then cited the formation of a

new commuter rail project in Boise, called the Treasure Valley

Partnership, as confirmation that TEA–21 is working.

The National Association of Counties (NACo) was represented by

Chris Hart, County Commissioner of Hillsborough County, Florida.

He had a very favorable view of TEA–21, praising the flexibility

that allowed for greater input from local officials. Commissioner

Hart listed congestion, environmental streamlining, and investment in rural roads as chief concerns of NACo.

Subcommittee on Transportation, Infrastructure, and Nuclear Safety Hearing Fiscal Year 2003 Budget and Highway Trust

Fund—February 11, 2002

TEA–21 created the concept of Revenue Aligned Budget Authority (RABA) to align spending from the highway account of the

Highway Trust Fund (HTF) to revenue into the HTF. During the

first few years of TEA–21, actual HTF receipts were higher than
74

projected at the time of the legislation’s passage. This resulted in

an upward adjustment of the guaranteed funding levels set out in

TEA–21.

In fiscal year 2003, TEA–21 set the projected guaranteed funding

level at $27.7 billion. However, HTF receipts did not meet anticipated revenues resulting in a negative RABA adjustment of $4.4

billion reflected in the President’s fiscal year 2003 budget request.

The President’s budget request set the obligation limitation at

$23.2 billion representing a $8.6 billion decrease from the fiscal

year 2002 funding level.

PANEL I

Honorable Mary Peters, Administrator, Federal Highway Administration.

Ms. Donna McLean, Assistant Secretary for Budget, US Department of Transportation.

The Administrator stressed that the Federal-aid program should

not abandon the RABA concept. Instead, as the reauthoriozation

process advances, she urged Congress to work with the Administration to refine the process and eliminate the dramatic positive and

negative fluctuations under the current program.

PANEL II

Honorable Tom Stephens, Director, Nevada Department of

Transportation.

Carson City, NV (on behalf of the American Association of State

Highway and Transportation Officials).

Mr. Bill Fay, President and CEO, American Highway Users Alliance, Washington, DC.

Mr. Tom Hill, Chief Executive, Oldcastle Materials, Inc., Washington, DC (on behalf of American Road and Transportation Builders Association).

The non-Federal witnesses on the second panel focused their testimony on the need to correct the negative RABA adjustment and

the impact of such a dramatic decrease in funding.

Research Round Table Discussion on Reauthorization of Federal

Surface Transportation Research Program Friday, March 15,

2002

PARTICIPANTS

Dr. Michael Walton, University of Texas in Austin.

Mr. Robert E. Skinner, Executive Director, Transportation Research Board (TRB).

Professor Elizabeth Deakin, University of California in Berkeley.

Dr. Taylor Eighmy, Director, Recycled Material Resource Center

at the University of New Hampshire.

Mr. Scott Bernstein, President of the Center for Neighborhood

Technology.

Mr. Val Riva, President and CEO, American Concrete Pavement

Association.

Mr. David B. Carlson, President, Fred Carlson Company (testifying on behalf of the National Asphalt Pavement Association).
75

Dr. Chelsea C. White, Georgia Institute of Technology (testifying

on behalf of Intelligent Transportation Society of America (ITS)).

Dr. Phillip J. Tarnoff, Institute of Transportation Engineers

(ITE).

Mr. Michael M. Ryan, Representing the Pennsylvania Department of Transportation (PennDOT) and the American Association

of State Highway and Transportation Officials (AASHTO).

Mr. Bud Wright and Mr. Dennis C. Judycki, Executive Director

and Director of Research, Development and Technology, respectively, Federal Highway Administration (FHWA).

Mr. Wright and Mr. Judycki both stressed the importance of research and technology. Funds for these activities were reduced

under TEA–21, and this coupled with loss of flexibility caused by

earmarks and designations impeded FHWA’s ability to do research.

The response to this was a re-emphasis on cooperation, information

sharing and development of coordinated research agendas within

the highway community. One of the successes cited as a result of

this was the Long Term Pavement Program, to which the States

provided $14 million through the National Cooperative Highway

Research Program. In 1999, a national highway research and technology partnership created by FHWA, AASHTO and TRB formulated a collaborative national research and technology agenda, focusing on safety, infrastructure renewal, operations and mobility,

planning and environment, and policy analysis and system monitoring.

Mr. Skinner argued for a decentralized research program to

match the decentralized surface transportation system, because

‘‘decentralized research programs allow the potential users of research results to participate at many different levels. Because the

industry is so highly fragmented, a more centralized program

would probably make it even more difficult to establish productive

links between researchers and the users of research products.’’ Mr.

Skinner also states, ‘‘The Federal role in highway research and

technology is vital to highway innovation. Only the Federal Government has the resources to undertake and sustain high-risk but

potentially high-payoff research, and only the Federal Government

has the incentives to invest in long-term, fundamental research.’’

He cites a Research and Technology Coordinating Committee report (TRB Special Report 261) in which suggestions are made for

the improvement of FHWA’a research and technology program.

The focus of Dr. Walton’s testimony was the Future Strategic

Highway Research Program (F-SHRP). TEA–21 had asked the National Research Council to convene a study group to ‘‘determine the

goals, purposes, and research agenda’’ for F-SHRP. The resulting

report, entitled Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Life, recommended the establishment of an F-SHRP program comprised of four strategic areas:

renewal, safety, reliability, and capacity. Renewal refers to ‘‘developing a consistent systematic approach to performing highway renewal that is rapid, causes minimum disruption, and produces

long-life facilities it means get in, get out, and stay out on our

highway.’’ Reliability refers to ‘‘provid[ing] highway users with reliable travel times by preventing and reducing the impact of non-recurring incidents.’’
76

Professor Deakin served as chair of the Surface Transportation

Environmental Cooperative Research Board, which was created in

1999 through the TRB. The Board found that ‘‘a major new investment in transportation-environmental research is needed to support the nation’s growth and meet public expectations for improved

transportation system performance.’’ Six critical areas were identified to bring about this improvement: human health; ecology and

natural systems; environmental and social justice; emerging technologies; land use; and planning and performance measures. Increased funding was also advocated by Professor Deakin.

Mr. Riva outlined his key components for effective pavement research. He believed the research must be useful, that education

and knowledge transfer is critical, that research must be conducted

in a cooperative effort between the public and private sectors, that

it must focus on pavement replacement and making due with existing facilities, and that the construction must be environmentally

sensitive.

Dr. Eighmy’s testimony was centered on his four ‘‘take home’’

messages regarding recycled materials in the highway environment: (1) ‘‘research on recycled materials is going to require strategic partnerships;’’ (2) research done by these partnerships must

be placed in the hands of decisionmakers within the highway community; (3) ‘‘[t]hese research activities not only must produce more

basic knowledge, but these tangible products that must also evolve

have to be things like material specifications, performance specifications, best practices, guidance, evaluation methodologies policy

analysis as research, and demonstration projects;’’ and (4) ‘‘a measurement of research success needs to be put in terms of actual use

of the product by the highway community, particularly the State

DOT’s.’’

The focus of Mr. Bernstein’s testimony was the five areas of

TEA–21 in need of improvement in relation to its stated purposes

(intermodalism, economic efficiency, environmental quality, and equity). The five areas were: (1) transparency or the ability to see

clearly how resources are used; (2) data ‘‘good data should support

good science and good decisions, but bad data is going to work the

other way;’’ (3) travel security (here Mr. Bernstein cited an American Travel survey which stated that 81 percent of trips over 100

miles are taken by car, and asks why surface transportation security efforts do not match those of aviation security); (4) the value

of fixing it first, and preserving instead of replacing; and (5) transportation and household economics (here Mr. Bernstein suggested

that the DOT track issues such as the financial impact on people

based on how many cars they own).

On behalf of the National Asphalt Pavement Association, Mr.

Carlson advocated that Congress authorize a ‘‘multi-year asphalt

pavement research and technology program, managed by the

FHWA, with oversight input from members of AASHTO and the

hot mix asphalt industry.’’ This would, according to Mr. Bernstein,

‘‘result in highways that are safer and environmentally friendly,

designed for perpetual use, and repair projects that are quick and

reduce traffic congestion.’’

Dr. White specified four areas on which the ITS should focus, according to its National Transportation Systems Program Plan: ‘‘an
77

integrated network of transportation information that involves the

instrumentation of major intersections and roads; advance crash

avoidance technologies and automatic crash and incident detection,

notification, and response; advanced transportation management

systems that enable area-wide surveillance; and operational responses to traffic flow changes.’’

Six recommendations were outlined by Dr. Tarnoff for the purpose of improving TEA–21. These were: (1) funding for F-SHRP

should be provided through a ′ of 1 percent take-down of Federal

highway funds; (2) increase funding for the Transit Cooperative Research Program; (3) more focused research on intersection safety

counteremeasures; (4) a study should be conducted by the Secretary of Transportation to identify the best practices of incorporating operations and safety into the planning process; (5) continue to fund the ITS research and development program; and (6)

support the findings of TRB report 261.

Mr. Ryan detailed the two themes of AASHTO’s Research Authorization Report. First is ‘‘the need for enhanced fundamental,

long-term higher risk research.’’ Second is ‘‘the need to do more aggressive training, technology transfer, and education.’’ Mr. Ryan

concluded by stressing that AASHTO supports many other programs that had been the subject of previous testimony, chief among

them environmental quality and the Cooperative Research.

TEA–21 Reauthorization: Transportation Mobility, Congestion, and

Intermodalism, March 19, 2002

PANEL I

Mr. C. Kenneth Orski, Director , MIT’s International Mobility

Observatory,

Mr. Alan Pisarski, Chairman of the Transportation Research

Board Committee on National Transportation Data Requirements,

and Programs.

Mr. Anthony Downs, Senior Fellow, Downs Institute.

Mr. Fred Salvucci, Senior Lecturer at MIT (specializing in transportation).

In his testimony, Mr. Orski provided an overview of nine areas

that he felt had a large degree of consensus with the transportation

industry and among the major stakeholder groups. These nine

areas are: protecting the budgetary firewalls and guaranteed funding enjoyed by the highway and transit programs; giving States

greater freedom to transfer funds between programs; a comprehensive strategy for addressing congestion is needed; providing administrative relief in the environmental review while not losing environmental protections; continued Federal support for intelligent

transportation systems; providing funding for lower cost transit solutions such as bus rapid transit; allowing for the creation and

funding of high occupancy tolls lane networks; providing for a national essential bus service network to provide greater national mobility; and examining and implementing refinements or new mechanisms to sustain the highway trust fund.

Data was the central theme of the testimony of Mr. Pisarski. The

trend lines show American’s are still predominately using the automobile as their mode of choice. Transportation is and will always
78

be about distance and time. Transportation’s goal must be to reduce the impact of distance on the ability of society to act on its

varying interests. We are now at the stage where it is the pressures of time that should be the great driver of transportation goals

and issues for the future.

Mr. Downs, the author of the book ‘‘Stuck in Traffic’’ testified

specifically on the issue of congestion. Mr. Downs testified that

there are positive social benefits to peak hour congestion that enable us as a society to pursue other goals such as where we live

and work, living in low-density settlement patterns, and enjoying

flexible means of movement. Mr. Downs provided data that demonstrated that the problem of congestion is getting worse around

the country. Once congestion appears in a community there is very

little that can be done to eliminate congestion all together. There

are strategies that can be put in place such as incident management, ramp metering, the use of HOT lanes, adding capacity at

bottlenecks, or moving closer to your workplace that can be employed to mitigate or diminish the effects of congestion.

Mr. Salvucci’s testimony examined the impact of the implementation of the Federal-aid highway program and its role in developing

our surface transportation system. From his examination of the

past and the current state of the transportation system, Mr.

Salvucci suggested four areas that can improve our transportation

system. These are: (1) establishing a new program to Federally

fund the cost of operating and maintaining the existing national

highway system; (2) developing a new category of funding for the

rebuilding and redevelopment of old infrastructure and megaprojects; (3) developing a new initiative to prioritize access to airports; and (4) developing a new program to provide Federal funding

for improved paratransit service.

PANEL II

Mr. Ron Sims, County Executive of King County, Washington.

Mr. Tim Lomax, Research Engineer for the Texas Transportation

Institute (TTI) at Texas A&M University.

Mr. Sims testimony highlighted the role congestion is playing in

urban areas. As an executive for a highly growing region, Mr. Sims

has seen how population growth, development patterns, and lack of

infrastructure investment can bring congestion problems to urban

areas. The cost of congestion is one of the factors that a major employer in his area relocated their corporate headquarters. Mr. Sims

provided three key recommendations to assist metropolitan areas

mitigate the effects of congestion and keep areas competitive in the

global economy. These are: (1) encouraging and promoting more

flexible use of Federal funds for areas such as air quality improvements, ITS, and system operations; (2) the creation of geographically defined metropolitan transportation systems within which

Federal fund would be targeted; and (3) targeting more Federal

transportation dollars directly to metropolitan areas to combat congestion.

Mr. Lomax, discussed a mechanism developed by the Texas

Transportation Institute to measure and quantify congestion. According to TTI’s studies, over the past 20 years American cities

have not been able to keep pace with the demand brought by popu-
79

lation and job growth. As a result, it now takes travelers in the top

75 metropolitan areas 185 percent longer to travel during peak periods. In 2000, travelers in these areas lost 3.6 billion hours to congestion. While road building can help to reduce the growth of traffic congestion, Mr. Lomax suggested that just funding roadway improvements will not solve our battle to curb congestion. A new balanced solution that examines and invests in all modes and in operation and demand aspects of the transportation system is a needed

to fight the effects of ever growing congestion.

Symposium on Operations and Security in the Metropolitan Area—

May 10, 2002

This roundtable discussion focused on the importance of enhanced communications, coordination and deployment of ITS technology to assist traffic managers and law enforcement in handling

local and national emergencies.

PARTICIPANTS

Dr. Christine Johnson, Intelligent Transportation Systems, Federal Highway Administration.

Mr. Henry Hungerbeeler, Director, Missouri Department of

Transportation.

Mr. John Njord, Exective Director, Utah Department of Transportation.

Mr. Elwyn Tinklenberg, Commissioner, Minnesota Department of

Transportation.

Admiral Richard E. Bennis, Associate Undersecretary for Maritime and Land Security Transportation Security Administration.

Mr. Jacob Snow, General Manager, Regional Transportation

Commission of Southern Nevada (on behalf of the Association of

Metropolitan Planning Organizations).

Mr. Matthew Edelman, Executive Director, TRANSCOM, Jersey

City, NJ.

Mr. Steve Lockwood, Vice President, Parsons Brinckerhoff (on

behalf of the Institute of Transportation Engineers).

Dr. William D. Miller, Executive Director, Oklahoma Aeronautics

and Space Commission.

Mr. Jack Goldstein, Senior Vice President, Science Applications

International Corp. (on behalf of ITS America).

In their opening remarks, Senators Reid, Bond and Jeffords highlighted the importance of ITS and operations management to enhancing local and Federal response to emergencies. Senator Bond

also noted the importance of ‘‘waterway transportation systems’’

and pointed out that ‘‘one medium size tow on the Mississippi

takes 870 trucks off the road . . . [resulting in] less highway congestion, less fuel burned, improved safety, cleaner air in the ozone

non-attainment area os St. Louis, and less highway wear and tear.’’

Christine Johnson (FHWA) pointed out that two investments

offer ‘‘very high leverage in contributing’’ solutions to the problems

of security and congestion. These investments are ‘‘monitoring technology that yields real-time information on traffic speed and volume; on incident details . . . transit and emergency response fleet

location; weather data; and emergency evacuation details.’’ The second is investment in institutional infrastructure that routinely
80

brings together transportation, public safety, and emergency managers to collaborate on planning for response to routine traffic incidents and to major emergencies, and to develop ways to communicate such information.

Mr. Henry Hungerbeeler (Missouri Department of Transportation) noted that AASHTO’s board of directors recommended that

FEMA and Homeland Security support those ‘‘purely security-related costs that States will incur, and the Highway Trust Fund

support those needs that serve multiple purposes, such as surface

transportation, emergency response capabilities for major incidents

on or off the transportation system.’’ He also focused on defense

mobilization needs, protection of highway assets, capabilities of the

system for emergency response and special needs associated with

the movement of goods.

Mr. John Njord (Utah Department of Transportation) highlighted

the fact that in the West, as compared to much of the rest of the

Nation, States face enormous growth. He noted that over the past

10 years Utah had population growth of 30 percent per year. Because of this Utah invested in a coordinated intelligent transportation system and has seen a reduction of delays on streets by up

to 20 percent. Their ITS uses: closed circuit television cameras;

congestion sensors; road pavement condition sensors; 511 traveler

information; close coordination with highway patrols; and a web

site which contains detailed traffic information. He recommended

strong Federal support for ITS technology deployment. Mr. Njord

also noted that ‘‘there is not bigger ’bang for the buck’ than ITS

technology in reducing congestion and increasing air quality’’ and

thus he recommended that CMAQ funds be allowed to be used for

more than 3 years’ worth of operation.

Mr. Tinglenberg (Minnesota Dept. of Transportation) echoed

some of the remarks of Mr. Njord regarding the importance of ITS

technology. He noted that communication is the best response to

handling security problems and recommended ‘‘the use of cameras

and digital imaging systems, advanced signal integration systems

. . 511 and C-vision, improved variable message capabilities.’’ In

terms of the reauthorization, he proposed strong financial support

of ITS deployment and mentioned AASHTO’s support for about

$142 million per year. In addition, he favored funding of around

$125 million per year for critical research and development regarding new ITS technologies. He also discussed ramp metering and

noted that their metering system provided annual benefits of about

$40 million to our system.

Mr. Snow, who testified on behalf of AMPO, noted that Las

Vegas had ‘‘100 percent growth in the last 10 years.’’ He described

the problems such tremendous growth creates. He strongly supported ‘‘development of a performance-based management and operations element [regarding] regional transportation plans.’’ He

wanted DOT and Homeland Security to ‘‘assist in funding needed

info-structure to provide data that will assess the system’s effectiveness.’’ He also recommended that the amount of funding provided to MPOs should increase to 2 percent from the current level

of 1 percent and that MPOs be allowed to flex funds from STP and

CMAQ in support of ITS operations, and that these ‘‘types of flex

funds need to be sub-allocated to MPOs. . . .’’
81

Mr. Edelman, who represents a coalition of 16 agencies in New

York, New Jersey and Connecticut, noted how the value of ITS was

proven after the September 11 bombings of the World Trade Center

in New York. He noted how ITS technology helped determine the

effect of the ban on single occupancy autos coming into Manhattan.

Also, bus operators on the day of the attack ‘‘were able to use our

multi-agency video network to make the best use of their resources.’’ In addition, his group ‘‘used the I–95 Coalition’s network

to advise drivers throughout the Northeast, linked to a massive deployment of traveler information systems, to avoid [certain areas].’’

He called for more funding for ongoing operations and maintenance

costs of ITS systems.

Mr. Lockwood testified on behalf of the Institute of Transportation Engineers. He recommended that the Federal Government

play an enhanced role in accelerating the evolution of incorporating

systems management into State and local agency decisionmaking

by clarifying support of Federal policy. He also urged supporting a

higher priority for performance-oriented improvements; provision of

appropriate funding flexibility; and promoting stronger operations

oriented planning and multi-jurisdictional partnerships at the regional level.

Mr. Goldstein represented ITS America at the roundtable discussion and he noted that ITS technologies, already deployed, are

‘‘being used to enhance the security of the Nation’s surface transportation system.’’ He pointed out that in addition to the technology deployed, system performance is ‘‘predicated on the ability

of skilled transportation professionals to collect, analyze, and archive data about the performance of the system, during the hours

of peak use.’’ He concluded by stating that ITS America proposed

the ‘‘creation of a national transportation information network,

which will link all existing and future metropolitan and rural

transportation systems in the Nation into an integrated, yet distributed, data network.’’ He recommended that Congress double

funding for ITS operations in the reauthorization of TEA–21.

Mr. Miller, of the Oklahoma Aeronautics and Space Commission,

emphasized that America was faced with the ‘‘defender’s disadvantage’’ in that we must defend against all possible attacks, while the

terrorist only has to find one weakness in our system. He noted

that ITS technologies ‘‘can be a powerful tool in aiding first responders and traffic managers, while assisting the efforts to secure

our transportation infrastructure.’’ In Oklahoma their multi-phase

ITS integration program included a fiber optic communications

backbone capable of integrating a myriad of ITS components, to enhance security and preparedness. Their program linked DOT, Federal , military and local agencies into this common communication

backbone.

Transportation Planning and Smart Growth, May 15, 2002

Under the current Federal surface transportation program,

States and metropolitan areas engage in a planning process as a

prerequisite to spending Federal-aid highway and transit funds.

This full committee hearing examined the effectiveness of the current transportation planning program and explored ideas for the

future.
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PANEL I

Ms. Cynthia Burbank, Program Manager, Planning and Environment, Federal Highway Administration (FHWA).

Mr. Kenneth J. Leonard, Director, Division of Transportation Investment Management, Wisconsin Department of Transportation,

Madison, WI (on behalf of the American Association of State Highway and Transportation Officials (AASHTO)).

Mr. Ronald Kirby, Transportation Director, Metropolitan Washington Council of Governments, Washington, DC (on behalf of the

Association of Metropolitan Planning Organizations (AMPO)).

Mr. Peter Gregory, Executive Director, Two Rivers Ottauquechee

Regional Commission, Woodstock, VT (on behalf of the National Association of Regional Council (NARC)).

PANEL II

Mr. Andrew Cotugno, Planning Director, METRO, Portland, OR.

Ms. Judith Espinosa, Director, Alliance for Transportation Research, Albuquerque, NM (on behalf of the Surface Transportation

Policy Project).

Ms. Jennifer Joy Wilson, President, National Stone, Sand and

Gravel Association, Arlington, VA Wendell Cox, Wendell Cox

Consultancy, Belleville, IL.

Mr. Tom Downs, Director, National Center for Smart Growth

Education and Research, University of Maryland, Baltimore, MD.

The overall planning program received a good review from the

witnesses on both panels. They testified that the planning provisions implemented since the passage of ISTEA have largely worked

well and have encouraged improvements in transportation planning. The witnesses also offered varied critiques and suggestions

for reauthorization.

As it was a specific question posed to the witnesses, several commented on the requirement that States and MPOs draft financially

constrained plans. Kenneth Leonard argued, ‘‘The financial constraint requirement makes it difficult for States to make adjustments needed as to which projects can move forward to obligation

and letting.’’ He recommended increased flexibility related to financial constraint in State and Metropolitan Transportation Improvement Plans.

Ronald Kirby, and others, considered the fiscal constraint requirements as among the most effective tools provided by ISTEA

and TEA–21. Developing financially sound transportation plans

and programs improved the credibility of MPOs’ plans and ‘‘presented the public with a realistic view of what can be delivered in

the way of transportation projects and services Any dilution of the

fiscal constraint requirement may find us over-promising transportation improvements and losing our credibility with our customers.’’

The witnesses hailed the expansion of efforts to include the public and stakeholders in the transportation planning process. Looking to the future, the witnesses highlighted the importance of improving planning for freight transportation. They also noted TEA–

21’s emphasis on outreach to local officials. Peter Gregory, described Vermont’s planning program, which depends on the State’s

regional planning commissions. ‘‘Each regional planning commis-
83

sion is guided by a transportation advisory committee (TAC) comprised primarily of locally elected officials. These local officials provide the Vermont Agency of Transportation (VTrans) with a regional transportation plan and prioritized projects in all modes.’’

Mr. Gregory recommended that Congress encourage rural officials’

involvement in the transportation planning process by developing

new funding streams to provide guaranteed planning funding for

rural areas and by ‘‘adopting clear and concise law incorporating

local governments into the transportation decisionmaking process.’’

Mr. Leonard presented a slightly different perspective on the balance of decisionmaking authority between the MPO, the State, and

local officials. In his view, ‘‘the Nation is well-served by the current

balance of responsibility for the development of highway, transit

and intermodal projects, and AASHTO recommends that Congress

maintain this balance and reaffirm the leadership role and authority of the States as TEA–21 is reauthorized.’’

The witnesses also addressed the importance of assistance provided by FHWA and FTA. FHWA and FTA continue to conduct

training courses, provide technical assistance, support peer exchanges, identify best practices, and prepare case studies in order

to assist the MPOs, State DOTs, and transit operators in implementing the planning provisions of ISTEA and TEA–21.

Several witnesses mentioned the opportunities for gain presented

by improved coordination among State and local planning agencies

and environment and transportation officials. Several witnesses addressed the linkage between land use and transportation planning

directly. Most reiterated that, ultimately, land use decisions are

the responsibility of local and State officials. Ms. Burbank presented the Administration’s view of smart growth and transportation planning: ‘‘Land use and transportation have a symbiotic relationship. How development occurs can greatly influence regional

travel patterns and, in turn, the degree of access provided by the

transportation system can influence land use distribution Smart

growth does not mean pitting transit or any other mode against

highways It is not an issue of highways versus transit. It is an

issue of expanding transportation choices and providing a balanced

intermodal transportation system that allows for the efficient and

economical movement of people and goods.’’

Joy Wilson emphasized this point as well: ‘‘Investment and use

of mass transit and public transportation whether buses or rail are

necessary and important tools in our battle to solve congestion. But

these tools need to be in some proportion to Americans’ interest in

using them, and should not be used as weapons against roads and

vehicle use.’’

The witnesses explored the complex nature of the relationship

between land use and transportation planning. Andrew Cotugno

explained that the key to a successful integration of smart growth

and transportation is the awareness of ‘‘what land use goals are

being pursued and how a planned transportation project will either

lead the region closer to the goals or conflict or undermine the

goals.’’

Wendell Cox, on the other hand, questioned the effectiveness of

‘‘smart growth’’ strategies. He argued, ‘‘No problem has been identified of sufficient magnitude to justify the coercive smart growth
84

strategies; two that there is little potential for reducing traffic congestion or increasing transportation choices for all but a few, mainly those going downtown through transit . . . And finally, smart

growth strategies tend to intensify the very problems they are purported to solve.

Several witnesses pointed out that extensive research, data collection, and data analysis are required to achieve that level of understanding. Judith Espinosa and Thomas Downs both discussed

the shortage of current research regarding the linkage between

land use and transportation and the inadequacy of the tools and

methods used to analyze and address related problems. Recommended solutions included a significant commitment to research

exploring these issues and improving relevant data sets. Ms.

Espinosa and Mr. Downs also suggested a reemphasis in the transportation planning process to ensure that planners consider factors

such as health, pedestrian trips, and land use impacts.

Mr. Cotugno proposed three pillars for encouraging smart growth

through the reauthorization bill. He described ways in which the

FTA New Starts Program, the National Corridor Planning and Development Program, and the Transportation and Community and

System Preservation Pilot Program could be enhanced to form a

strong and comprehensive base for States to proactively address

both land use and transportation concerns.

Symposium on Transportation Safety (A Round Table Discussion to

Examine Safety Programs Funded by the Highway Trust

Fund)—June 14, 2002

PANELISTS

Frederick Wright, Executive Director, Federal Highway Administration.

Bruce Warner, Director, Oregon Department of transportation

and Chairman of the Standing Committee on Highway Traffic Safety, AASHTO.

William Walsh, National Highway Traffic Safety Administration.

Edward Hamberger, President and CEO, Association of American

Railroads.

Tricia Roberts, Director, Delaware Office of Highway Safety (representing the National Association of Governors’ Highway Safety

Representatives).

Brian Holmes (representing the American Road and Transportation Builders Association).

Wendy Hamilton, National President, Mothers Against Drunk

Driving.

D.B. Hill, Chairman, Workzone Safety Committee, Associated

General Contractors.

Kathleen Holst, President, American Traffic Safety Services Association.

Frederick Wright (FHWA) noted that over 41,000 lives are lost

and 3 million injuries occur in roadway accidents each year. He

states that to ‘‘significantly reduce fatalities and injuries, we must

use a comprehensive approach that addresses the roadway environment, driver behavior and the vehicle.’’ He proposed regarding the

roadways that investments should be targeted on ‘‘run-off-the-road
85

crashes, crashes at intersections, speed management, and pedestrian safety . . .’’ He noted that Secretary Mineta believes that ‘‘accurate crash data collection and analysis are essential to identify

the most critical safety problems and to deploy the most effective

countermeasures.’’

Bruce Warner (AASHTO) pointed out that after three decades of

decline ‘‘the reduction in highway fatality rates has stalled.’’ He

noted that ‘‘40 percent of the fatalities are alcohol related; 20 percent are speed related; and only 73 percent of the people use their

seat belts . . . [and that] one-fourth of fatalities are at intersections; one-third of them are run-off-the-road accidents; and 45 percent of all the fatalities are on rural two-lane roads.’’ He recommended that ‘‘investment in transportation safety should be almost doubled’’ and that each State ‘‘should develop goal-oriented,

performance-based comprehensive highway safety component of its

long-range plan, incorporating education, enforcement, emergency

medical services and highway infrastructure improvements.’’

William Walsh (NHTSA) suggested that Congress and DOT;

‘‘one, streamline the grant program structure to reduce the administrative burden on the States; two, develop performance based programs to encourage States to direct resources to programs with the

most significant safety benefits; three, reward States who make the

most significant strides in improving safety; and four, design a balanced approach that recognizes the complexity of the problems

. . . .’’

Mr. Hamberger (AAR) had ‘‘one major issue before [the EPW]

committee,’’ he wanted to double funding for the section 130 grade

crossing protection and separation program to $300 million. He

noted that there ‘‘are over 400 people a year killed at grade crossing incidents.’’

Ms. Tricia Roberts (National Assoc. of Gov’s Highway Safety

Reps) made five major proposals: 1) States should have the right

to determine how Federal funds are spent within their States; 2)

States should have ‘‘fewer Federal programs to administer;’’ 3)

States need adequate resources to be able to effectively address

safety problems; 4) States need timely, accurate and accessible data

with which to make safety-related decisions; and last, States need

to conduct more research on driver and road-user behaviors.

Brian Holmes (ARTBA) pointed out that ‘‘for every $1 billion of

investments by the public in government-financed road improvements, there has been a prevention of 1,400 premature deaths and

nearly 50,000 injuries.’’ He noted that ARTBA recommends improving safety on rural two-lanes roads with a new $1 billion two-lane

roads initiative; focusing and investing in highway and road construction work zone safety initiatives, where over 1,000 people are

killed and 39,000 are injured each year; and continuing with the

Federal investments in the Federal Roadway Infrastructure Safety

Program.

Wendy Hamilton (MADD) recommends that ‘‘Congress should allocate at least $1 billion annually for the creation of a national

traffic safety fund.’’ She noted that in 2000, ‘‘16,650 people were

killed in alcohol-related traffic accidents.’’ She noted that ‘‘the best

defense against a drunk driver is a seat belt,’’ and that there

should be an increase in the percentage of highway construction
86

funds to be redirected if a State does not comply with the section

154 open container law provision. She also recommended that

States that do not enact section 154 (open container) and 164 (repeat offender) State laws should only be permitted to redirect funds

for impaired driving programs.

D.B. Hill (AGC) proposed that Congress include ‘‘incentives for

States to pursue work zone safety initiatives’’ such as incentives ‘‘to

make widespread use of law enforcement officers and devices such

as photo enforcement and radar.’’ He noted that States ‘‘should be

directed to use positive barriers on high-risk projects . . . ‘‘ He also

pointed out that motorists ‘‘must be aware there are increased dangers in the work zones to themselves and to workers.’’ In addition,

he recommended that work zones be divided into higher and lowerrisk areas with appropriate enforcement and speed limits.

Kathleen Holst (ATTSA) began by stating that ‘‘five times more

people have died on roadways since 1900 than in all our Nation’s

wars’’ and that ‘‘one child in 84 born today will die violently in a

motor vehicle crash.’’ She advocated a $3 billion per year investment in a roadway safety program to aggressively counteract the

‘‘role of the roadway itself in causing death and injury in America.’’

Specially, ATTSA proposes to target risks and problems related to:

older drivers, work zones, intersections, run-off-the-road crashes,

pedestrians and bicyclists, speeding, research and emergency management.’’ Ms. Holst concluded that ‘‘the most important concept is

the idea of creating a dedicated core roadway safety program . . .

[along with] dedicating safety dollars that target low-cost safety improvements, such as wider pavement markings, brighter and more

visible signage, rumble strips and modern guard rails.’’

Transportation and Air Quality, July 30, 2002

TEA–21 and the Clean Air Act include a variety of programs and

provisions that encourage the close collaboration of transportation

and air quality planners, and direct public and private investments

toward projects, systems and technologies to reduce air pollution

coming from the mobile source sector. These include the Congestion

Mitigation and Air Quality improvement program (CMAQ), transportation conformity, and specific performance standards for vehicles, fuels and incentives for clean vehicle development.

Through emission control technology, passenger vehicles have become substantially cleaner than they were prior to 1970. This trend

will continue as new, low-sulfur fuel requirements are phased in

over the next 3–7 years. All new light-duty trucks and sport utility

vehicles (SUVs) will, by 2005, be required to achieve more stringent emissions performance, and by 2010, all new heavy duty diesel buses and trucks will be much cleaner. Past improvements in

emissions performance have been compromised by increases in vehicle miles traveled (VMT), but that VMT effect is projected to be

significantly less in the future. As a whole, mobile source sector

emissions will continue declining into the future, though at a less

rapid rate after 2020. However, as NOx emissions from large stationary sources are reduced under the NOx SIP Call and to attain

the PM–2.5 standard, the mobile source sector’s percentage of its

contribution toward ozone formation and fine particulates in areas

may increase over the next decade.
87

PANEL I

Hon. Mary Peters, Administrator, Federal Highway Administration, U.S. Department of Transportation.

Hon. Jeffrey Holmstead, Assistant Administrator, U.S. Environmental Protection Agency.

Administrator Peters testified that air quality problems linked to

transportation require flexible, multi-level solutions. She described

the benefits of and the working of the CMAQ program, including

the various eligible project types, such as ride-sharing, ITS implementation and emission inspection and maintenance. She also indicated that CMAQ supports experimentation by the States and the

MPOs to meet travel demand in the most environmentally sensitive ways and has encouraged cooperation between transportation

and air quality agencies. Ms. Peters stated that stronger institutional links between transportation and air quality planning agencies have been created, but suggested that air quality models used

in conformity are imprecise and that transportation and air quality

planning cycles could be better synchronized.

Administrator Holmstead testified that the new cars purchased

today are more than 95 percent cleaner than cars purchased 30

years ago. He stated that concentrations of the four criteria pollutants most affected by the transportation sector, carbon monoxide,

nitrogen dioxide, ozone and particulate matter, have all declined

substantially since 1970. He said that in 2004, all new cars, light

trucks, minivans and SUVs will have to meet the same stringent

emission standards. Beginning in 2007, heavy duty diesel trucks

and buses will be required reduce emissions of particulates and

NOx by 90 percent and 95 percent respectively. He said that these

emissions reductions are possible in large part due to requirements

for cleaner gasoline and diesel fuel. Mr. Holmstead said that, within the next 2 years, EPA will be setting the same types of emission

performance standards for non-road diesel engines, such as construction equipment. He testified that cleaner cars and fuels alone

are insufficient to achieve the emissions improvements that are

necessary to attain the national ambient air quality standards.

Transportation conformity and CMAQ are important programs that

help achieve attainment, but could be improved by directing CMAQ

funds to areas that do not attain the PM–2.5 standard.

PANEL II

Mr. Scott Johnstone, Secretary, Vermont Agency for Natural Resources.

Mr. Ron Harris, County Judge, Collin County, Texas.

Ms. Lynn Terry, Deputy Executive Officer, California Air Resources Board.

Mr. James Stephenson, President, Yancy Brothers Company, Atlanta, Georgia.

Mr. Michael Replogle, Transportation Director, Environmental

Defense.

Mr. Scott Johnstone testified that while Vermont is currently attaining the national ambient air quality standards, surface transportation is the largest in-State source of air pollution. He stated

that air toxics contribute significantly to the formation of ground
88

level ozone and, in Vermont, represent an area of air quality where

the State’s standards are not being met. He recommended that

TEA–21 reauthorization legislation should require CMAQ to incorporating fine particulate matter, air toxics, and greenhouse gases

in the allocation and eligibility criteria. Greenhouse gas reduction

goals and incentives could be tracked by monitoring vehicle miles

traveled due to transportation projects. He further recommended

that the committee consider land use effects of transportation

projects, and consider allocating funding that will provide incentives for grid patterns and public transit projects that would improve land use, reduce congestion, improve air quality, and encourage smarter growth.

Mr. Ron Harris testified that efforts under the CMAQ program

have been a significant help in the north Texas area, particularly

with HOV lanes. He recommended that reauthorization legislation

encourage intelligent transportation systems and coordination of

multiple jurisdictions. He encouraged the EPA to continue working

to clean up off-road equipment and recommended that incentives

for diesel retrofits be provided.

Ms. Lynn Terry testified that transportation conformity is critical

to ensure that health based air quality standards are met in the

required timeframe. She stated that the process requires looking at

emissions today as well as in the future, to ensure that we continue

clean air progress as our population and economy grow. She encouraged the committee to consider steps to make the implementation of transportation control measures more flexible. She indicated

that the most difficult problem with the current conformity process

is the inability to take new information into account in a workable

way. She suggested more frequent updating of SIPs and a better

synchronization of transportation plans and SIPs.

Mr. James Stephenson testified that Government agencies must

have more flexibility in administering the conformity process and

the public needs more predictability in the planning process. He

stated that conformity lapses do not occur due to severe clean air

problems, but because of missed deadlines and paperwork problems.

Mr. Michael Replogle testified that over 160 million people still

live in areas of the country with poor air quality. He said that people living near big roads can face cancer risks as high as 1 in 500

from air toxics. He stated that transportation conformity has only

really begun to be implemented as many ozone attainment SIPs

were adopted only last year. He testified that Congress’ requirement that transportation decisions must conform with SIPs has improved air quality accounting and spurred investments in cleaner

fuels, vehicles and maintenance, and encourage transportation

choices and smart growth that cuts traffic and pollution. He recommended that reauthorization legislation should increase funding

for CMAQ dramatically, ensure that frequency of conformity determinations supports timely attainment of air quality standards and

encourage easy adoption of transportation control measures.
89

Subcommittee on Transportation, Infrastructure, and Nuclear Safety Hearing Western Transportation Issues Reno, Nevada, August 8, 2002

The Subcommittee conducted a field hearing in Reno, NV, to examine the State of Nevada’s transportation needs and review the

Federal Lands Highway Program. The greater part of all Federal

and tribal lands is located in the 13 western-most States.

In his opening statement, Subcommittee Chairman Reid stated

that Southern Nevada’s explosive growth over the last decade presented unique opportunities and challenges for the State’s transportation officials. Senator Reid also pointed out that no State has

a higher percentage of Federal land than Nevada. Of Nevada’s land

mass, 87 percent is Federal land.

PANEL I

Hon. Mary Peters, Administrator, Federal Highway Administration, U.S. Department of Transportation.

Administrator Peters gave a brief outline of the Federal lands

program. She stated that from fiscal years 1998 to 2002, about 66

percent of the Federal lands highway funds allocated went to

projects located in the 13 western-most States. Administrator Peters and Chairman Reid also discussed the completion of the Hoover Dam Bypass and the importance of this project to the movement of goods and people in Southern Nevada and accross the

southwestern United States.

PANEL II

Hon. Tom Stephens, Director, Nevada Department of Transportation, Carson City, NV.

Mr. Greg Krause, Executive Director, Washoe County Regional

Transportation Commission, Reno, NV.

Mr. Juan Palma, Executive Director, Tahoe Regional Planning

Agency, Zephyr Cove, NV.

Mr. Gary Carano, Nevada Resort Association, Reno, NV.

Mr. Stephens highlighted the importance of considering the western perspective in this reauthorization cycle. ‘‘One size does not fit

all, and the west is considerably different than the rest of the country.’’ He pointed out that Nevada is the fastest growing State in the

union, growing 66 percent over the last decade. While congestion

continues to be an issue, Nevada is not ignoring is maintenance responsibilities. The State will spend more than half of its construction dollars on maintenance.

Mr. Palma testified of the State’s continued efforts to preserve

the ‘‘national treasure’’ of Lake Tahoe. Millions have been spent to

improve roads around the lake and improve stormwater runoff collection.

Mr. Krause testified about Washoe County’s efforts to improve

mobility through increased investment in transit and improved system operations through the use of intelligent transportation systems. Mr. Krause also spoke a the State’s responsibility to ‘‘take on

our burdens and shoulder our share at the local level.’’ As part of

this process, Mr. Krause spoke of a ballot initiative to allow for the

indexing of local gas taxes to inflation.
90

Mr. Carano spoke of the importance of a well-maintained transportation system and its relationship to Nevada’s thriving travel

and tourism industry. Mr. Carano specifically mentioned the importance of maintaining Interstate 80 for the Northern Nevada

economy.

PANEL III

Hon. Bruce Warner, Director, Oregon Department of Transportation, Salem, OR.

Hon. John H. Milton, Commissioner, Humboldt County,

Winnemucca, NV.

Ms. Robyn Burdette, Chairwoman, Summit Lake Paiute Tribe,

Winnemucca, NV.

Mr. Warner talked about the importance of the Federal lands

program in the West. He also discussed at length the need to find

new methods of financing transportation in the future. He encouraged Congress to create a ‘‘pilot study that would promote research

and testing of new methods for financing transportation.’’

Mr. Milton highlighted Humboldt County’s difficulty in funding

road projects given because over 70 percent of Humboldt County’s

transportation system serves Federal lands which do not generate

revenue.

Ms. Burdette testified of the importance of the Indian Reservation Road program and called for increased program funding. She

expressed the Nevada tribes’ interest in continuing and enhancing

their partnership with the State of Nevada. She also addressed the

problem of rural road safety and the need for a targeted safety program for Indian Reservation Roads.

Examination of the Unique Transportation Needs of Small Town

and Rural America, Montpelier, Vermont, August 20, 2002

This field hearing focused on the unique transportation needs of

Rural America. Witnesses brought a national and northeastern regional perspective to the topic.

PARTICIPANTS

Honorable Michael Jackson, Deputy Secretary, U.S. Department

of Transportation, Washington, DC.

Honorable Brian Searles, Secretary, Vermont Agency of Transportation, Montpelier, VT.

Mr. Raymond S. Burton, Executive Councilor, Woodville, NH.

Honorable Richard Pembroke, Chairman, Vermont House Committee on Transportation, Bennington, VT.

Hon. Richard Mazza, Chairman, Vermont Senate Committee on

Transportation, Colchester, VT.

Mr. Thomas Adler, Northeast Transportation Institute and Museum, White River, Junction, Vermont

Ms. Debra Ricker, Associated General Contractors of Vermont,

Barre, VT.

Mr. Paul Bruhn, Preservation Trust of Vermont, Burlington, VT.

Mr. Matthew Sternberg, Executive Director, Rutland Redevelopment Authority, Rutland, VT.
91

Secretary Jackson established the importance of the hearing,

stating: ‘‘The rural community has very, very strong and pronounced needs to access transportation in this country. 21 percent

of the population lives in rural communities, and 18 percent of the

jobs, and many of those people don’t have access to transportation

to get to their jobs when they must leave their home.’’

Vermont Transportation Secretary Brian Searles offered testimony on behalf of the American Association of State Highway and

Transportation Officials (AASHTO), and pointed to the disproportionate highway safety challenges in rural America, stating, ‘‘rural

two-lane safety is a concern for AASHTO members. The General

Accounting Office recently reported that although 40 percent of all

vehicle miles are traveled on rural roads, 60 percent of traffic fatalities in 1999 occurred on rural roads. Funding should be increased to improve safety of rural roads, both State and local.

AASHTO urges that the highway program be increased over 6

years to $41 billion annually. From this, an additional $1 billion

annually should be dedicated to safety.’’

The State officials appearing before the committee each expressed the need for increased funding, especially to ensure proper

maintenance of the Interstate System. Vermont’s Secretary Searles

observed, ‘‘parts of our interstate system are 40 years old and need

repair. A recent needs assessment of Vermont’s 320 miles of Eisenhower Interstate System showed that an investment of $74 million

was needed just to bring the system up to Federal standards. Simply put, we cannot afford that kind of investment and meet our

other commitments/needs on our national highway systems and

State highway systems.’’

Senator Mazza concurred, ‘‘Our economy relies heavily on interstate trade and travel. Interstate 89 and 91 are the lifeline for

much of the State. We face enormous reconstruction and repair

costs on our interstate. Vermont’s northern border with Canada

has felt the effects of NAFTA and its attendant growth in freight

movement. International freight also moves through Vermont from

neighboring New York. Replacement of the Missisquoi Bridge, at a

staggering cost by Vermont standards, is essential to support our

international trade.’’

Speaking on behalf or the Associated General Contractors, Debra

Ricker argued for greater emphasis on asset management to address the maintenance challenge faced by rural areas: ‘‘To properly

account for infrastructure assets, governments must develop an

asset management plan which at a minimum should identify the

condition of pavements, structures, and facilities. That plan should

include deterioration rates for those assets so that a determination

can be made for the annual funds necessary to maintain those assets at a recommended level of performance. This whole issue of

asset management is important to getting the optimum level of results from our expenditures while maintaining our infrastructure.

In short, getting the biggest bang for the buck.’’

Witnesses endorsed features of the current program. Representative Pembroke talked about the value of the planning: ‘‘The toughest part of my job as chairman (of the Vermont House Transportation Committee) is distributing dollars among the many competing transportation needs in Vermont. Looking back, I think that
92

we have been able to do that in a fair and a productive way, and

we have used the planning provisions of the Federal law to get the

job done. The direction of the law to emphasize planning from the

bottom up has definitely been the right decision . . . As a result

of the success of the project manager system which we directed the

agency to institute, and taking advantage of the advanced construction provisions of the Federal law, I leave my chairmanship with

enough shelf projects to consume a year’s worth of Vermont Federal appropriation.’’

Paul Brauhn spoke in support of the benefits provided by the enhancements program and design flexibility for rural areas and

small towns in America: ‘‘I’d like to emphasize how important the

enactment of ISTEA has been in encouraging a real transformation

within State agencies of transportation nationwide. There’s been a

broadening of their mission from the important one of building

roads for safe and efficient movement of cars and trucks to acknowledging the significant impact that transportation projects

have on people and communities . . . the new design standards

which were enabled by this new policy within the new Federal policy that allowed the States to develop new design standards. We’ve

done that here in Vermont; it’s been very successful. It hasn’t

solved all of our problems or all of the concerns, but it’s provided

a vehicle for a flexible system for providing transportation, meeting

community needs, and not overwhelming some of our communities.’’ Regarding the enhancement program, Brauhn said: ‘‘It’s

been one of ISTEA’s truly outstanding success stories. To make use

of the program’s 12 activities to improve the esthetics and amenities associated with travel on the highways and also to build new

and better partnerships with State transportation agencies.’’

Joint Subcommittee Hearing on Freight and Intermodal Transportation, September 9, 2002

The Senate Committee Environment and Public Works’ Subcommittee on Transportation, Infrastructure, and Nuclear Safety

and the Committee on Commerce, Science, and Transportation’s

Subcommittee on Surface Transportation and Merchant Marine

held a hearing on September 9, 2002 to learn about freight movement in the United States and how goods move between the modes

as it moves from its origin to its destination.

PANEL I

Mr. Jeffery Shane, Deputy Secretary for Policy, United States

Department of Transportation.

Ms. JayEtta Hecker, Director of the Infrastructure Group, United

States General Accounting Office.

In his testimony, Mr. Shane provided an overview of freight

movement in the United States. He testified that in 1998 the

United State transportation system carried nearly 4 trillion tonmiles of freight valued at over $9 trillion. By the year 2020, forecasters predict that the US transportation system will handle cargo

valued at over $28 trillion. In order to accommodate such a dramatic growth in the movement of goods, the administration would

try to do the following during reauthorization: (1) preserve funding

flexibility to allow the broadest application of funds to transpor-
93

tation solutions; (2) Strengthen the efficiency and integration of the

Nation’s system of goods movement by improving international

gateways and points of intermodal connection; (3) focus more on

the management and performance of the system; (4) develop the

data and analyses critical to sound transportation decisionmaking;

(5) foster the development and deployment of technology to support

intermodal freight security, productivity, and safety; and (6) expand and improve innovative financing programs in order to encourage greater private investment in the transportation system.

Maritime transportation was the focus of Ms. Hecker’s testimony.

She recommended the establishment of nation goals as the related

to maritime transportation and that a clearly defined Federal role

relative to other stakeholders. She also called for a mechanism to

determine funding tools and other approaches that will maximize

the impact of any Federal investment.

PANEL II

Ms. Katie Dusenberry, Chairperson, Arizona Department of

Transportation Board.

Mr. Michael Wickman, Chairman and CEO, Roadway Express.

Mr. Edward Hamberger, President, Association of American Railroads.

Mr. Rick Larrabee, Director, Port Commerce at the Port Authority of New York and New Jersey.

Mr. Michael Huerta, Senior Vice President and Managing Director, ASC State and Local Solutions.

Mr. John Caruthers, Jr., Chairman, I–69 Mid-Continent Highway Coalition.

Ms. Dusenberry testified about the conditions surrounding the

movement of goods and people in and around the Hoover Dam

area. The Hoover Dam is very important for its management of

water resources and its generation of electrical power but its critical role it plays in transportion. Traffic moves over the dam as a

bridge connecting the States of Arizona and Nevada. Since 9/11/01,

the road on the Hoover Dam has been closed to commercial trucking causing 2,100 trucks per day to take at least a 23 mile detour.

She recommended that the committees provide funding to complete

work on a new bridge span at the Hoover Dam.

Mr. Wickman’s testimony provided insight in the movement of

goods through motor vehicles. He testified that nearly 60 percent

of goods moving through America’s border are moved by truck. As

freight movement in America increases, there will be a greater

number of trucks moving on our nation’s roadways. Congress needs

to ensure that there are safe, effective, and efficient procedures in

place to screen freight moving in and around our country. Our nation’s economy depends on goods getting to the appropriate location

on time. Without improvements in process and technology, we will

not be able to keep pace.

Mr. Hamberger’s testimony highlighted the growing role of rail

in the movement of goods in America. Through the use of intermodal containers that allow goods to easily move between rail and

trucks, the rail industry has been able to see a steady increase in

the number of units of freight they move. Mr. Hamberger provided

nine recommendations that the freight stakeholder coalition is uni-
94

fied behind. These are: (1) protecting the integrity of the Highway

Trust Fund; (2) dedicating fund to the NHS intermodal connectors;

(3) establishing a national freight industry advisory group; (4) creating and funding a Freight Cooperative Research Program; (5) expanding freight planning expertise at the State and local levels; (6)

developing ways to increase available funds without new user fees

and taxes; (7) significantly increase funds for an expedited corridor/

border and gateway program; (8) streamlining environmental permitting for freight projects; and (9) increasing funding and promote

the use of CMAQ for freight projects.

Mr. Larrabee described the operations of the Port Authority of

New York and New Jersey. In doing so, he made seven points for

the consideration of the committees. These are: (1) there is a need

for continued attention to the maritime transportation system; (2)

congestion and other bottlenecks to efficient transportation need to

be addressed; (3) the Nation must work for improvements in the

transportation system to accommodate the expected increases in

freight movement; (4) Congress must look at all modes include

water bourn transportation to handle the volume of goods that are

being moved; (5) continued support of the use of CMAQ for freight

and programs such as the Borders/Corridors Programs is needed;

(6) improvements to freight corridors can also have tremendous

benefits to the traveling public; and (7) the use of intelligent technology has proven very worthwhile and its use should be promoted.

Mr. Huerta’s testimony provided an overview of how the Borders

and Corridors program authorized in TEA–21 has worked. He testified that while the concept of the program was sound, the program

has fallen short of its intended goals. Congress should provide more

funding to make these programs work effectively and reduce the

earmarking of these programs during the annual appropriations

process.

Mr. Caruthers, discussed the I–69 corridor. The I–69 corridor

was designated as a congressional High Priority Corridor in both

ISTEA and TEA–21. While there are several segments of this roadway that are complete, many portions of the roadway are not in

place. Completion of the Corridor 18 portion of I–69 is projected to

save 3100 lives, avoid 158,00 injuries, and 409,000 property damage accidents. Congress should provide more funding to the Borders and Corridors program so State can work together to complete

vital trade routes such as I–69.

Project Delivery and Environmental Stewardship, September 19,

2002

The term ‘‘Project Delivery’’ refers to the myriad steps required

to complete transportation projects. As congestion has emerged as

a priority concern across the country, timely completion of transportation projects have taken on greater urgency. A number of

transportation stakeholders, including State Departments of Transportation and State resource agency officials, have begun to approach Project Delivery, and the environmental component of that

process, as an opportunity to create broad benefit for communities

and the environment. Senator Smith and his staff explored this

more affirmative notion of Environmental Stewardship and identified examples of best practices from around the country. At this
95

hearing, State and local officials and practitioners described their

efforts to both streamline and improve the outcomes of the environmental process. Although the witnesses often emphasized different

techniques for accomplishing the shared goal of designing and completing transportation projects without sacrificing the environment,

they discussed many of the same approaches.

PANEL I

Mr. Emil Frankel, Assistant Secretary for Transportation Policy,

U.S. Department of Transportation Washington, DC.

Mr. John Suarez, Assistant Administrator, Office of Enforcement,

Compliance, and Assurance U.S. Environmental Protection Agency,

Washington, DC.

Mr. Kenneth Mead, Inspector General, U.S. Department of

Transportation, Washington, DC.

Ms. Kate Siggerud, Acting Director of Physical Infrastructure

Issues, General Accounting Office Washington, DC.

PANEL II

Ms. Carol Murray, Commissioner, New Hampshire Department

of Transportation, Concord, NH.

Mr. Kenneth Morefield, Assistant Secretary for Planning and Engineering, Florida Department of Transportation, Tallahassee, FL.

Ms. Emily Wadhams, State Historic Preservation Officer,

Vermont Department of Housing and Community Affairs, Montpelier, VT.

Mr. Hal Kassoff, Vice President of Highway Programs, Parsons

Brinckerhoff, Washington, DC (on behalf of the American Council

of Engineering Companies).

Mr. Charles Hales, Transit Planning Principal, HDR Inc., Portland, OR.

Emil Frankel pointed out in his testimony, ‘‘Issues confronted in

one project will often vary substantially from those in another

seemingly similar project The nature and complexity of the issues

mean that blanket solutions have proved very elusive.’’ Many of the

witnesses highlighted examples of innovative processes around the

country that have improved project delivery while successfully promoting environmental stewardship. Ken Morefield described Florida’s ‘‘Efficient Transportation Decision Making Process’’ (ETDM).

Mr. Morefield testified that the ETDM process in Florida accomplishes the directives of Section 1309 of TEA–21 and the National

Environmental Policy Act. While this program of task forces, technological innovation, and early stakeholder and public involvement

has helped Florida improve its transportation planning and construction process, Mr. Morefield reminded the committee that Florida DOT does ‘‘not promote it as one that will fit every State.’’ He

does not advise ‘‘one-size-fits-all’’ approach to project delivery and

environmental stewardship.

Emily Wadhams discussed Vermont’s innovative approach to expediting historic preservation reviews of transportation projects.

Vermont developed a Programmatic Agreement (PA) that creates

an alternative review process for transportation projects under Section 106 of the National Historic Preservation Act. This innovative
96

approach arose from the understanding that the Agency of Transportation (AOT) and the State Historic Preservation Office (SHPO)

share two mutual goals: to improve project delivery and to preserve

the State’s historic resources. Under the PA, ‘‘the State Historic

Preservation Officer has delegated the review and sign-off authority to qualified historic preservation professionals within the

Vermont AOT for all State and Federal transportation undertakings.’’ The agreement uses qualified historic preservation professionals within AOT to provide the appropriate level of consideration for historic and archeological resources in transportation

project planning. AOT and SHPO staff worked collaboratively to

determine exactly how the review process would work under the

PA. They developed the PA Manual, which ‘‘clarified or developed

procedures and other guidance to define how resources should be

evaluated and treated in the Section 106 process.’’

While many of the hearing witnesses identified unique, Statespecific efforts to improve project delivery and environmental stewardship, some recommendations were reiterated throughout the

hearing: early public and stakeholder involvement in project planning; improved interagency cooperation, including resource agency

involvement during project planning and design phases; additional

funding and technical assistance from FHWA to facilitate streamlining and stewardship efforts in the States; and development and

use of new technologies to better integrate resource and community

needs into a comprehensive planning process.

While the committee heard some consistent recommendations

from witnesses, the question of project delivery also inspires disagreement among practitioners, stakeholders, advocates, and elected officials. Senator Wyden stated his commitment to working

within the confines of current law: ‘‘I am prepared, as long as I’ve

got any breath in this body, to stay at it administratively to try

and get it right.’’ Senator Baucus, on the other hand, ‘‘would like

to see us specifically legislate environmental streamlining no waiting for regulations or more Executive Orders. Congress needs to be

clear about what they need to see and put it into law.’’

Charlie Hales testified, ‘‘Environmental review requirements,

well integrated and well administered, help assure that good

projects are advanced with public support, avoiding adverse impacts and mitigating unavoidable impacts. This translates into

public acceptance and smoother permitting.’’ Hal Kassoff presented

an opposing view, ‘‘Those who argue that the environmental review

process is not a significant cause of delay and that funding constraints and mismanagement are the real problems, are distorting

reality.’’

Concern over project delivery is not a new issue. As the witnesses described, TEA 21 included provisions to expedite project

delivery. For most observers, timeliness has been the principal concern. Today, it can take from 9 to 19 years to go from concept to

completion on a major project. The Project Delivery and Environmental Stewardship hearing presented the committee with a myriad of identified challenges and potential solutions to a complex

and contentious issue.
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Innovative Financing: Beyond the Highway Trust Fund, September

25, 2002

PANELISTS

Hon. Phyllis Scheinberg, Deputy Assistant Secretary for Budget

and Programs, U.S. Department of Transportation, Washington,

DC.

Hon. Janice Hahn, Councilwoman, city of Los Angeles, Los Angeles, CA.

Hon. Peter Rahn, Secretary, U.S. Department of Transportation,

Sante Fe, NM.

JayEtta Hecker, Director of Physical Infrastructure Issues, General Accounting Office, Washington, DC.

John Horsely, Executive Director, American Association of State

Highway and Transportation Officials.

Jeff Carey, from Merrill Lynch, New York, NY.

David Seltzer, from Mercator Advisors, Philadelphia, PA.

In summary, the witnesses reinforced the need to diversify transportation finance. They define terms, provided methods for evaluating alternative approaches and cited recent examples of the successful application of innovative financing techniques.

Secretary Scheinberg highlighted the Administration’s perspectives as follows, ‘‘We see the primary objectives of innovative finance as leveraging Federal resources, improving utilization of existing funds, accelerating construction timetables, and attracting

non-Federal investment in major projects. She highlighted three

major innovative finance programs: the Transportation Infrastructure Finance and Innovation Program, or TIFIA, Grant Anticipation Revenue Vehicles, or GARVEE bonds, and State Infrastructure

Banks, or SIBs.

She noted that the use of TIFIA, GARVEEs and SIBs are moving

from innovative to mainstream which is an indicator of success, but

it does not means that the needs of project finance have been completely met.

David Seltzer advised the committee members on fundamental

considerations when evaluating finance policy options: ‘‘Your two

committees have at their disposal, really, three approaches that

may be used to advance infrastructure projects: regulatory incentives, Tax Code incentives, and credit incentives.’’ He stated that

for any of these tools to be successful, three groups of stakeholders

have to be satisfied simultaneously: project sponsors, the investor

and the Federal policymaker. In response to a comment by Senator

Jeffords about identifying new sources of investments, Mr. Seltzer

noted the a possible new investor in transportation financing would

be pension funds which represent some $3.6 trillion in assets. At

this point there are virtually no U.S. transportation projects in

their portfolios. The principal reason for this is that the primary

financing vehicle of tax-exempt bonds does not appeal to tax-exempt entities such as pension funds. However, something like tax

credit bonds, where the principal could be sold to, say, a pension

fund and the tax credits decoupled and sold to other investors may

be marketable.

Jayetta Hecker drew on recent General Accounting Office studies

to advise the members on limitations and cautions regarding the
98

use of innovative finance tools: ‘‘The limitations on the use of these

tools are real. The biggest one, of course, is States’ willingness and

authority. You have a lot of States that are very cautious about

debt financing and financing projects in a manner other than on a

pay-as-you-go basis. There is also a skill issue. This is a brand-new

kind of skill, financing and bond market specialists. It is very different than highway engineering. Also, it is mostly affected by legislators at the State level or the local level and their willingness

to look at these different tools. There are also limitations in Federal and State law. The application of TIFIA is limited to projects

costing over $100 million. Only 5 States are allowed to use TEA–

21 funds to capitalize their SIBs. Then there are State laws that

restrict public/private partnerships and, of course, there are Federal tax policies on private activity bonds. So, there are a whole

range of factors that are really behind some of the limitations in

the extensive application of these new tools.

Janice Hahn described successful efforts to apply the innovative

finance concepts through the Alameda Corridor Transportation Authority (ACTA) : ‘‘ACTA consolidated four branch lines serving the

ports into a 20-mile freight rail expressway that is completely

grade separated, including a 10-mile long 30-foot trench that runs

through older, economically disadvantaged industrial neighborhoods south of downtown Los Angeles. The linchpin of ACTA’s

funding plan was designation of the Alameda Corridor as a highpriority corridor in the 1995 National Highway System’s Designation Act. That designation cleared the way for Congress to appropriate $59 million needed to back the $400 million loan to the

project from the U.S. Department of Transportation. That was the

leverage, if you will, for the biggest piece of our financing package,

more than $1.1 billion in proceeds from revenue bonds sold by

ACTA. The bond and the Federal loan are being retired by corridor

use fees and paid by the railroads. The funding breaks down roughly like this: 46 percent from ACTA revenue bonds, 16 percent from

the U.S. DOT loan, 16 percent from the ports, 16 percent from

California’s State and local grants, much of it administered by the

L.A. County Metropolitan Transportation Authority, and 6 percent

from other sources.’’

TEA–21 Reauthorization: Conditions and Performance of The Federal-Aid Highway System, September 30, 2002

PANEL I

Hon. Senator Robert C. Byrd, West Virginia.

Senator Byrd discussed the Appalachian Developmental Highway

System. While significant progress has been made, there is still 20

percent of the system to be completed. This last 20 percent will be

the most costly due to the extreme topographical conditions of the

remaining segments. Senator Byrd asked that the committee reauthorize the Appalachian Development Highway System to fund the

program at $4,467 billion. This would provide the funding necessary to complete the remaining segments of the system as estimated by the Appalachian Commission.
99

PANEL II

Hon. Mary Peters, Administrator, Federal Highway Administration.

Mr. Joseph Perkins, Commissioner, Alaska Department of Transportation and Public Facilities.

Ms. JayEtta Hecker, Director, Infrastructure Group at the

United States General Accounting Office.

In her testimony, Administrator Peters provided an overview of

the Federal Highway Administration’s Condition and Performance

Report which assesses the physical condition and operating characteristics of our nation’s roads, bridges, and transit systems. Administrator Peters provided some highlights of the findings of the report. She highlighted that the significant investments brought by

TEA–21 has improved the physical condition and safety of our

roads, bridges, and transit system. However, operational performance measured by congestion-worsened throughout the country.

Mr. Perkins provided the committee with an overview of the

American Association of State Highway and Transportation Officials ‘‘Transportation Invest in America’’ commonly referred to as

the ‘‘Bottom Line’’ report. Mr. Perkins made four key points regarding the report. These are: (1) An annual capital investment level

of $92 billion by all levels of government for highways and bridges

is necessary to maintain both the physical condition and performance of the system over the next 20 years; (2) An annual capital

investment of $125.6 billion by all levels of government for highways and bridges is necessary to improve both the physical condition and performance of the system over the next 20 years; (3) An

annual capital investment of $18.9 billion is required between 2004

and 2009 from all levels of government just to maintain the existing physical condition and service performance of the nation’s transit systems; and (4) An annual capital investment of $43.9 billion

is required to improve the current physical condition and service

performance of the nation’s transit systems.

Ms. Hecker testified about the General Accounting Office’s examination of the challenges and strategies for enhancing mobility. Her

key findings were: (1) Congestion is beginning to overwhelm the

transportation system; (2) More work is needed to ensure access to

transportation for certain underserved populations and to achieve

a balance between enhancing mobility and giving due regard to environmental and other social goals; (4) There is no one solution for

the mobility challenges facing the Nation; and (5) There needs to

be a broad range of strategies to tackle our nation’s mobility challenges. These include focusing on the entire surface transportation

system regardless of mode, using a full range of techniques to

achieve mobility outcomes, and provide more options for financing

mobility improvement regardless of the mode.

PANEL III

Mr. Gordon Proctor, Director, Ohio Department of Transportation.

Mr. Thomas Jackson, President, American Society of Civil Engineers.
100

Dr. William Buechner, Vice-President of Economic and Research

for the American Road and Transportation Builders Association.

Mr. Proctors’s testified on the state of the highway network in

Ohio. Ohio is experiencing trends that reflect conditions around the

country. In the past 25 years, truck volumes have increased 89 percent on the interstate highways. Mr. Proctor recommended four

ways to address the worsening condition and performance of the

nation’s roadways: (1) basic core highway programs should not be

diluted because they are the backbone for maintaining our highway

system; (2) as the interstates approach 50 years in age, do not treat

them as historical artifacts subject to historical preservation requirements; (3) Congress needs to recognize that the Nation needs

to restore capacity at critical bottlenecks; and (4) a national commission is needed to evaluate the future of our interstate system.

Mr. Jackson’s testimony highlighted the key findings of the

America Society of Civil Engineer’s ‘‘Report Card for America’s Infrastructure’’. In 2001, ASCE gave the nation’s infrastructure a

grade of ‘‘D+’’. Roads received a grade of ‘‘D’’, bridges ‘‘C’’ and transit ‘‘C-’’. These grades show slight improvement from the first report card given by ASCE before the reauthorization of TEA–21. Mr.

Jackson recommended that Congress use the following concepts to

guide its reauthorization process: (1) expand infrastructure investment; (2) enhance the delivery of infrastructure; and (3) maximize

infrastructure

Dr. Buechner, discussed the reauthorization principles of the

American Road and Transportation Builders Association. ARTBA

would like to see implementation of its ‘‘Two Cents Makes Sense’’

Proposal. Under this plan, revenues would be generated to double

the annual Federal investment in highways to $60 billion and mass

transit-to almost $14 billion by fiscal year 2009.

LEGISLATIVE HISTORY

A House / Senate Conference was called to order on June 9, 2004

to consider H.R. 3550 as amended by the Senate to reauthorize the

Federal-aid highway program through 2009. The conference held

four meetings but were unable to reach a conclusion prior to the

adjournment of the 108th Congress. On March 16, 2005, the Environment and Public Works Committee considered the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of

2005 and voted to report this measure, as an original bill, to the

full Senate for consideration of the Federal-aid highway program

through 2009.

In addition to the hearings held in the 107th Congress, listed

above, hearings were held in the 108th Congress as follows: February 7, 2003, on the Department of Transportation’s highway

budget for fiscal year 2004; and four field hearings: held on April

7, 2003, in Chicago, IL, on April 14, 2003, in Palmer, AK, on August 11, 2003 in Brownsville, TX, and on August 14, 2003 in Medford, OR.
101

ROLLCALL VOTES

The Senate Committee on Environment and Public Works met to

consider the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 on March 16, 2005.

During consideration of the measure, the following amendment

was agreed to by a voice vote: an amendment offered by Senator

Clinton to rename a portion of Interstate route 86 near Corning,

NY, after former Congressman Amo Houghton. Disgareed to by a

voice vote: an amendment offered by Senator Lautenberg regarding

contributions to political campaigns.

Disagreed to by roll call vote: an amendment offered by Senator

Clinton, as amended by a second-degree amendment by Senator

Lieberman, to increase the minimum amount a State’s funding can

grow to 15% if the overall contract authority in the bill is greater

than $189,871,080,648 by a vote of 5 ayes, 13 nays. Voting against

the amendment were Senators Inhofe, Baucus, Bond, Boxer,

Chafee, DeMint, Isakson, Jeffords, Murkowski, Thune, Vitter,

Voinovich, and Warner. Voting for the amendment were Senators

Carper, Clinton, Lautenberg, Lieberman, and Obama.The measure

was ordered reported to the Senate, as amended, by a vote of 17

ayes, 1 nay. Voting to report the bill were Senators Inhofe, Baucus,

Bond, Boxer, Carper, Chafee, Clinton, DeMint, Isakson, Jeffords,

Lautenberg, Murkowski, Obama, Thune, Vitter, Voinovich, and

Warner. Voting nay was Senator Lieberman.

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing

Rules of the Senate, the committee makes the following evaluation

of the regulatory impact of the reported bill. The regulatory impact

of the reported bill is expected to be minimal. This will not have

any effect on the personal privacy of individuals.

Other than current regulations and those regulations affecting

the eligibility and use of funds provided in this bill, the provisions

having a regulatory impact of significance are sections 1408, 1513,

1514, 1615, 1618, and 1619. Section 1408 directs the Secretary to

promulgate regulations requiring workers near a Federal-aid highway to wear high-visibility clothing, and to require any other worker-safety measures that the Secretary deems necessary to minimize

worker injuries and maintain the free flow of vehicular traffic.

Section 1513 establishes a pilot program for not more than five

States to assume the Secretary’s responsibility for environmental

review for a project. A State wishing to participate in the pilot

must submit a detailed application. This section includes minimum

application requirements and a directive to the Secretary to promulgate, within 270 days of enactment, regulations establishing

complete application requirements consistent with the section.

Section 1514 directs the Secretary of Transportation to promulgate, within 1 year of enactment, regulations necessary to implement the transportation planning provisions in sections 1501–5

and the project delivery provisions in sections 1511–13. These provisions call for enhanced consideration of environmental concerns

during the planning process and establish a process for completing

the environmental review process faster and more efficiently.
102

Section 1615 directs the Secretary of Transportation promulgate

regulations, within 18 months, adjusting the application of the latest travel models. The new regulations must ensure that travel

models can account for the effects of the most recent population,

economic, employment, travel, transit ridership, congestion, and induced travel demand.

Section 1618 directs the Administrator of the EPA to promulgate

proposed regulations by March 1, 2005 and final regulations within

1 year, governing the handling of air quality monitoring data influenced by exceptional events. These regulations will allow Governors to petition EPA to exclude air quality data directly due to

exceptional events such as forest fires or volcanic eruptions.

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995

(Public Law 104–4), the committee finds that S. 1072 would impose

no Federal intergovernmental unfunded mandates on State, local,

or tribal governments. All of its governmental directives are imposed on Federal agencies. The bill does not directly impose any

private sector mandates.

COST OF LEGISLATION

Section 403 of the Congressional Budget and Impoundment Control Act requires that a statement of the cost of the reported bill,

prepared by the Congressional Budget Office, be included in the report. That statement follows:

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Safe, Accountable, Flexible, and Efficient Transportation Equity Act

of 2005, as ordered reported by the Senate Committee on Environment and Public Works on March 16, 2005.

Summary

Assuming appropriation action consistent with the funding levels

specified in the bill, and assuming the appropriation of amounts

necessary to complete highway and environmental studies and regulations required by the bill, CBO estimates that implementing the

legislation would cost $128.8 billion over the 2005-2010 period.

CBO also estimates that enacting the bill would increase direct

spending by about $45 million over the 2005-2010 period and by

about $90 million over the 2005-2015 period. Finally, the Joint

Committee on Taxation (JCT) estimates that enacting the bill

would reduce revenue collections by $47 million over the 2005-2010

period and by $137 million over the 2005-2015 period.

The legislation would extend the authority for the Federal-Aid

Highway program. For this program, the bill would provide about

$187.2 billion of contract authority (a mandatory form of budget

authority) over the 2005-2009 period, and it would authorize the

appropriation of about $2.1 billion over the same period. The bill

also would require the Department of Transportation (DOT) and

the Environmental Protection Agency (EPA) to complete certain
103

studies and regulations concerning highway construction, safety,

planning, and environmental quality.

Consistent with the Balanced Budget and Emergency Deficit

Control Act, CBO assumes for this estimate that the contract authority for the Federal-Aid Highway program would continue at the

same rate provided immediately before the program would expire

at the end of 2009. Hence, this estimate includes an additional $3.2

billion in contract authority in each year over the 2010-2015 period.

The bill would make several changes to current law that would

affect direct spending. The legislation would increase contract authority for the Federal-Aid Highway program, provide DOT the authority to spend certain fees, and provide DOT the authority to

share monetary judgments pertaining to fraud in the federal highway and transit programs with state and local agencies.

JCT estimates that enacting the bill would result in lower revenue collections by expanding the State Infrastructure Banks program and by changing the eligibility requirements of the Transportation Infrastructure Finance and Innovation Act (TIFIA) program.

Under current law, five states can use grants from the Federal-Aid

Highway program to fund a state infrastructure bank. The legislation would extend that authority to all states and would change the

TIFIA program by making smaller projects eligible for credit assistance. Both provisions would decrease revenue collections by increasing the use of tax-exempt bonds.

The provisions of the bill reviewed by CBO contain an intergovernmental mandate as defined in the Unfunded Mandates Reform

Act (UMRA) by requiring states to use public and commercial data

to verify an applicants’ identity and meet additional minimum

standards to be established by the Secretary before issuing licenses

to commercial drivers. Based on information from state representatives and industry sources, CBO estimates that the costs for states

to comply with those requirements would be well under the threshold established in UMRA ($62 million in 2005, adjusted annually

for inflation).

Other costs to state or local governments would result from complying with conditions of federal assistance. In general, however,

the bill would benefit states by reauthorizing federal highway programs.

The bill contains no new private-sector mandates as defined in

UMRA.

Estimated Cost to the Federal Government

The estimated budgetary impact of the legislation is shown in

Table 1. The costs of this legislation fall within budget function 400

(transportation).

Basis of Estimate

For this estimate, CBO assumes that the bill will be enacted by

May 31, 2005, when the current authority for most surface transportation programs expires. We also assume that future appropriation actions will be consistent with the funding levels authorized in

the bill. For example, we assume that the appropriations already

enacted for 2005 will be amended by supplemental appropriation

actions to bring this year’s funding in line with the bill’s authorized
104

levels. Estimates of outlays are based on historical spending patterns of the Federal-Aid Highway program.

TABLE 1. SUMMARY OF BUDGETARY EFFECTS OF THE SAFE, ACCOUNTABLE, FLEXIBLE, AND

EFFICIENT TRANSPORTATION EQUITY ACT OF 2005

By Fiscal Year, in Millions of Dollars

2005 2006 2007 2008 2009 2010

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level1 ........................................ 401 421 426 433 447 0

Estimated Outlays ............................................................ 8 9,952 25,081 31,787 35,157 26,799

CHANGES IN DIRECT SPENDING

Estimated Budget Authority ............................................. 711 39 310 1,693 3,215 3,215

Estimated Outlays ............................................................ 0 9 9 9 9 9

CHANGES IN REVENUES

Estimated Revenues2 ....................................................... –1 –3 –6 –9 –13 –16

1Under current law, most budget authority for the Federal-Aid Highway program is provided as contract authority, a mandatory form of budget authority. Most outlays that result from the contract authority, however, are subject to obligation limitations contained in appropriation

acts and are therefore discretionary. The legislation would provide contract authority for the Federal-Aid Highway program. CBO assumes ap- propriation action will continue to limit outlays from the portions of the Federal-Aid Highway program that are subject to limitations under current law as well as new components of the program that would be authorized by the bill. 2Estimate provided by the Joint Committee on Taxation.

CBO estimates that implementing the bill would cost $128.8 billion over the 2005-2010 period. We also estimate that enacting the

legislation would increase direct spending by $45 million over the

2005-2010 period and by about $90 million over the 2005-2015 period. JCT estimates that enacting the bill would lower revenues by

$47 million over the 2005-2010 period and by $137 million over the

2005-2015 period.

SPENDING SUBJECT TO APPROPRIATION

Over the 2005-2010 period, the bill would provide about $187.2

billion of contract authority and authorize the appropriation of

about $2.1 billion for the Federal-Aid Highway program. The bill

also would require DOT and EPA to complete certain studies and

regulations. Assuming appropriation action consistent with the obligation limitations and authorizations specified in the bill, and assuming the appropriation of amounts necessary to cover the studies

and regulations, CBO estimates that implementing the legislation

would cost $128.8 billion over the 2005-2010 period. The bill’s

changes in spending subject to appropriation are detailed in Table

2.

TABLE 2. ESTIMATED CHANGES IN SPENDING SUBJECT TO APPROPRIATION UNDER THE SAFE, ACCOUNTABLE, FLEXIBLE, AND

EFFICIENT TRANSPORTATION EQUITY ACT OF 2005

By Fiscal Year, in Millions of Dollars

2005 2006 2007 2008 2009 2010

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Federal-Aid Highway Program Subject to Obligation

Limitation.

Estimated Authorization Level ........................ 0 0 0 0 0 0

Estimated Outlays .......................................... 0 9,924 25,027 31,666 34,865 26,577

Specified Authorizations for Highway Programs.

Authorization Level ......................................... 401 414 423 432 446 0

Estimated Outlays .......................................... 8 24 49 119 290 222

Studies, Regulations, and Databases.

Estimated Authorization Level ........................ 0 7 3 1 1 0

Estimated Outlays .......................................... 0 4 5 3 1 0

Total Changes.

Estimated Authorization Level ........................ 401 421 426 433 447 0
105

TABLE 2. ESTIMATED CHANGES IN SPENDING SUBJECT TO APPROPRIATION UNDER THE SAFE, ACCOUNTABLE, FLEXIBLE, AND

EFFICIENT TRANSPORTATION EQUITY ACT OF 2005

By Fiscal Year, in Millions of Dollars

2005 2006 2007 2008 2009 2010

Estimated Outlays .......................................... 8 9,952 25,081 31,787 35,157 26,799

Federal-Aid Highway Program. Under current law, most spending from the Federal-Aid Highway program is considered discretionary because it is controlled by annual limitations on obligations

set in appropriations acts. For this estimate, CBO assumes appropriation action will continue to limit outlays from the Federal-Aid

Highway program, and that such appropriation action will be consistent with obligation limitations set in the bill. We estimate that

new discretionary spending under the bill for that program would

total $9.9 billion in 2006 and $128 billion over the 2006-2010 period.

Specified Authorizations for Highway Programs. The bill would

specify the authorization of appropriations for the Historic Bridge

Preservation Program, the Magnetic Levitation Transportation Deployment Program, the Transportation Technology Innovation and

Demonstration Program, and the Denali Access System. Assuming

appropriation of the specified amounts, we estimate that implementing those programs would cost $8μmillion in 2005 and $713

million over the 2005-2010 period.

Studies, Regulations, and Databases. The bill would require DOT

and EPA to complete certain studies and regulations concerning

highway construction, safety, planning, and environmental quality.

The bill would require DOT to assess the condition of the surface

transportation system and develop a plan to ensure this system

will continue to meet the nation’s transportation needs. It would

require EPA to improve the methodology for measuring air particles and create a database to share and maintain results from

congestion mitigation and air quality programs.

The bill also would require DOT to issue regulations to improve

worker injury rates and traffic flow during road construction, and

it would require EPA to issue regulations for the management of

air quality data during disasters. Based on information from DOT

and EPA, CBO estimates that completing those studies and regulations would cost $12 million over the 2005-2010 period, subject to

appropriation of the necessary amounts.

DIRECT SPENDING AND REVENUES

The legislation would increase contract authority–a mandatory

form of budget authority–for the Federal-Aid Highway program,

provide the authority to spend certain fees, and provide the authority to share certain monetary judgments. Because outlays for the

Federal-Aid Highway program are controlled by limits set in annual appropriation acts, only changes in the spending of fees and

monetary judgments would affect outlays. CBO estimates those

changes would increase direct spending by about $90 million over

the 2006-2015 period. The bill’s changes in direct spending and revenues are detailed in Table 3.

Changes in Contract Authority. The legislation would increase

contract authority, a mandatory form of budget authority, for the
106

Federal-Aid Highway program over the 2005-2009 period. Because

most outlays associated with the program are subject to limitation

in annual appropriation acts, there are no outlay effects from increases in contract authority specified under the bill. CBO estimates that the contract authority provided for the Federal-Aid

Highway program would exceed current-law baseline levels by $711

million in 2005 and $25.3 billion over the 2005-2015 period.

Consistent with the Balanced Budget and Emergency Deficit

Control Act, CBO assumes for this estimate that the contract authority for the Federal-Aid Highway program would continue at the

same rate provided immediately before the program would expire

at the end of 2009. Hence, this estimate includes an additional $3.2

billion in contract authority, the amount above the baseline that

would equal the 2009 contract authority level provided in the bill,

in each year over the 2010-2015 period.
107

TABLE 3. ESTIMATED EFFECTS ON DIRECT SPENDING AND REVENUES FOR THE SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION EQUITY ACT OF 2005

By Fiscal Year, in Millions of Dollars

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

DIRECT SPENDING

Baseline Spending for the Federal-Aid Highway Program.

Estimated Budget Authority ............................................................................ 35,038 36,569 36,569 36,569 36,569 36,569 36,569 36,569 36,569 36,569 36,569Estimated Outlays ........................................................................................... 947 918 880 794 777 766 758 752 748 746 744

Proposed Changes:.

Federal-Aid Highway Program Changes in Contract Authority Subject to

Obligation Limitations.

Estimated Budget Authority .......................................................... 711 30 301 1,684 3,206 3,206 3,206 3,206 3,206 3,206 3,206Estimated Outlays ......................................................................... 0 0 0 0 0 0 0 0 0 0 0

Spending of Fees.

Estimated Budget Authority .......................................................... 0 5 5 5 5 5 5 5 5 5 5Estimated Outlays ......................................................................... 0 5 5 5 5 5 5 5 5 5 5

Spending of Judgments.

Estimated Budget Authority .......................................................... 0 4 4 4 4 4 4 4 4 4 4Estimated Outlays ......................................................................... 0 4 4 4 4 4 4 4 4 4 4

Total Changes.

Estimated Budget Authority .......................................................... 711 39 310 1,693 3,215 3,215 3,215 3,215 3,215 3,215 3,215Estimated Outlays ......................................................................... 0 9 9 9 9 9 9 9 9 9 9

Direct Spending Under the Bill for the Federal-Aid Highway program.

Estimated Budget Authority ............................................................................ 35,749 36,608 36,879 38,262 39,784 39,784 39,784 39,784 39,784 39,784 39,784Estimated Outlays ........................................................................................... 947 927 889 803 786 775 767 761 757 755 753

CHANGES IN REVENUES

Estimated Revenues1 ........................................................................................................ –1 –3 –6 –9 –13 –16 –18 –18 –18 –18

1Estimate provided by Joint Committee on Taxation.
108

Spending of Certain Fees. Under current law, DOT collects fees

from participants in classes held by the National Highway Institute

and participants in the TIFIA program. Those fees cover a portion

of the administrative costs of the classes and the TIFIA program.

The bill would provide DOT the authority to spend the fees without

further appropriation. Based on information from DOT, CBO estimates that the department will collect–beginning in 2006–$4 million each year from participants in classes held by the National

Highway Institute and $1 million each year from participants in

the TIFIA program. CBO estimates that this provision would increase direct spending by about $50 million over the 2006-2015 period.

Monetary Judgments. The bill would provide DOT the authority

to share monetary judgments pertaining to fraud in the federal

highway and transit programs with state and local agencies. This

provision would apply to judgments in criminal prosecutions as

well as civil judgments. Under current law, monetary judgments

that result from criminal prosecutions are deposited in the Crime

Victims Fund and later spent. Civil judgments, however, are not

spent under current law. The federal government received an average of $18 million each year in monetary judgments from civil

cases over the 1999-2003 period. Because the federal government

pays most costs associated with fraud investigations and generally

requires states to provide only 20 percent of the total cost for most

surface transportation projects, we expect that DOT would share 20

percent of such judgments with the states. Hence, CBO estimates

that this provision would increase direct spending by $4 million

each year, beginning in 2006, and by $40 million over the 2006-

2015 period.

Revenues. Enacting the bill would lower revenue collections by

expanding the State Infrastructure Banks (SIBS) and the TIFIA

programs. JCT estimates that enhancing both provisions would

lower revenues by $47 million over the 2005-2010 period and $137

million over the 2006-2015 period.

Under current law, five states can use grants from the FederalAid Highway program to fund a state infrastructure bank. States

use infrastructure banks to finance transportation projects by providing loans to local governments or repaying bonds. The bill would

extend that authority to all states. JCT estimates that this provision would increase the use of tax-exempt bonds and therefore decrease federal revenues by $81 million over the 2006-2015 period.

For a project to receive credit assistance under the TIFIA program, current law requires the projects’ total cost to equal or exceed the lower of the following two amounts: $100 million, or 50

percent of the states’ grants from certain highway programs in the

previous fiscal year. The bill would change those two amounts to

$50 million and 20 percent of the states’ highway grants. Credit assistance under the TIFIA program can cover a portion of the remaining cost with tax-exempt bonds. JCT estimates that enacting

the legislation would increase the number of projects that receive

credit assistance under TIFIA and, therefore, increase the use of

tax-exempt bonds, reducing revenue collections by $56 million over

the 2006-2015 period.
109

Estimated Impact on State, Local, and Tribal Governments

The provisions of the bill reviewed by CBO contain an intergovernmental mandate, as defined in UMRA, by requiring states to

use public and commercial data to verify an applicant’s identity

and meet additional minimum standards to be established by the

Secretary before issuing licenses to commercial drivers. Based on

information from state representatives and technology experts,

CBO estimates that the costs for states to comply with those requirements would be well under the threshold established in

UMRA ($62 million in 2005, adjusted annually for inflation).

Other costs to state or local governments to comply with grant

conditions would be incurred voluntarily. In general, the bill would

benefit states by reauthorizing federal highway programs.

CONFIRMING IDENTITIES FOR COMMERCIAL DRIVER’S LICENSES

Section 1409 would expand an existing mandate that requires

states to operate a Commercial Drivers License (CDL) program by

requiring states to use public and commercial data to verify an applicant’s identity and meet additional minimum standards to be established by the Secretary before issuing licenses to commercial

drivers. If states do not comply with the federal requirements for

licensing commercial drivers, they would be prohibited from issuing

CDLs. Based on information from state representatives, some

states are using a variety of technologies to verify identities, but

no states are currently using the type of system required by this

section. While the total cost to states depends on regulations yet

to be determined, some states would incur onetime costs to upgrade

technology and all states would incur ongoing transaction costs to

access the information systems. CBO estimates that the total costs

for states to comply with those requirements would likely be less

than $5 million in the first year, and about $1 million annually

thereafter for ongoing costs. States would likely recover a significant portion of their costs through fees.

OTHER IMPACTS

Subtitle E of title I, Environmental Planning and Review, would

clarify and expand existing conditions of aid by requiring Metropolitan Planning Organizations (MPOs) and states to consider additional environmental factors during the planning process, and to

update transportation plans more frequently. MPOs and states currently have to comply with various transportation planning requirements in order to receive federal assistance. According to

MPO representatives, the provisions of the bill may require smaller

organizations to hire additional staff. CBO does not expect those

costs to be significant, however, and states and MPOs receive various forms of funding under current statutes to cover such expenses. This bill would increase the amounts of funds set aside for

MPOs.

States would benefit from other provisions of the bill, including

funding to establish or update systems to report incidents more

quickly, to develop intermodal passenger facilities, and to encourage the collection of tolls on certain interstate highways and highoccupancy-vehicle lanes.
110

Estimated Impact on the Private Sector

The bill contains no new private-sector mandates as defined in

UMRA.

Estimate Prepared By: Federal Spending: Lisa Cash Driskill,

Deborah Reis, and Susanne Mehlman; Federal Revenues: Annabelle Bartsch; Impact on State, Local, and Tribal Governments:

Theresa Gullo; Impact on the Private Sector: Jean Talarico.

Estimate Approved By: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules

of the Senate, changes in existing law made by the bill as reported

are shown as follows: Existing law proposed to be omitted is enclosed in øblack brackets¿, new matter is printed in italic, existing

law in which no change is proposed is shown in roman:

* * * * * * *

TITLE 23—UNITED STATES CODE

HIGHWAYS

Chap. Sec.

1. Federal-Aid Highways ............................................................................... 101

2. Other Highways ......................................................................................... 201

3. General Provisions ..................................................................................... 301

4. Highway Safety .......................................................................................... 401

5. Research and Technology .......................................................................... 501

CHAPTER 1—FEDERAL-AID HIGHWAYS

SUBCHAPTER I—GENERAL PROVISIONS

Sec.

101. Definitions and declaration of policy

102. Program efficiencies

103. Federal-aid systems

104. Apportionment

ø105. Minimum guarantee¿

105. Equity bonus program.

106. Project approval and oversight

107. Acquisition of rights-of-way-Interstate System

108. Advance acquisition of real property

109. Standards

110. Revenue aligned budget authority

111. Agreements relating to use of and access to rights-of-way-Interstate System

112. Letting of contracts

113. Prevailing rate of wage

114. Construction

115. Advance construction

116. Maintenance

117. High priority projects program

118. Availability of funds

119. Interstate maintenance program

120. Federal share payable

121. Payment to States for construction

122. Payments to States for bond and other debt instrument financing

123. Relocation of utility facilities

124. Advances to States

125. Emergency relief

126. Uniform transferability of Federal-aid highway funds
111

127. Vehicle weight limitations-Interstate System

128. Public hearings

129. Toll roads, bridges, tunnels, and ferries

130. Railway-highway crossings

131. Control of outdoor advertising

132. Payments on Federal-aid projects undertaken by a Federal agency

133. Surface transportation program

134. Metropolitan planning

135. Statewide planning

136. Control of junkyards

137. Fringe and corridor parking facilities

138. Preservation of parklands

139. Infrastructure performance and maintenance program.

140. Nondiscrimination

141. Enforcement of requirements

142. Public transportation

143. Highway use tax evasion projects

ø144. Highway bridge replacement and rehabilitation program¿

144. Highway bridge program.

145. Federal-State relationship

146. Carpool and vanpool projects

ø147. Priority primary routes¿

147. Construction of ferry boats and ferry terminal and maintenance facilities.

ø148. Development of a national scenic and recreational highway¿

148. Highway safety improvement program.

149. Congestion mitigation and air quality improvement program

150. Safe routes to school program.

151. National bridge inspection program

ø152. Hazard elimination program¿

152. Purchases of equipment.

153. Use of safety belts and motorcycle helmets

154. Open container requirements

ø155. Access highways to public recreation areas on certain lakes¿

155. State habitat, streams, and wetlands mitigation funds.

156. Proceeds from the sale or lease of real property

157. Safety incentive grants for use of seat belts

158. National minimum drinking age

159. Revocation or suspension of drivers’ licenses of individuals convicted of drug

offenses

160. Reimbursement for segments of the Interstate System constructed without

Federal assistance

161. Operation of motor vehicles by intoxicated minors

162. National scenic byways program

163. Safety incentives to prevent operation of motor vehicles by intoxicated persons 164. Minimum penalties for repeat offenders for driving while intoxicated or

driving under the influence

165. Eligibility for environmental restoration and pollution abatement.

166. Control of invasive plant species and establishment of native species.

167. Highway stormwater discharge mitigation program.

168. Transportation systems management and operations.

169. Real-time system management information program.

170. Appalachian development highway system.

171. Multistate corridor program.

172. Border planning, operations, and technology program.

173. Puerto Rico highway program.

174. National historic covered bridge preservation.

175. Transportation and community and system preservation pilot program.

176. Parking pilot programs.

177. Interstate oasis program.

178. Delta Region transportation development program.

179. Identity authentication standards.

SUBCHAPTER II—INFRASTRUCTURE FINANCE

181. Definitions

182. Determination of eligibility and project selection

183. Secured loans

184. Lines of credit
112

ø185. Project servicing¿

185. Program administration.

186. State and local permits

187. Regulations

188. Funding

ø189. Report to Congress¿ Repealed.

* * * * * *

*

SUBCHAPTER I—GENERAL PROVISIONS

§ 101. Definitions and declaration of policy

ø(a) DEFINITIONS.—In this title, the following definitions apply:

ø(1) APPORTIONMENT.—The term ‘‘apportionment’’ includes

unexpended apportionments made under prior authorization

laws.

ø(2) CARPOOL PROJECT.—The term ‘‘carpool project’’ means

any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and

individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as

preferential carpool highway lanes, providing related traffic

control devices, and designating existing facilities for use for

preferential parking for carpools.

ø(3) CONSTRUCTION.—The term ‘‘construction’’ means the

supervising, inspecting, actual building, and incurrence of all

costs incidental to the construction or reconstruction of a highway, including bond costs and other costs relating to the

issuance in accordance with section 122 of bonds or other debt

financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit

the Federal-aid highway program. Such term includes—

ø(A) locating, surveying, and mapping (including the

establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration of the Department of

Commerce);

ø(B) resurfacing, restoration, and rehabilitation;

ø(C) acquisition of rights-of-way;

ø(D) relocation assistance, acquisition of replacement

housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing;

ø(E) elimination of hazards of railway grade crossings;

ø(F) elimination of roadside obstacles;

ø(G) improvements that directly facilitate and control

traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas; and

ø(H) capital improvements that directly facilitate an

effective vehicle weight enforcement program, such as

scales (fixed and portable), scale pits, scale installation,

and scale houses.

ø(4) COUNTY.—The term ‘‘county’’ includes corresponding

units of government under any other name in States that do
113

not have county organizations and, in those States in which

the county government does not have jurisdiction over highways, any local government unit vested with jurisdiction over

local highways.

ø(5) FEDERAL-AID HIGHWAY.—The term ‘‘Federal-aid highway’’ means a highway eligible for assistance under this chapter other than a highway classified as a local road or rural

minor collector.

ø(6) FEDERAL-AID SYSTEM.—The term ‘‘Federal-aid system’’

means any of the Federal-aid highway systems described in

section 103.

ø(7) FEDERAL LANDS HIGHWAY.—The term ‘‘Federal lands

highway’’ means a forest highway, public lands highway, park

road, parkway, refuge road, and Indian reservation road that

is a public road.

ø(8) FOREST DEVELOPMENT ROADS AND TRAILS.—The term

‘‘forest development roads and trails’’ means forest roads and

trails under the jurisdiction of the Forest Service.

ø(9) FOREST HIGHWAY.—The term ‘‘forest highway’’ means

a forest road under the jurisdiction of, and maintained by, a

public authority and open to public travel.

ø(10) FOREST ROAD OR TRAIL.—The term ‘‘forest road or

trail’’ means a road or trail wholly or partly within, or adjacent

to, and serving the National Forest System that is necessary

for the protection, administration, and utilization of the National Forest System and the use and development of its resources.

ø(11) HIGHWAY.—The term ‘‘highway’’ includes—

ø(A) a road, street, and parkway;

ø(B) a right-of-way, bridge, railroad-highway crossing,

tunnel, drainage structure, sign, guardrail, and protective

structure, in connection with a highway; and

ø(C) a portion of any interstate or international bridge

or tunnel and the approaches thereto, the cost of which is

assumed by a State transportation department, including

such facilities as may be required by the United States

Customs and Immigration Services in connection with the

operation of an international bridge or tunnel.

ø(12) INDIAN RESERVATION ROAD.—The term ‘‘Indian reservation road’’ means a public road that is located within or

provides access to an Indian reservation or Indian trust land

or restricted Indian land that is not subject to fee title alienation without the approval of the Federal Government, or Indian and Alaska Native villages, groups, or communities in

which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services

generally available to Indians under Federal laws specifically

applicable to Indians.

ø(13) INTERSTATE SYSTEM.—The term ‘‘Interstate System’’

means the Dwight D. Eisenhower National System of Interstate and Defense Highways described in section 103(c).

ø(14) MAINTENANCE.—The term ‘‘maintenance’’ means the

preservation of the entire highway, including surface, shoul-
114

ders, roadsides, structures, and such traffic-control devices as

are necessary for safe and efficient utilization of the highway.

ø(15) MAINTENANCE AREA.—The term ‘‘maintenance area’’

means an area that was designated as a nonattainment area,

but was later redesignated by the Administrator of the Environmental Protection Agency as an attainment area, under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).

ø(16) NATIONAL HIGHWAY SYSTEM.—The term ‘‘National

Highway System’’ means the Federal-aid highway system described in section 103(b).

ø(17) OPERATING COSTS FOR TRAFFIC MONITORING, MANAGE- MENT, AND CONTROL.—The term ‘‘operating costs for traffic

monitoring, management, and control’’ includes labor costs, administrative costs, costs of utilities and rent, and other costs

associated with the continuous operation of traffic control, such

as integrated traffic control systems, incident management programs, and traffic control centers.

ø(18) OPERATIONAL IMPROVEMENT.—The term ‘‘operational

improvement’’—

ø(A) means (i) a capital improvement for installation

of traffic surveillance and control equipment, computerized

signal systems, motorist information systems, integrated

traffic control systems, incident management programs,

and transportation demand management facilities, strategies, and programs, and (ii) such other capital improvements to public roads as the Secretary may designate, by

regulation; and

ø(B) does not include resurfacing, restoring, or rehabilitating improvements, construction of additional lanes,

interchanges, and grade separations, and construction of a

new facility on a new location.

ø(19) PARK ROAD.—The term ‘‘park road’’ means a public

road, including a bridge built primarily for pedestrian use, but

with capacity for use by emergency vehicles, that is located

within, or provides access to, an area in the National Park System with title and maintenance responsibilities vested in the

United States.

ø(20) PARKWAY.—The term ‘‘parkway’’, as used in chapter

2 of this title, means a parkway authorized by Act of Congress

on lands to which title is vested in the United States.

ø(21) PROJECT.—The term ‘‘project’’ means an undertaking

to construct a particular portion of a highway, or if the context

so implies, the particular portion of a highway so constructed

or any other undertaking eligible for assistance under this

title.

ø(22) PROJECT AGREEMENT.—The term ‘‘project agreement’’

means the formal instrument to be executed by the State

transportation department and the Secretary as required by

section 106.

ø(23) PUBLIC AUTHORITY.—The term ‘‘public authority’’

means a Federal, State, county, town, or township, Indian

tribe, municipal or other local government or instrumentality

with authority to finance, build, operate, or maintain toll or

toll-free facilities.
115

ø(24) PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS.— The term ‘‘public lands development roads and trails’’ means

those roads and trails that the Secretary of the Interior determines are of primary importance for the development, protection, administration, and utilization of public lands and resources under the control of the Secretary of the Interior.

ø(25) PUBLIC LANDS HIGHWAY.—The term ‘‘public lands

highway’’ means a forest road under the jurisdiction of and

maintained by a public authority and open to public travel or

any highway through unappropriated or unreserved public

lands, nontaxable Indian lands, or other Federal reservations

under the jurisdiction of and maintained by a public authority

and open to public travel.

ø(26) PUBLIC LANDS HIGHWAYS.—The term ‘‘public lands

highways’’ means those main highways through unappropriated or unreserved public lands, nontaxable Indian lands, or

other Federal reservations, which are on the Federal-aid systems.

ø(27) PUBLIC ROAD.—The term ‘‘public road’’ means any

road or street under the jurisdiction of and maintained by a

public authority and open to public travel.

ø(28) REFUGE ROAD.—The term ‘‘refuge road’’ means a public road that provides access to or within a unit of the National

Wildlife Refuge System and for which title and maintenance

responsibility is vested in the United States Government.

ø(29) RURAL AREAS.—The term ‘‘rural areas’’ means all

areas of a State not included in urban areas.

ø(30) SAFETY IMPROVEMENT PROJECT.—The term ‘‘safety

improvement project’’ means a project that corrects or improves

high hazard locations, eliminates roadside obstacles, improves

highway signing and pavement marking, installs priority control systems for emergency vehicles at signalized intersections,

installs or replaces emergency motorist aid call boxes, or installs traffic control or warning devices at locations with high

accident potential.

ø(31) SECRETARY.—The term ‘‘Secretary’’ means Secretary

of Transportation.

ø(32) STATE.—The term ‘‘State’’ means any of the 50

States, the District of Columbia, or Puerto Rico.

ø(33) STATE FUNDS.—The term ‘‘State funds’’ includes

funds raised under the authority of the State or any political

or other subdivision thereof, and made available for expenditure under the direct control of the State transportation department.

ø(34) STATE TRANSPORTATION DEPARTMENT.—The term

‘‘State transportation department’’ means that department,

commission, board, or official of any State charged by its laws

with the responsibility for highway construction.

ø(35) TRANSPORTATION ENHANCEMENT ACTIVITIES.—The

term ‘‘transportation enhancement activities’’ means, with respect to any project or the area to be served by the project, any

of the following activities if such activity relates to surface

transportation: provision of facilities for pedestrians and bicycles, provision of safety and educational activities for pedes-
116

trians and bicyclists, acquisition of scenic easements and scenic

or historic sites, scenic or historic highway programs (including

the provision of tourist and welcome center facilities), landscaping and other scenic beautification, historic preservation,

rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals), preservation of abandoned railway corridors

(including the conversion and use thereof for pedestrian or bicycle trails), control and removal of outdoor advertising, archaeological planning and research, environmental mitigation

to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat

connectivity, and establishment of transportation museums.

ø(36) URBAN AREA.—The term ‘‘urban area’’ means an urbanized area or, in the case of an urbanized area encompassing

more than one State, that part of the urbanized area in each

such State, or urban place as designated by the Bureau of the

Census having a population of 5,000 or more and not within

any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other,

subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urban place designated by

the Bureau of the Census, except in the case of cities in the

State of Maine and in the State of New Hampshire.

ø(37) URBANIZED AREA.—The term ‘‘urbanized area’’ means

an area with a population of 50,000 or more designated by the

Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other,

subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urbanized area within a

State as designated by the Bureau of the Census.¿

(a) DEFINITIONS.—In this title:

(1) APPORTIONMENT.—The term ‘apportionment’ includes

an unexpended apportionment made under a law enacted before

the date of enactment of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005.

(2) CARPOOL PROJECT.— (A) IN GENERAL.—The term ‘carpool project’ means any

project to encourage the use of carpools and vanpools.

(B) INCLUSIONS.—The term ‘carpool project’ includes a

project—

(i) to provide carpooling opportunities to the elderly and individuals with disabilities;

(ii) to develop and implement a system for locating

potential riders and informing the riders of carpool opportunities;

(iii) to acquire vehicles for carpool use;

(iv) to designate highway lanes as preferential carpool highway lanes;

(v) to provide carpool-related traffic control devices; and

(vi) to designate facilities for use for preferential

parking for carpools.

(3) CONSTRUCTION.—
117

(A) IN GENERAL.—The term ‘construction’ means the

supervision, inspection, and actual building of, and incurring of all costs incidental to the construction or reconstruction of a highway, including bond costs and other costs relating to the issuance in accordance with section 122 of

bonds or other debt financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway

program.

(B) INCLUSIONS.—The term ‘construction’ includes—

(i) locating, surveying, and mapping (including the

establishment of temporary and permanent geodetic

markers in accordance with specifications of the National Oceanic and Atmospheric Administration);

(ii) resurfacing, restoration, and rehabilitation;

(iii) acquisition of rights-of-way;

(iv) relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation,

relocation, and construction of replacement housing;

(v) elimination of hazards of railway grade crossings;

(vi) elimination of roadside obstacles;

(vii) improvements that directly facilitate and control traffic flow, such as—

(I) grade separation of intersections;

(II) widening of lanes;

(III) channelization of traffic;

(IV) traffic control systems; and

(V) passenger loading and unloading areas;

(viii) capital improvements that directly facilitate

an effective vehicle weight enforcement program, such

as—

(I) scales (fixed and portable);

(II) scale pits;

(III) scale installation; and

(IV) scale houses;

(ix) improvements directly relating to securing

transportation infrastructures for detection, preparedness, response, and recovery;

(x) operating costs relating to traffic monitoring,

management, and control;

(xi) operational improvements; and

(xii) transportation system management and operations.

(4) COUNTY.—The term ‘county’ includes—

(A) a corresponding unit of government under any

other name in a State that does not have county organizations; and

(B) in those States in which the county government

does not have jurisdiction over highways, any local government unit vested with jurisdiction over local highways.

(5) FEDERAL-AID HIGHWAY.—

(A) IN GENERAL.—The term ‘Federal-aid highway’

means a highway eligible for assistance under this chapter.
118

(B) EXCLUSIONS.—The term ‘Federal-aid highway’ does

not include a highway classified as a local road or rural

minor collector.

(6) FEDERAL-AID SYSTEM.—The term ‘Federal-aid system’

means any of the Federal-aid highway systems described in section 103.

(7) FEDERAL LANDS HIGHWAY.—The term ‘Federal lands

highway’ means—

(A) a forest highway;

(B) a recreation road;

(C) a public Forest Service road;

(D) a park road;

(E) a parkway;

(F) a refuge road;

(G) an Indian reservation road; and

(H) a public lands highway.

(8) FOREST HIGHWAY.—The term ‘forest highway’ means a

forest road that is—

(A) under the jurisdiction of, and maintained by, a

public authority; and

(B) is open to public travel.

(9) FOREST ROAD OR TRAIL.—

(A) IN GENERAL.—The term ‘forest road or trail’ means

a road or trail wholly or partly within, or adjacent to, and

serving National Forest System land that is necessary for

the protection, administration, use, and development of the

resources of that land.

(B) INCLUSIONS.—The term ‘forest road or trail’

includes—

(i) a classified forest road;

(ii) an unclassified forest road;

(iii) a temporary forest road; and

(iv) a public forest service road.

(10) FREIGHT TRANSPORTATION GATEWAY.—

(A) IN GENERAL.—The term ‘freight transportation

gateway’ means a nationally or regionally significant transportation port of entry or hub for domestic and global trade

or military mobilization.

(B) INCLUSIONS.—The term ‘freight transportation

gateway’ includes freight intermodal and Strategic Highway Network connections that provide access to and from

a port or hub described in subparagraph (A).

(11) HIGHWAY.—The term ‘highway’ includes—

(A) a road, street, and parkway;

(B) a right-of-way, bridge, railroad-highway crossing,

tunnel, drainage structure, sign, guardrail, and protective

structure, in connection with a highway; and

(C) a portion of any interstate or international bridge

or tunnel (including the approaches to the interstate or

international bridge or tunnel, and such transportation facilities as may be required by the United States Customs

Service and the Bureau of Citizenship and Immigration

Services in connection with the operation of an inter-
119

national bridge or tunnel), the cost of which is assumed by

a State transportation department.

(12) HIGHWAY SAFETY IMPROVEMENT PROJECT.—The term

‘highway safety improvement project’ means a project that meets

the requirements of section 148.

(13) INDIAN RESERVATION ROAD.—

(A) IN GENERAL.—The term ‘Indian reservation road’

means a public road that is located within or provides access to an area described in subparagraph (B) on which or

in which reside Indians or Alaskan Natives that, as determined by the Secretary of the Interior, are eligible for services generally available to Indians under Federal laws specifically applicable to Indians.

(B) AREAS.—The areas referred to in subparagraph (A)

are—

(i) an Indian reservation;

(ii) Indian trust land or restricted Indian land

that is not subject to fee title alienation without the approval of the Federal Government; and

(iii) an Indian or Alaska Native village, group, or

community.

(14) INTERSTATE SYSTEM.—The term ‘Interstate System’

means the Dwight D. Eisenhower National System of Interstate

and Defense Highways described in section 103(c).

(15) MAINTENANCE.—

(A) IN GENERAL.—The term ‘maintenance’ means the

preservation of a highway.

(B) INCLUSIONS.—The term ‘maintenance’ includes the

preservation of—

(i) the surface, shoulders, roadsides, and structures

of a highway; and

(ii) such traffic-control devices as are necessary for

safe, secure, and efficient use of a highway.

(16) MAINTENANCE AREA.—The term ‘maintenance area’

means an area that was designated as a nonattainment area,

but was later redesignated by the Administrator of the Environmental Protection Agency as an attainment area, under section

107(d) of the Clean Air Act (42 U.S.C. 7407(d)).

(17) NATIONAL FOREST SYSTEM ROAD OR TRAIL.—The term

‘National Forest System road or trail’ means a forest road or

trail that is under the jurisdiction of the Forest Service.

(18) NATIONAL HIGHWAY SYSTEM.—The term ‘National

Highway System’ means the Federal-aid highway system described in section 103(b).

(19) OPERATING COSTS FOR TRAFFIC MONITORING, MANAGEMENT, AND CONTROL.—The term ‘operating costs for traffic monitoring, management, and control’ includes—

(A) labor costs;

(B) administrative costs;

(C) costs of utilities and rent;

(D) costs incurred by transportation agencies for technology to monitor critical transportation infrastructure for

security purposes; and
120

(E) other costs associated with transportation systems

management and operations and the continuous operation

of traffic control, such as—

(i) an integrated traffic control system;

(ii) an incident management program; and

(iii) a traffic control center.

(20) OPERATIONAL IMPROVEMENT.—

(A) IN GENERAL.—The term ‘operational improvement’

means—

(i) a capital improvement for installation or implementation of—

(I) a transportation system management and

operations program;

(II) traffic and transportation security surveillance and control equipment;

(III) a computerized signal system;

(IV) a motorist information system;

(V) an integrated traffic control system;

(VI) an incident management program;

(VII) equipment and programs for transportation response to manmade and natural disasters;

or

(VIII) a transportation demand management

facility, strategy, or program; and

(ii) such other capital improvements to a public

road as the Secretary may designate by regulation.

(B) EXCLUSIONS.—The term ‘operational improvement’

does not include—

(i) a resurfacing, restorative, or rehabilitative improvement;

(ii) construction of an additional lane, interchange,

or grade separation; or

(iii) construction of a new facility on a new location.

(21) PARK ROAD.—The term ‘park road’ means a public

road (including a bridge built primarily for pedestrian use, but

with capacity for use by emergency vehicles) that is located

within, or provides access to, an area in the National Park System with title and maintenance responsibilities vested in the

United States.

(22) PARKWAY.—The term ‘parkway’ means a parkway authorized by an Act of Congress on land to which title is vested

in the United States.

(23) PROJECT.—The term ‘project’ means—

(A)(i) an undertaking to construct a particular portion

of a highway; or

(ii) if the context so implies, a particular portion of a

highway so constructed; and

(B) any other undertaking eligible for assistance under

this title.

(24) PROJECT AGREEMENT.—The term ‘project agreement’

means the formal instrument to be executed by the Secretary

and recipient of funds under this title.
121

(25) PUBLIC AUTHORITY.—The term ‘public authority’ means

a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll-free facilities.

(26) PUBLIC FOREST SERVICE ROAD.—The term ‘public Forest Service road’ means a classified forest road—

(A) that is open to public travel;

(B) for which title and maintenance responsibility is

vested in the Federal Government; and

(C) that has been designated a public road by the Forest Service.

(27) PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS.—The

term ‘public lands development roads and trails’ means roads

and trails that the Secretary of the Interior determines are of

primary importance for the development, protection, administration, and use of public lands and resources under the control

of the Secretary of the Interior.

(28) PUBLIC LANDS HIGHWAY.—The term ‘public lands highway’ means—

(A) a forest road that is—

(i) under the jurisdiction of, and maintained by, a

public authority; and

(ii) open to public travel; and

(B) any highway through unappropriated or unreserved public land, nontaxable Indian land, or any other

Federal reservation (including a main highway through

such land or reservation that is on the Federal-aid system)

that is—

(i) under the jurisdiction of, and maintained by, a

public authority; and

(ii) open to public travel.

(29) PUBLIC ROAD.—The term ‘public road’ means any road

or street that is—

(A) under the jurisdiction of, and maintained by, a

public authority; and

(B) open to public travel.

(30) RECREATIONAL ROAD.—The term ‘recreational road’

means a public road—

(A) that provides access to a museum, lake, reservoir,

visitors center, gateway to a major wilderness area, public

use area, or recreational or historic site; and

(B) for which title is vested in the Federal Government.

(31) REFUGE ROAD.—The term ‘refuge road’ means a public

road—

(A) that provides access to or within a unit of the National Wildlife Refuge System or a national fish hatchery;

and

(B) for which title and maintenance responsibility is

vested in the United States Government.

(32) RURAL AREA.—The term ‘rural area’ means an area of

a State that is not included in an urban area.

(33) SECRETARY.—The term ‘Secretary’ means the Secretary

of Transportation.
122

(34) STATE.—The term ‘State’ means—

(A) a State;

(B) the District of Columbia; and

(C) the Commonwealth of Puerto Rico.

(35) STATE FUNDS.—The term ‘State funds’ includes funds

that are—

(A) raised under the authority of the State (or any political or other subdivision of a State); and

(B) made available for expenditure under the direct

control of the State transportation department.

(36) STATE TRANSPORTATION DEPARTMENT.—The term

‘State transportation department’ means the department, agency, commission, board, or official of any State charged by the

laws of the State with the responsibility for highway construction.

(37) TERRITORIAL HIGHWAY SYSTEM.—The term ‘territorial

highway system’ means the system of arterial highways, collector roads, and necessary interisland connectors in American

Samoa, the Commonwealth of the Northern Mariana Islands,

Guam, and the United States Virgin Islands that have been

designated by the appropriate Governor or chief executive officer

of a territory, and approved by the Secretary, in accordance

with section 215.

(38) 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) 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.

(39) TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.—
123

(A) IN GENERAL.—The term ‘transportation systems

management and operations’ means an integrated program

to optimize the performance of existing infrastructure

through the implementation of multimodal and intermodal,

cross-jurisdictional systems, services, and projects designed

to preserve capacity and improve security, safety, and reliability of the transportation system.

(B) INCLUSIONS.—The term ‘transportation systems

management and operations’ includes—

(i) regional operations collaboration and coordination activities between transportation and public safety

agencies; and

(ii) improvements to the transportation system

such as traffic detection and surveillance, arterial

management, freeway management, demand management, work zone management, emergency management,

electronic toll collection, automated enforcement, traffic

incident management, roadway weather management,

traveler information services, commercial vehicle operations, traffic control, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian

operations.

(40) URBAN AREA.—The term ‘urban area’ means—

(A) an urbanized area (or, in the case of an urbanized

area encompassing more than 1 State, the portion of the urbanized area in each State); and

(B) an urban place designated by the Bureau of the

Census that—

(i) has a population of 5,000 or more;

(ii) is not located within any urbanized area; and

(iii) is located within boundaries that—

(I) are fixed cooperatively by responsible State

and local officials, subject to approval by the Secretary; and

(II) encompass, at a minimum, the entire

urban place designated by the Bureau of the Census (except in the case of cities in the State of

Maine and in the State of New Hampshire).

(41) URBANIZED AREA.—The term ‘urbanized area’ means

an area that—

(A) has a population of 50,000 or more;

(B) is designated by the Bureau of the Census; and

(C) is located within boundaries that—

(i) are fixed cooperatively by responsible State and

local officials, subject to approval by the Secretary; and

(ii) encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau

of the Census.

ø(b) It is hereby declared to be¿

(b) DECLARATION OF POLICY.—

(1) ACCELERATION OF CONSTRUCTION OF FEDERAL-AID HIGH- WAY SYSTEMS.—Congress declares that it is in the national interest to accelerate the construction of the Federal-aid highway

systems, including The Dwight D. Eisenhower System of Inter-
124

state and Defense Highways, since many of such highways, or

portions thereof, are in fact inadequate to meet the needs of

local and interstate commerce, for the national and civil defense.

øIt is hereby declared¿

(2) COMPLETION OF INTERSTATE SYSTEM.—Congress declares that the prompt and early completion of The Dwight D.

Eisenhower System of Interstate and Defense Highways, so

named because of its primary importance to the national defense and hereafter referred to as the ‘‘Interstate System’’, is

essential to the national interest and is one of the most important objectives of this Act. It is the intent of Congress that the

Interstate System be completed as nearly as practicable over

the period of availability of the forty years’ appropriations authorized for the purpose of expediting its construction, reconstruction, or improvement, inclusive of necessary tunnels and

bridges, through the fiscal year ending September 30, 1996,

under section 108(b) of the Federal-Aid Highway Act of 1956

(70 Stat. 374), and that the entire system in all States be

brought to simultaneous completion. Insofar as possible in consonance with this objective, existing highways located on an

interstate route shall be used to the extent that such use is

practicable, suitable, and feasible, it being the intent that local

needs, to the extent practicable, suitable, and feasible, shall be

given equal consideration with the needs of interstate commerce.

øIt is further declared that since the Interstate System is now

in the final phase of completion it shall be the national policy that

increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems in accordance with the first

paragraph of this subsection, in order to bring all of the Federalaid systems up to standards and to increase the safety of these systems to the maximum extent.¿

(3) TRANSPORTATION NEEDS OF 21ST CENTURY.—Congress

declares that—

(A) it is in the national interest to preserve and enhance the surface transportation system to meet the needs

of the United States for the 21st Century;

(B) the current urban and long distance personal travel

and freight movement demands have surpassed the original

forecasts and travel demand patterns are expected to

change;

(C) continued planning for and investment in surface

transportation is critical to ensure the surface transportation system adequately meets the changing travel demands of the future;

(D) among the foremost needs that the surface transportation system must meet to provide for a strong and vigorous national economy are safe, efficient, and reliable—

(i) national and interregional personal mobility

(including personal mobility in rural and urban areas)

and reduced congestion;

(ii) flow of interstate and international commerce

and freight transportation; and
125

(iii) travel movements essential for national security;

(E) special emphasis should be devoted to providing

safe and efficient access for the type and size of commercial

and military vehicles that access designated National

Highway System intermodal freight terminals;

(F) it is in the national interest to seek ways to eliminate barriers to transportation investment created by the

current modal structure of transportation financing;

(G) the connection between land use and infrastructure

is significant;

(H) transportation should play a significant role in

promoting economic growth, improving the environment,

and sustaining the quality of life; and

(I) the Secretary should take appropriate actions to preserve and enhance the Interstate System to meet the needs

of the 21st Century.

* * * * * * *

§ 102. Program efficiencies

ø(a) HOV PASSENGER REQUIREMENTS.—

ø(1) IN GENERAL.—A State transportation department

shall establish the occupancy requirements of vehicles operating in high occupancy vehicle lanes; except that no fewer

than 2 occupants per vehicle may be required and, subject to

section 163 of the Surface Transportation Assistance Act of

1982, motorcycles and bicycles shall not be considered single

occupant vehicles.

ø(2) EXCEPTION FOR INHERENTLY LOW-EMISSION VEHICLES.—Notwithstanding paragraph (1), before September 30,

2003, a State may permit a vehicle with fewer than 2 occupants to operate in high occupancy vehicle lanes if the vehicle

is certified as an Inherently Low-Emission Vehicle pursuant to

title 40, Code of Federal Regulations, and is labeled in accordance with, section 88.312–93(c) of such title. Such permission

may be revoked by the State should the State determine it necessary.¿

(a) HIGH OCCUPANCY VEHICLE LANE PASSENGER REQUIRE- MENTS.—

(1) DEFINITIONS.—In this subsection:

(A) RESPONSIBLE AGENCY.—The term ‘responsible agency’ means—

(i) a State transportation department;

(ii) a local agency in a State that is responsible for

transportation matters; and

(iii) a public authority, or a public or private entity

designated by a State, to collect a toll from motor vehicles at an eligible toll facility.

(B) SERIOUSLY DEGRADED.—The term ‘seriously degraded’, with respect to a high occupancy vehicle lane,

means, in the case of a high occupancy vehicle lane, the

minimum average operating speed, performance threshold,

and associated time period of the high occupancy vehicle
126

lane, calculated and determined jointly by all applicable responsible agencies and based on conditions unique to the

roadway, are unsatisfactory.

(2) REQUIREMENTS.— (A) IN GENERAL.—Subject to subparagraph (B), for

each State, 1 or more responsible agencies shall establish

the occupancy requirements of vehicles operating on high

occupancy vehicle lanes.

(B) MINIMUM NUMBER OF OCCUPANTS.—Except as provided in paragraph (3), an occupancy requirement established under subparagraph (A) shall—

(i) require at least 2 occupants per vehicle for a vehicle operating on a high occupancy vehicle lane; and

(ii) in the case of a high occupancy vehicle lane

that traverses an adjacent State, be established in consultation with the adjacent State.

(3) EXCEPTIONS TO HOV OCCUPANCY REQUIREMENTS.— (A) MOTORCYCLES.—For the purpose of this subsection,

a motorcycle—

(i) shall not be considered to be a single occupant

vehicle; and

(ii) shall be allowed to use a high occupancy vehicle lane unless a responsible agency—

(I) certifies to the Secretary the use of a high

occupancy vehicle lane by a motorcycle would create a safety hazard; and

(II) restricts that the use of the high occupancy

vehicle lane by motorcycles.

(B) LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.— (i) DEFINITION OF LOW EMISSION AND ENERGY-EFFICIENT VEHICLE.—In this subparagraph, the term ‘low

emission and energy-efficient vehicle’ means a vehicle

that has been certified by the Administrator of the Environmental Protection Agency—

(I)(aa) to have a 45-mile per gallon or greater

fuel economy highway rating; or

(bb) to qualify as an alternative fueled vehicle

under section 301 of the Energy Policy Act of 1992

(42 U.S.C. 13211); and

(II) as meeting Tier II emission level established in regulations promulgated by the Administrator of the Environmental Protection Agency

under section 202(i) of the Clean Air Act (42

U.S.C. 7521(i)) for that make and model year vehicle.

(ii) EXEMPTION FOR LOW EMISSION AND ENERGY-EF- FICIENT VEHICLES.—A responsible agency may permit

qualifying low emission and energy-efficient vehicles

that do not meet applicable occupancy requirements (as

determined by the responsible agency) to use high occupancy vehicle lanes if the responsible agency—

(I) establishes a program that addresses how

those qualifying low emission and energy-efficient

vehicles are selected and certified;
127

(II) establishes requirements for labeling

qualifying low emission and energy-efficient vehicles (including procedures for enforcing those requirements);

(III) continuously monitors, evaluates, and reports to the Secretary on performance; and

(IV) imposes such restrictions on the use on

high occupancy vehicle lanes by vehicles that do

not satisfy established occupancy requirements as

are necessary to ensure that the performance of individual high occupancy vehicle lanes, and the entire high occupancy vehicle lane system, will not

become seriously degraded.

(C) TOLLING OF VEHICLES.—

(i) IN GENERAL.—A responsible agency may permit

vehicles, in addition to the vehicles described in paragraphs (A), (B), and (D) that do not satisfy established

occupancy requirements, to use a high occupancy vehicle lane only if the responsible agency charges those vehicles a toll.

(ii) APPLICABLE AUTHORITY.—In imposing a toll

under clause (i), a responsible agency shall—

(I) be subject to section 129;

(II) establish a toll program that addresses

ways in which motorists may enroll and participate in the program;

(III) develop, manage, and maintain a system

that will automatically collect the tolls from covered vehicles;

(IV) continuously monitor, evaluate, and report on performance of the system;

(V) establish such policies and procedures as

are necessary—

(aa) to vary the toll charged in order to

manage the demand for use of high occupancy

vehicle lanes; and

(bb) to enforce violations; and

(VI) establish procedures to impose such restrictions on the use of high occupancy vehicle

lanes by vehicles that do not satisfy established occupancy requirements as are necessary to ensure

that the performance of individual high occupancy

vehicle lanes, and the entire high occupancy vehicle lane system, will not become seriously degraded.

(D) DESIGNATED PUBLIC TRANSPORTATION VEHICLES.—

(i) DEFINITION OF DESIGNATED PUBLIC TRANSPORTATION VEHICLE.—In this subparagraph, the term ‘designated public transportation vehicle’ means a vehicle

that—

(I) provides designated public transportation

(as defined in section 221 of the Americans with

Disabilities Act of 1990 (42 U.S.C. 12141)); and
128

(II)(aa) is owned or operated by a public entity; or

(bb) is operated under a contract with a public

entity.

(ii) USE OF HIGH OCCUPANCY VEHICLE LANES.—A

responsible agency may permit designated public transportation vehicles that do not satisfy established occupancy requirements to use high occupancy vehicle lanes

if the responsible agency—

(I) requires the clear and identifiable labeling

of each designated public transportation vehicle

operating under a contract with a public entity

with the name of the public entity on all sides of

the vehicle;

(II) continuously monitors, evaluates, and reports on performance of those designated public

transportation vehicles; and

(III) imposes such restrictions on the use of

high occupancy vehicle lanes by designated public

transportation vehicles as are necessary to ensure

that the performance of individual high occupancy

vehicle lanes, and the entire high occupancy vehicle lane system, will not become seriously degraded.

(E) HOV LANE MANAGEMENT, OPERATION, AND MONI- TORING.—

(i) IN GENERAL.—A responsible agency that permits

any of the exceptions specified in this paragraph shall

comply with clauses (ii) and (iii).

(ii) PERFORMANCE MONITORING, EVALUATION, AND

REPORTING.—A responsible agency described in clause

(i) shall establish, manage, and support a performance

monitoring, evaluation, and reporting program under

which the responsible agency continuously monitors,

assesses, and reports on the effects that any vehicle permitted to use a high occupancy vehicle lane under an

exception under this paragraph may have on the operation of—

(I) individual high occupancy vehicle lanes;

and

(II) the entire high occupancy vehicle lane system.

(iii) OPERATION OF HOV LANE OR SYSTEM.—A responsible agency described in clause (i) shall limit use

of, or cease to use, any of the exceptions specified in

this paragraph if the presence of any vehicle permitted

to use a high occupancy vehicle lane under an exception under this paragraph seriously degrades the operation of—

(I) individual high occupancy vehicle lanes;

and

(II) the entire high occupancy vehicle lane system.

* * * * * * *
129

§ 103. Federal-aid systems

(a) IN GENERAL.—For the purposes of this title, the Federal-aid

systems are the Interstate System and the National Highway System.

(b) NATIONAL HIGHWAY SYSTEM.—

(1) * * *

* * * * * * *

(6) ELIGIBLE PROJECTS FOR NHS.—Subject to approval by

the Secretary, funds apportioned to a State under section

104(b)(1) for the National Highway System may be obligated

for any of the following:

(A) * * *

* * * * * * *

(M)(i) In accordance with all applicable Federal law

(including regulations), participation in natural habitat

and wetland mitigation efforts related to projects funded

under this title, which may include participation in natural habitat and wetland mitigation banks, contributions

to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetland, and development of statewide and regional natural habitat and wetland conservation and mitigation plans, including any such

banks, efforts, and plans authorized under the Water Resources Development Act of 1990 (Public Law 101–640)

(including crediting provisions). Contributions to the mitigation efforts described in the preceding sentence may

take place concurrent with or in advance of project construction; except that contributions in advance of project

construction may occur only if the efforts are consistent

with all applicable requirements of Federal law (including

regulations) and State transportation planning processes.

With respect to participation in a natural habitat or wetland mitigation effort related to a project funded under

this title that has an impact that occurs within the service

area of a mitigation bank, preference shall be given, to the

maximum extent practicable, to the use of the mitigation

bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance

with the Federal Guidance for the Establishment, Use and

Operation of Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other applicable Federal law (including regulations).

(ii) State habitat, streams, and wetlands mitigation efforts under section 155.

* * * * * * *

ø(P) In the Virgin Islands, Guam, American Samoa,

and the Commonwealth of the Northern Mariana Islands,

any project eligible for assistance under section 133, any

airport, and any seaport.¿

(P) Projects eligible for assistance under the territorial

highway program under section 215.
130

(Q) Environmental restoration and pollution abatement

in accordance with section 165.

(R) Control of invasive plant species and establishment

of native species in accordance with section 166.

(7) FREIGHT INTERMODAL CONNECTIONS TO THE NHS.— (A) FUNDING SET-ASIDE.—Of the funds apportioned to

a State for each fiscal year under section 104(b)(1), an

amount determined in accordance with subparagraph (B)

shall only be available to the State to be obligated for

projects on—

(i) National Highway System routes connecting to

intermodal freight terminals identified according to

criteria specified in the report to Congress entitled

‘Pulling Together: The National Highway System and

its Connections to Major Intermodal Terminals’ dated

May 24, 1996, referred to in paragraph (1), and any

modifications to the connections that are consistent

with paragraph (4);

(ii) strategic highway network connectors to strategic military deployment ports; and

(iii) projects to eliminate railroad crossings or

make railroad crossing improvements.

(B) DETERMINATION OF AMOUNT.—The amount of

funds for each State for a fiscal year that shall be set aside

under subparagraph (A) shall be equal to the greater of—

(i) the product obtained by multiplying—

(I) the total amount of funds apportioned to

the State under section 104(b)(1); by

(II) the percentage of miles that routes specified in subparagraph (A) constitute of the total

miles on the National Highway System in the

State; or

(ii) 2 percent of the annual apportionment to the

State of funds under 104(b)(1).

(C) EXEMPTION FROM SET-ASIDE.—For any fiscal year,

a State may obligate the funds otherwise set aside by this

paragraph for any project that is eligible under paragraph

(6) and is located in the State on a segment of the National

Highway System specified in paragraph (2), if the State

certifies and the Secretary concurs that—

(i) the designated National Highway System intermodal connectors described in subparagraph (A) are in

good condition and provide an adequate level of service

for military vehicle and civilian commercial vehicle

use; and

(ii) significant needs on the designated National

Highway System intermodal connectors are being met

or do not exist.

(c) INTERSTATE SYSTEM.— (1) * * *

* * * * * * *

(4) INTERSTATE SYSTEM DESIGNATIONS.— (A) ADDITIONS.—If the Secretary determines that a

highway on the National Highway System meets all stand-
131

ards of a highway on the Interstate System and that the

highway is a logical addition or connection to the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway

is located, designate the highway as a route on the Interstate System.

(B) DESIGNATIONS AS FUTURE INTERSTATE SYSTEM

ROUTES.—

(i) IN GENERAL.—If the Secretary determines that

a highway on the National Highway System would be

a logical addition or connection to the Interstate System and would qualify for designation as a route on

the Interstate System under subparagraph (A) if the

highway met all standards of a highway on the Interstate System, the Secretary may, upon the affirmative

recommendation of the State or States in which the

highway is located, designate the highway as a future

Interstate System route.

(ii) WRITTEN AGREEMENT OF STATES.—A designation under clause (i) shall be made only upon the written agreement of the State or States described in such

clause that the highway will be constructed to meet all

standards of a highway on the Interstate System by

the date that is ø12¿ 20 years after the date of the

agreement.

(iii) REMOVAL OF DESIGNATION.— (I) IN GENERAL.—If the State or States described in clause (i) have not substantially completed the construction of a highway designated

under this subparagraph within the time provided

for øin the agreement between the Secretary and

the State or States¿ under clause (ii), the Secretary shall remove the designation of the highway as a future Interstate System route.

(II) EFFECT OF REMOVAL.—Removal of the

designation of a highway under subclause (I) shall

not preclude the Secretary from designating the

highway as a route on the Interstate System

under subparagraph (A) or under any other provision of law providing for addition to the Interstate

System.

(III) EXISTING AGREEMENTS.—An agreement

described in clause (ii) that is entered into before

the date of enactment of this subparagraph shall

be deemed to include the 20-year time limitation

described in that clause, regardless of any earlier

construction completion date in the agreement.

(iv) PROHIBITION ON REFERRAL AS INTERSTATE SYS- TEM ROUTE.—No law, rule, regulation, map, document,

or other record of the United States, or of any State

or political subdivision of a State, shall refer to any

highway designated as a future Interstate System

route under this subparagraph, nor shall any such

highway be signed or marked, as a highway on the
132

Interstate System until such time as the highway is

constructed to the geometric and construction standards for the Interstate System and has been designated as a route on the Interstate System.

(C) FINANCIAL RESPONSIBILITY.—Except as provided in

this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway.

(5) EXEMPTION OF INTERSTATE SYSTEM.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), the Interstate System shall not be considered to be a

historic site under section 303 of title 49 or section 138 of

this title, regardless of whether the Interstate System or

portions of the Interstate System are listed on, or eligible

for listing on, the National Register of Historic Places.

(B) INDIVIDUAL ELEMENTS.—A portion of the Interstate

System that possesses an independent feature of historic

significance, such as a historic bridge or a highly significant engineering feature, that would qualify independently

for listing on the National Register of Historic Places, shall

be considered to be a historic site under section 303 of title

49 or section 138 of this title, as applicable.

* * * * * * *

§ 104. Apportionment

ø(a) ADMINISTRATIVE EXPENSES.—

ø(1) IN GENERAL.—Whenever an apportionment is made of

the sums made available for expenditure on each of the surface

transportation program under section 133, the bridge program

under section 144, the congestion mitigation and air quality

improvement program under section 149, the Interstate and

National Highway System program, the minimum guarantee

program under section 105, the Federal lands highway program under section 204, or the Appalachian development highway system program under section 14501 of title 40, the Secretary shall deduct a sum, in an amount not to exceed—

ø(A) 1 1/6 percent of all sums so made available, as

the Secretary determines necessary—

ø(i) to administer the provisions of law to be financed from appropriations for the Federal-aid highway program and programs authorized under chapter

2; and

ø(ii) 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; and

ø(B) one-third of 1 percent of all sums so made available, as the Secretary determines necessary, to administer

the provisions of law to be financed from appropriations

for motor carrier safety programs and motor carrier safety

research.
133

ø(2) CONSIDERATION OF UNOBLIGATED BALANCES.—In making the determination described in paragraph (1), the Secretary

shall take into account the unobligated balance of any sums

deducted under this subsection in prior fiscal years.

ø(3) AVAILABILITY.—The sum deducted under paragraph

(1) shall remain available until expended.

ø(4) LIMITATION ON TRANSFERABILITY.—Unless expressly

authorized by law, the Secretary may not transfer any sums

deducted under paragraph (1) to a Federal agency or entity

other than the Federal Highway Administration and the Federal Motor Carrier Safety Administration.¿

(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 of Transportation

for administrative expenses of the Federal Highway

Administration—

(1) $415,283,019 for fiscal year 2005;

(2) $428,679,245 for fiscal year 2006;

(3) $442,075,472 for fiscal year 2007;

(4) $455,471,698 for fiscal year 2008; and

(5) $468,867,925 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.

(b) APPORTIONMENTS.—On October 1 of each fiscal year, the

Secretary, after making øthe deduction authorized by subsection (a)

and¿ the set-aside authorized by subsection (f), shall apportion the

remainder of the sums authorized to be appropriated for expenditure on the Interstate and National Highway System program, the

Congestion Mitigation and Air Quality Improvement program, the

highway safety improvement program, and the Surface Transportation program for that fiscal year, among the several States in the

following manner:

(1) NATIONAL HIGHWAY SYSTEM COMPONENT.—

(A) IN GENERAL.—For the National Highway System

(excluding funds apportioned under paragraph (4)),

ø$36,400,000¿ $44,654,088 for each fiscal year øto the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands¿ for the territorial

highway program authorized under section 215,

$18,800,000 for each of fiscal years ø1998 through 2002¿

2005 through 2009 for the Alaska Highway, and the remainder apportioned as follows:

(i) 25 percent in the ratio that—
134

(I) the total lane miles of principal arterial

routes (excluding Interstate System routes) in

each State; bears to

(II) the total lane miles of principal arterial

routes (excluding Interstate System routes) in all

States.

(ii) 35 percent in the ratio that—

(I) the total vehicle miles traveled on lanes on

principal arterial routes (excluding Interstate System routes) in each State; bears to

(II) the total vehicle miles traveled on lanes

on principal arterial routes (excluding Interstate

System routes) in all States.

(iii) 30 percent in the ratio that—

(I) the total diesel fuel used on highways in

each State; bears to

(II) the total diesel fuel used on highways in

all States.

(iv) 10 percent in the ratio that—

(I) the quotient obtained by dividing the total

lane miles on principal arterial highways in each

State by the total population of the State; bears to

(II) the quotient obtained by dividing the total

lane miles on principal arterial highways in all

States by the total population of all States.

(B) MINIMUM APPORTIONMENT.—Notwithstanding subparagraph (A) and paragraph (4), each State shall receive

a minimum of 1/2 of 1 percent of the funds apportioned

under subparagraph (A) and paragraph (4).

(2) Congestion mitigation and air quality improvement

program.—

(A) IN GENERAL.—For the congestion mitigation and

air quality improvement program, in the ratio that—

(i) the total of all weighted nonattainment and

maintenance area populations in each State; bears to

(ii) the total of all weighted nonattainment and

maintenance area populations in all States.

(B) CALCULATION OF WEIGHTED NONATTAINMENT AND

MAINTENANCE AREA POPULATION.—Subject to subparagraph

(C), for the purpose of subparagraph (A), the weighted

nonattainment and maintenance area population shall be

calculated by multiplying the population of each area in a

State that was a nonattainment area or maintenance area

as described in section 149(b) for øozone or carbon monoxide¿ ozone, carbon monoxide, or fine particulate matter

(PM2.5) by a factor of—

ø(i) 0.8 if—¿

(i) 1.0, if at the time of apportionment, the area is

a maintenance area;

(I) at the time of the apportionment, the area

is a maintenance area; or

(II) at the time of the apportionment, the area

is classified as a submarginal ozone nonattain-
135

ment area under the Clean Air Act (42 U.S.C.

7401 et seq.);

(ii) 1.0 if, at the time of the apportionment, the

area is classified as a marginal ozone nonattainment

area under subpart 2 of part D of title I of the Clean

Air Act (42 U.S.C. 7511 et seq.);

(iii) 1.1 if, at the time of the apportionment, the

area is classified as a moderate ozone nonattainment

area under such subpart;

(iv) 1.2 if, at the time of the apportionment, the

area is classified as a serious ozone nonattainment

area under such subpart;

(v) 1.3 if, at the time of the apportionment, the

area is classified as a severe ozone nonattainment

area under such subpart;

(vi) 1.4 if, at the time of the apportionment, the

area is classified as an extreme ozone nonattainment

area under such subpart; øor¿

(vii) 1.0 if, at the time of the apportionment, the

area is not a nonattainment or maintenance øarea as

described in section 149(b) for ozone,¿ area for ozone

(as described in section 149(b) or for PM–2.5 but is

classified under subpart 3 of part D of title I of such

Act (42 U.S.C. 7512 et seq.) as a nonattainment area

described in section 149(b) for carbon monoxideø.¿ ;

(viii) 1.0 if, at the time of apportionment, any

county that is not designated as a nonattainment or

maintenance area under the 1-hour ozone standard is

designated as nonattainment under the 8-hour ozone

standard; or

(ix) 1.2 if, at the time of apportionment, the area

is not a nonattainment or maintenance area as described in section 149(b) for ozone or carbon monoxide,

but is an area designated nonattainment under the

PM–2.5 standard.

ø(C) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE

AREAS.—ø(i) CARBON MONOXIDE NONATTAINMENT AREAS.— If, in addition to being classified as a nonattainment

or maintenance area for ozone, the area was also classified under subpart 3 of part D of title I of such Act

(42 U.S.C. 7512 et seq.) as a nonattainment area described in section 149(b) for carbon monoxide, the

weighted nonattainment or maintenance area population of the area, as determined under clauses (i)

through (vi) of subparagraph (B), shall be further multiplied by a factor of 1.2.

ø(ii) CARBON MONOXIDE MAINTENANCE AREAS.—If,

in addition to being classified as a nonattainment or

maintenance area for ozone, the area was at one time

also classified under subpart 3 of part D of title I of

such Act (42 U.S.C. 7512 et seq.) as a nonattainment

area described in section 149(b) for carbon monoxide

but has been redesignated as a maintenance area, the
136

weighted nonattainment or maintenance area population of the area, as determined under clauses (i)

through (vi) of subparagraph (B), shall be further multiplied by a factor of 1.1.¿

(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.

(D) ADDITIONAL ADJUSTMENT FOR PM 2.5 AREAS.—If, in

addition to being designated as a nonattainment or maintenance area for ozone or carbon monoxide, or both as described in section 149(b), any county within the area was

also designated under the PM–2.5 standard as a nonattainment or maintenance area, the weighted nonattainment or

maintenance area population of those counties shall be further multiplied by a factor of 1.2.

ø(D)¿ (E) MINIMUM APPORTIONMENT.—Notwithstanding any other provision of this paragraph, each State

shall receive a minimum of 1/2 of 1 percent of the funds

apportioned under this paragraph.

ø(E)¿ (F) DETERMINATIONS OF POPULATION.—In determining population figures for the purposes of this paragraph, the Secretary shall use the latest available annual

estimates prepared by the Secretary of Commerce.

(3) SURFACE TRANSPORTATION PROGRAM.—

(A) IN GENERAL.—For the surface transportation program, in accordance with the following formula:

(i) 25 percent of the apportionments in the ratio

that—

(I) the total lane miles of Federal-aid highways in each State; bears to

(II) the total lane miles of Federal-aid highways in all States.

(ii) 40 percent of the apportionments in the ratio

that—

(I) the total vehicle miles traveled on lanes on

Federal-aid highways in each State; bears to

(II) the total vehicle miles traveled on lanes

on Federal-aid highways in all States.

(iii) 35 percent of the apportionments in the ratio

that—

(I) the estimated tax payments attributable to

highway users in each State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are

available; bears to
137

(II) the estimated tax payments attributable

to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are

available.

(B) MINIMUM APPORTIONMENT.—Notwithstanding subparagraph (A), each State shall receive a minimum of 1/2

of 1 percent of the funds apportioned under this paragraph.

(4) INTERSTATE MAINTENANCE COMPONENT.—For resurfacing, restoring, rehabilitating, and reconstructing the Interstate System—

(A) 33 1/3 percent in the ratio that—

(i) the total lane miles on Interstate System

routes open to traffic in each State; bears to

(ii) the total of all such lane miles in all States;

(B) 33 1/3 percent in the ratio that—

(i) the total vehicle miles traveled on Interstate

System routes open to traffic in each State; bears to

(ii) the total of all such vehicle miles traveled in

all States; and

(C) 33 1/3 percent in the ratio that—

(i) the total of each State’s annual contributions to

the Highway Trust Fund (other than the Mass Transit

Account) attributable to commercial vehicles; bears to

(ii) the total of such annual contributions by all

States.

(5) HIGHWAY SAFETY IMPROVEMENT PROGRAM.— (A) IN GENERAL.—For the highway safety improvement

program, in accordance with the following formula:

(i) 25 percent of the apportionments in the ratio

that—

(I) the total lane miles of Federal-aid highways in each State; bears to

(II) the total lane miles of Federal-aid highways in all States.

(ii) 40 percent of the apportionments in the ratio

that—

(I) the total vehicle miles traveled on lanes on

Federal-aid highways in each State; bears to

(II) the total vehicle miles traveled on lanes on

Federal-aid highways in all States.

(iii) 35 percent of the apportionments in the ratio

that—

(I) the estimated tax payments attributable to

highway users in each State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are

available; bears to

(II) the estimated tax payments attributable to

highway users in all States paid into the Highway

Trust Fund (other than the Mass Transit Account)

in the latest fiscal year for which data are available.
138

(B) MINIMUM APPORTIONMENT.—Notwithstanding subparagraph (A), each State shall receive a minimum of 1⁄2

of 1 percent of the funds apportioned under this paragraph.

* * * * * * *

(d) OPERATION LIFESAVER AND HIGH SPEED RAIL CORRIDORS.—

(1) OPERATION LIFESAVER.—Before making an apportionment under øsubsection (b)(3)¿ subsection (b)(5) of this section

for a fiscal year, the Secretary shall set aside ø$500,000¿

$535,849 for such fiscal year for carrying 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.

* * * * * * *

(e) CERTIFICATION OF APPORTIONMENTS.— (1) IN GENERAL.—On October 1 of each fiscal year the Secretary shall certify to each of the State transportation departments the sums which he has apportioned hereunder to each

State for such fiscal yearø, and also the sums which he has deducted for administration pursuant to subsection (a) of this

section¿. To permit the States to develop adequate plans for

the utilization of apportioned sums, the Secretary shall advise

each State of the amount that will be apportioned each year

under this section not later than ninety days before the beginning of the fiscal year for which the sums to be apportioned are

authorized, except that in the case of the Interstate System the

Secretary shall advise each State ninety days prior to the apportionment of such funds.

* * * * * * *

(f) METROPOLITAN PLANNING.—

ø(1) SET-ASIDE.—On October 1 of each fiscal year, the Secretary, after making the deduction authorized by subsection (a)

of this section, shall set aside not to exceed 1 percent of the

remaining funds authorized to be appropriated for expenditure

upon programs authorized under this title, for the purpose of

carrying out the requirements of section 134 of this title.¿

(1) SET-ASIDE.—On October 1 of each fiscal year, the Secretary shall set aside 1.5 percent of the funds authorized to be

appropriated for the Interstate maintenance, national highway

system, surface transportation, congestion mitigation and air

quality improvement, highway safety improvement, and highway bridge programs authorized under this title to carry out

the requirements of section 134.

(2) APPORTIONMENT TO STATES OF SET-ASIDE FUNDS.—

These funds shall be apportioned to the States in the ratio

which the population in urbanized areas or parts thereof, in

each State bears to the total population in such urbanized

areas in all the States as shown by the latest available census,

except that no State shall receive less than one-half øper centum¿ percent of the amount apportioned.

(3) USE OF FUNDS.—øThe funds¿

(A) IN GENERAL.—The funds apportioned to any State

under paragraph (2) of this subsection shall be made avail-
139

able by the State to the metropolitan planning organizations responsible for carrying out the provisions of section

134 of this title, except that States receiving the minimum

apportionment under paragraph (2) may, in addition, subject to the approval of the Secretary, use the funds apportioned to finance transportation planning outside of urbanized areas. øThese funds shall be matched in accordance

with section 120(b) unless the Secretary determines that

the interests of the Federal-aid highway program would be

best served without such matching.¿

(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.

(4) DISTRIBUTION OF FUNDS WITHIN STATES.—The distribution within any State of the planning funds made available to

agencies under paragraph (3) of this subsection shall be in accordance with a formula developed by each State and approved

by the Secretary which shall consider but not necessarily be

limited to, population, status of planning, attainment of air

quality standards, metropolitan area transportation needs, and

other factors necessary to provide for an appropriate distribution of funds to carry out the requirements of section 134 and

other applicable requirements of Federal law.

(5) DETERMINATION OF POPULATION FIGURES.—For the purposes of determining population figures under this subsection,

the Secretary shall use the most recent estimate published by

the Secretary of Commerce.

(6) FEDERAL SHARE.—Funds apportioned to a State under

this subsection shall be matched in accordance with section

120(b) unless the Secretary determines that the interests of the

Federal-aid highway program would be best served without the

match.

(g) Not more than 40 per centum of the amount apportioned

in any fiscal year to each State in accordance with øsections 130,

144, and 152 of this title¿ sections 130 and 144 may be transferred

from the apportionment under one section to the apportionment

under any other of such sections if such a transfer is requested by

the State transportation department and is approved by the Secretary as being in the public interest. The Secretary may approve

the transfer of 100 per centum of the apportionment under one

such section to the apportionment under any other of such sections

if such transfer is requested by the State transportation department, and is approved by the Secretary as being in the public interest, if he has received satisfactory assurances from such State

transportation department that the purposes of the program from

which such funds are to be transferred have been met. A State may

transfer not to exceed 50 percent of the State’s apportionment

under section 144 in any fiscal year to the apportionment of such

State under subsection (b)(1) or subsection (b)(3) of this section.

Any transfer to subsection (b)(3) shall not be subject to section

133(d). Nothing in this subsection authorizes the transfer of any

amount apportioned from the Highway Trust Fund to any apportionment the funds for which were not from the Highway Trust
140

Fund, and nothing in this subsection authorizes the transfer of any

amount apportioned from funds not from the Highway Trust Fund

to any apportionment the funds for which were from the Highway

Trust Fund.

(h) RECREATIONAL TRAILS PROGRAM.—

(1) ADMINISTRATIVE COSTS.—øWhenever¿

(A) IN GENERAL.—In any case in which an apportionment is made of the sums authorized to be appropriated

to carry out the recreational trails program under section

206, the Secretary shall deduct an amount, not to exceed

1 1/2 percent of the sums authorized, to cover the cost to

the Secretary for administration of and øresearch and

technical assistance under the recreational trails program

and for administration of the National Recreational Trails

Advisory Committee¿ research, technical assistance, and

training under the recreational trails program. øThe Secretary¿

(B) CONTRACTS AND AGREEMENTS.—The Secretary may

enter into contracts with for-profit organizations or contracts, partnerships, or cooperative agreements with other

government agencies, institutions of higher learning, or

nonprofit organizations to perform these tasks.

* * * * * * *

(i) AUDITS OF HIGHWAY TRUST FUND.—From administrative

funds ødeducted¿ made available under subsection (a), the Secretary may reimburse the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31.

* * * * * * *

ø(k) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.—

ø(1) TRANSFER OF HIGHWAY FUNDS.—Funds made available

under this title and transferred for transit projects of a type

described in section 133(b)(2) shall be administered by the Secretary in accordance with chapter 53 of title 49, except that the

provisions of this title relating to the non-Federal share shall

apply to the transferred funds.

ø(2) TRANSFER OF TRANSIT FUNDS.—Funds made available

under chapter 53 of title 49 and transferred for highway

projects shall be administered by the Secretary in accordance

with this title, except that the provisions of such chapter relating to the non-Federal share shall apply to the transferred

funds.

ø(3) TRANSFER OF OBLIGATION AUTHORITY.—Obligation authority provided for projects described in paragraphs (1) and

(2) shall be transferred in the same manner and amount as the

funds for the projects are transferred.

(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 adminis-
141

tered 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 transferred funds.

(2) TRANSFER OF TRANSIT FUNDS FOR HIGHWAY

PROJECTS.—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.

(3) TRANSFER OF HIGHWAY FUNDS TO OTHER FEDERAL AGENCIES.—

(A) IN GENERAL.—Except as provided in clauses (i) and

(ii) and subparagraph (B), funds made available under this

title or any other Act that are derived from Highway Trust

Fund (other than the Mass Transit account) may be transferred to another Federal agency if—

(i)(I) an expenditure is specifically authorized in

Federal-aid highway legislation or as a line item in an

appropriation act; or

(II) a State transportation department consents to

the transfer of funds;

(ii) the Secretary determines, after consultation

with the State transportation department (as appropriate), that the Federal agency should carry out a

project with the funds; and

(iii) the other Federal agency agrees to accept the

transfer of funds and to administer the project.

(B) ADMINISTRATION.—

(i) PROCEDURES.—A project carried out with funds

transferred to a Federal agency under subparagraph

(A) shall be administered by the Federal agency under

the procedures of the Federal agency.

(ii) APPROPRIATIONS.—Funds transferred to a Federal agency under subparagraph (A) shall not be considered an augmentation of the appropriations of the

Federal agency.

(iii) NON-FEDERAL SHARE.—The provisions of this

title, or an Act described in subparagraph (A), relating

to the non-Federal share shall apply to a project carried out with the transferred funds, unless the Secretary determines that it is in the best interest of the

United States that the non-Federal share be waived.

(4) TRANSFER OF FUNDS AMONG STATES OR TO FEDERAL

HIGHWAY ADMINISTRATION.—

(A) IN GENERAL.—Subject to subparagraphs (B)

through (D), the Secretary may, at the request of a State,

transfer funds apportioned or allocated to the State to another State, or to the Federal Highway Administration, for

the purpose of funding 1 or more specific projects.

(B) ADMINISTRATION.—The transferred funds shall be

used for the same purpose and in the same manner for

which the transferred funds were authorized.
142

(C) APPORTIONMENT.—The transfer shall have no effect

on any apportionment formula used to distribute funds to

States under this section or section 105 or 144.

(D) 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)(2) may be transferred under this paragraph only if

the metropolitan planning organization designated for the

area concurs, in writing, with the transfer request.

(5) 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 are transferred under this subsection.

* * * * * * *

(m) PLANNING CAPACITY BUILDING INITIATIVE.—

(1) IN GENERAL.—The Secretary shall carry out a planning

capacity building initiative to support enhancements in transportation planning to—

(A) strengthen the processes and products of metropolitan and statewide transportation planning under this title;

(B) enhance tribal capacity to conduct joint transportation planning under chapter 2;

(C) participate in the metropolitan and statewide

transportation planning programs under this title; and

(D) increase the knowledge and skill level of participants in metropolitan and statewide transportation.

(2) PRIORITY.—The Secretary shall give priority to planning

practices and processes that support—

(A) the transportation elements of homeland security

planning, including—

(i) training and best practices relating to emergency evacuation;

(ii) developing materials to assist areas in coordinating emergency management and transportation officials; and

(iii) developing training on how planning organizations may examine security issues;

(B) performance-based planning, including—

(i) data and data analysis technologies to be

shared with States, metropolitan planning organizations, local governments, and nongovernmental organizations that—

(I) participate in transportation planning;

(II) use the data and data analysis to engage

in metropolitan, tribal, or statewide transportation

planning;

(III) involve the public in the development of

transportation plans, projects, and alternative scenarios; and

(IV) develop strategies to avoid, minimize, and

mitigate the impacts of transportation facilities

and projects; and
143

(ii) improvement of the quality of congestion management systems, including the development of—

(I) a measure of congestion;

(II) a measure of transportation system reliability; and

(III) a measure of induced demand;

(C) safety planning, including—

(i) development of State strategic safety plans consistent with section 148;

(ii) incorporation of work zone safety into planning; and

(iii) training in the development of data systems

relating to highway safety;

(D) operations planning, including—

(i) developing training of the integration of transportation system operations and management into the

transportation planning process; and

(ii) training and best practices relating to regional

concepts of operations;

(E) freight planning, including—

(i) modeling of freight at a regional and statewide

level; and

(ii) techniques for engaging the freight community

with the planning process;

(F) air quality planning, including—

(i) assisting new and existing nonattainment and

maintenance areas in developing the technical capacity

to perform air quality conformity analysis;

(ii) providing training on areas such as modeling

and data collection to support air quality planning and

analysis;

(iii) developing concepts and techniques to assist

areas in meeting air quality performance timeframes;

and

(iv) developing materials to explain air quality

issues to decisionmakers and the public; and

(G) integration of environment and planning.

(3) USE OF FUNDS.—The Secretary shall use amounts made

available under paragraph (4) to make grants to, or enter into

contracts, cooperative agreements, and other transactions with,

a Federal agency, State agency, local agency, federally recognized Indian tribal government or tribal consortium, authority,

association, nonprofit or for-profit corporation, or institution of

higher education for research, program development, information collection and dissemination, and technical assistance.

(4) SET-ASIDE.—

(A) IN GENERAL.—On October 1 of each fiscal year, of

the funds made available under subsection (a), the Secretary shall set aside $3,572,327 to carry out this subsection.

(B) FEDERAL SHARE.—The Federal share of the cost of

an activity carried out using funds made available under

subparagraph (A) shall be 100 percent.
144

(C) AVAILABILITY.—Funds made available under subparagraph (A) shall remain available until expended.

(n) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—On October 1

of each of fiscal years 2005 through 2009, the Secretary, after making the deductions authorized by subsections (a) and (f), shall set

aside $446,541 of the remaining funds apportioned under subsection (b)(3) for use in carrying out the bicycle and pedestrian safety grant program under section 217.

ø§ 105. Minimum guarantee

ø(a) GENERAL RULE.—For each of fiscal years 1998 through

2003, the Secretary shall allocate among the States amounts sufficient to ensure that each State’s percentage of the total apportionments for such fiscal year of Interstate maintenance, national highway system, bridge, congestion mitigation and air quality improvement, surface transportation, metropolitan planning, minimum

guarantee, high priority projects, Appalachian development highway system, and recreational trails programs shall equal the percentage listed for each State in subsection (b). The minimum

amount allocated to a State under this section for a fiscal year

shall be $1,000,000.

ø(b) STATE PERCENTAGES.—The percentage for each State referred to in subsection (a) shall be determined in accordance with

the following table:

øStates: Percentage

øAlabama .................................................................................................. 2.0269

øAlaska ...................................................................................................... 1.1915

øArizona .................................................................................................... 1.5581

øArkansas ................................................................................................. 1.3214

øCalifornia ................................................................................................ 9.1962

øColorado .................................................................................................. 1.1673

øConnecticut ............................................................................................. 1.5186

øDelaware ................................................................................................. 0.4424

øDistrict of Columbia ............................................................................... 0.3956

øFlorida ..................................................................................................... 4.6176

øGeorgia .................................................................................................... 3.5104

øHawaii ..................................................................................................... 0.5177

øIdaho ........................................................................................................ 0.7718

øIllinois ...................................................................................................... 3.3819

øIndiana .................................................................................................... 2.3588

øIowa ......................................................................................................... 1.2020

øKansas ..................................................................................................... 1.1717

øKentucky ................................................................................................. 1.7365

øLouisiana ................................................................................................. 1.5900

øMaine ....................................................................................................... 0.5263

øMaryland ................................................................................................. 1.5087

øMassachusetts ......................................................................................... 1.8638

øMichigan .................................................................................................. 3.1535

øMinnesota ................................................................................................ 1.4993

øMississippi ............................................................................................... 1.2186

øMissouri ................................................................................................... 2.3615

øMontana .................................................................................................. 0.9929

øNebraska ................................................................................................. 0.7768

øNevada ..................................................................................................... 0.7248

øNew Hampshire ...................................................................................... 0.5163

øNew Jersey .............................................................................................. 2.5816

øNew Mexico ............................................................................................. 0.9884

øNew York ................................................................................................ 5.1628

øNorth Carolina ........................................................................................ 2.8298

øNorth Dakota .......................................................................................... 0.6553

øOhio ......................................................................................................... 3.4257
145

øStates: Percentage

øOklahoma ................................................................................................ 1.5419

øOregon ..................................................................................................... 1.2183

øPennsylvania ........................................................................................... 4.9887

øRhode Island ........................................................................................... 0.5958

øSouth Carolina ........................................................................................ 1.5910

øSouth Dakota .......................................................................................... 0.7149

øTennessee ................................................................................................ 2.2646

øTexas ....................................................................................................... 7.2131

øUtah ......................................................................................................... 0.7831

øVermont ................................................................................................... 0.4573

øVirginia .................................................................................................... 2.5627

øWashington ............................................................................................. 1.7875

øWest Virginia .......................................................................................... 1.1319

øWisconsin ................................................................................................ 1.9916

øWyoming .................................................................................................. 0.6951

ø(c) TREATMENT OF FUNDS.— ø(1) PROGRAMMATIC DISTRIBUTION.—The Secretary shall

apportion the amounts made available under this section that

exceed $2,800,000,000 so that the amount apportioned to each

State under this paragraph for each program referred to in

subsection (a) (other than metropolitan planning, minimum

guarantee, high priority projects, Appalachian development

highway system, and recreational trails programs) is equal to

the amount determined by multiplying the amount to be apportioned under this paragraph by the ratio that—

ø(A) the amount of funds apportioned to each State for

each program referred to in subsection (a) (other than metropolitan planning, minimum guarantee, high priority

projects, Appalachian development highway system, and

recreational trails programs) for a fiscal year; bears to

ø(B) the total amount of funds apportioned to each

State for such program for such fiscal year.

ø(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 requirements of paragraphs (1), (2), and (3) of section

133(d) shall not apply to amounts administered pursuant to

this paragraph.

ø(d) AUTHORIZATION.—There are authorized to be appropriated

out of the Highway Trust Fund (other than the Mass Transit Account) such sums as may be necessary to carry out this section for

each of fiscal years 1998 through 2003.

ø(e) SPECIAL RULE.—If in any of fiscal years 1999 through

2003, the amount authorized under subsection (d) is more than 30

percent higher than the amount authorized under subsection (d) in

fiscal year 1998, the Secretary shall use the apportionment factors

under sections 104 and 144 as in effect on the date of enactment

of this section.

ø(f) GUARANTEE OF 90.5 RETURN.— ø(1) IN GENERAL.—Before making any apportionment

under this title for each of fiscal years 1999 through 2003, the

Secretary, subject to paragraph (2), shall adjust the percentages in the table in subsection (b) to reflect the estimated percentage of estimated tax payments attributable to highway

users in each State paid into the Highway Trust Fund (other

than the Mass Transit Account) in the latest fiscal year for
146

which data is available, to ensure that no State’s percentage

return from such Trust Fund is less than 90.5 percent.

ø(2) ELIGIBILITY THRESHOLD FOR INITIAL ADJUSTMENT.— The Secretary may make an adjustment under paragraph (1)

for a State for a fiscal year only if the State’s percentage return from the Highway Trust Fund (other than the Mass Transit Account) in the table in subsection (b) was equal to 90.5

percent.

ø(3) CONFORMING ADJUSTMENTS.—After making any adjustments under paragraph (1) for a fiscal year, the Secretary

shall proportionately adjust the remaining percentages in the

table in subsection (b) to ensure that the total of the percentages in the table is equal to 100 percent for such fiscal year.

ø(4) LIMITATION ON ADJUSTMENTS.—After making any adjustments under paragraph (3) for a fiscal year, the Secretary

shall determine whether or not any State’s percentage return

from the Highway Trust Fund (other than the Mass Transit

Account) is less than 90.5 percent as a result of such adjustments and shall adjust the percentages in the table for such

fiscal year accordingly. Adjustments of the percentages in the

table under this paragraph may not result in the total of such

percentages exceeding 100 percent.

§ 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 bridge 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) (other than planning programs funded by amounts

provided under the equity bonus program under this section);

(H) the infrastructure performance and maintenance

program under section 139;

(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;
147

(L) the safe routes to schools program under section

150; and

(M) the rail-highway grade crossing program under

section 130.

(b) STATE PERCENTAGE.— (1) IN GENERAL.—The percentage referred to in subsection

(a) for each State shall be—

(A) 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

(B) for a State with a total population density of less

than 20 persons per square mile, as reported in the decennial census conducted by the Federal Government in 2000,

a total population of less than 1,000,000, as reported in

that decennial census, a median household income of less

than $35,000, as reported in that decennial census, or a

State with a fatality rate during 2002 on Interstate highways that is greater than 1 fatality for each 100,000,000 vehicle miles traveled on Interstate highways, the greater of—

(i) the percentage under paragraph (1); 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 Safe, Accountable, Flexible, and Efficient

Transportation Equity Act of 2005)—

(A) the Interstate maintenance program under section

119;

(B) the national highway system program under section 103;

(C) the bridge 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).
148

(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 110 percent of the average for fiscal

years 1998 through 2003 of the annual apportionments for the

State for all programs specified in subsection (b)(2).

(2) NO NEGATIVE ADJUSTMENT.—Notwithstanding subsection (d), no negative adjustment shall be made under subsection (a)(1) to the apportionment of any State.

(3) MINIMUM SHARE OF TAX PAYMENTS.—Notwithstanding

subsection (d), for each fiscal year, the Secretary shall allocate

among the States amounts sufficient to ensure that no State receives a percentage of apportionments for the fiscal year for the

programs specified in subsection (a)(2) that is less than 90.5

percent of the percentage share of the State of 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.

(d) LIMITATION ON ADJUSTMENTS.— (1) IN GENERAL.—Except as provided in paragraphs (2) and

(3) of subsection (c), no State shall receive, for any fiscal year,

additional amounts under subsection (a)(1) if—

(A) the total apportionments of the State for the fiscal

year for the programs specified in subsection (a)(2); exceed

(B) the percentage of the average, for the period of fiscal years 1998 through 2003, of the annual apportionments

of the State for all programs specified in subsection (b)(2),

as specified in paragraph (2).

(2) PERCENTAGES.—The percentages referred to in paragraph (1)(B) are—

(A) for fiscal year 2005, 119 percent;

(B) for fiscal year 2006, 122 percent;

(C) for fiscal year 2007, 123 percent;

(D) for fiscal year 2008, 128 percent; and

(E) for fiscal year 2009, 250 percent.

(e) PROGRAMMATIC DISTRIBUTION OF FUNDS.—The Secretary

shall apportion the amounts made available under this section so

that the amount apportioned to each State under this section for

each program referred to in subparagraphs (A) through (G) of subsection (a)(2) is equal to the amount determined by multiplying the

amount to be apportioned under this section by the proportion

that—

(1) the amount of funds apportioned to each State for each

program referred to in subparagraphs (A) through (G) of subsection (a)(2) for a fiscal year; bears to

(2) the total amount of funds apportioned to each State for

all such programs for the fiscal year.

(f) METRO PLANNING SET ASIDE.—Notwithstanding section

104(f), no set aside provided for under that section shall apply to

funds allocated under this section.
149

(g) 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.

§ 106. Project approval and oversight

(a) * * *

* * * * * * *

ø(e) VALUE ENGINEERING ANALYSIS.—For such projects as the

Secretary determines advisable, plans, specifications, and estimates

for proposed projects on any Federal-aid highway shall be accompanied by a value engineering analysis or other cost reduction

analysis.¿

(e) VALUE ENGINEERING ANALYSIS.—

(1) DEFINITION OF VALUE ENGINEERING ANALYSIS.—

(A) IN GENERAL.—In this subsection, the term ‘value

engineering analysis’ means a systematic process of review

and analysis of a project, during the concept and design

phases, by a multidisciplined team of persons not involved

in the project, that is conducted to provide recommendations such as those described in subparagraph (B) for—

(i) providing the needed functions safely, reliably,

and at the lowest overall cost;

(ii) improving the value and quality of the project;

and

(iii) reducing the time to complete the project.

(B) INCLUSIONS.—The recommendations referred to in

subparagraph (A) include, with respect to a project—

(i) combining or eliminating otherwise inefficient

use of costly parts of the original proposed design for

the project; and

(ii) completely redesigning the project using different technologies, materials, or methods so as to accomplish the original purpose of the project.

(2) ANALYSIS.—The State shall provide a value engineering

analysis or other cost-reduction analysis for—

(A) each project on the Federal-Aid System with an estimated total cost of $25,000,000 or more;

(B) a bridge project with an estimated total cost of

$20,000,000 or more; and

(C) any other project the Secretary determines to be appropriate.

(3) MAJOR PROJECTS.—The Secretary may require more

than 1 analysis described in paragraph (2) for a major project

described in subsection (h).

(4) REQUIREMENTS.—Analyses described in paragraph (1)

for a bridge project shall—

(A) include bridge substructure requirements based on

construction material; and

(B) be evaluated—

(i) on engineering and economic bases, taking into

consideration acceptable designs for bridges; and
150

(ii) using an analysis of life-cycle costs and duration of project construction.

* * * * * * *

ø(g) VALUE ENGINEERING FOR NHS.—

ø(1) REQUIREMENT.—The Secretary shall establish a program to require States to carry out a value engineering analysis for all projects on the National Highway System with an

estimated total cost of $25,000,000 or more.

ø(2) VALUE ENGINEERING DEFINED.—In this subsection, the

term ‘‘value engineering analysis’’ means a systematic process

of review and analysis of a project during its design phase by

a multidisciplined team of persons not involved in the project

in order to provide suggestions for reducing the total cost of

the project and providing a project of equal or better quality.

Such suggestions may include combining or eliminating otherwise inefficient or expensive parts of the original proposed design for the project and total redesign of the proposed project

using different technologies, materials, or methods so as to accomplish the original purpose of the project.

ø(h) FINANCIAL PLAN.—A recipient of Federal financial assistance for a project under this title with an estimated total cost of

$1,000,000,000 or more shall submit to the Secretary an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of

the project and on reasonable assumptions, as determined by the

Secretary, of future increases in the cost to complete the project.¿

(g) OVERSIGHT PROGRAM.—

(1) PROGRAM.—

(A) IN GENERAL.—The Secretary shall establish an

oversight program to monitor the effective and efficient use

of funds made available under this title.

(B) MINIMUM REQUIREMENTS.—At a minimum, the program shall monitor and respond to all areas relating to financial integrity and project delivery.

(2) FINANCIAL INTEGRITY.—

(A) FINANCIAL MANAGEMENT SYSTEMS.—

(i) IN GENERAL.—The Secretary shall perform annual reviews of the financial management systems of

State transportation departments that affect projects

approved under subsection (a).

(ii) REVIEW AREAS.—In carrying out clause (i), the

Secretary shall use risk assessment procedures to identify areas to be reviewed.

(B) PROJECT COSTS.—The Secretary shall—

(i) develop minimum standards for estimating

project costs; and

(ii) periodically evaluate practices of the States

for—

(I) estimating project costs;

(II) awarding contracts; and

(III) reducing project costs.

(C) RESPONSIBILITY OF THE STATES.—
151

(i) IN GENERAL.—Each State shall be responsible

for ensuring that subrecipients of Federal funds within

the State under this section have—

(I) sufficient accounting controls to properly

manage the Federal funds; and

(II) adequate project delivery systems for

projects approved under this section.

(ii) REVIEW BY SECRETARY.—The Secretary shall

periodically review monitoring by the States of those

subrecipients.

(3) PROJECT DELIVERY.—The Secretary shall—

(A) perform annual reviews of the project delivery system of each State, including analysis of 1 or more activities

that are involved in the life cycle of a project; and

(B) employ risk assessment procedures to identify areas

to be reviewed.

(4) SPECIFIC OVERSIGHT RESPONSIBILITIES.—Nothing in

this section discharges or otherwise affects any oversight responsibility of the Secretary—

(A) specifically provided for under this title or other

Federal law; or

(B) for the design and construction of all Appalachian

development highways under section 14501 of title 40 or

section 170 of this title.

(h) MAJOR PROJECTS.—

(1) IN GENERAL.—Notwithstanding any other provision of

this section, a recipient of Federal financial assistance for a

project under this title with an estimated total cost of

$1,000,000,000 or more, and recipients for such other projects

as may be identified by the Secretary, shall submit to the Secretary for each project—

(A) a project management plan; and

(B) an annual financial plan.

(2) PROJECT MANAGEMENT PLAN.—A project management

plan shall document—

(A) the procedures and processes that are in effect to

provide timely information to the project decisionmakers to

effectively manage the scope, costs, schedules, and quality

of, and the Federal requirements applicable to, the project;

and

(B) the role of the agency leadership and management

team in the delivery of the project.

(3) FINANCIAL PLAN.—A financial plan shall—

(A) be based on detailed estimates of the cost to complete the project; and

(B) provide for the annual submission of updates to the

Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to

complete the project.

(i) OTHER PROJECTS.—A recipient of Federal financial assistance for a project under this title that receives $100,000,000 or more

in Federal assistance for the project, and that is not covered by sub-
152

section (h), shall prepare, and make available to the Secretary at the

request of the Secretary, an annual financial plan for the project.

* * * * * * *

§ 108. Advance acquisition of real property

(a) * * *

* * * * * * *

(d) CRITICAL REAL PROPERTY ACQUISITION.—

(1) IN GENERAL.—Subject to paragraph (2), funds apportioned to a State under this title may be used to pay the costs

of acquiring any real property that is determined to be critical

under paragraph (2) for a project proposed for funding under

this title.

(2) REIMBURSEMENT.—The Federal share of the costs referred to in paragraph (1) shall be eligible for reimbursement

out of funds apportioned to a State under this title if, before the

date of acquisition—

(A) the Secretary determines that the property is offered

for sale on the open market;

(B) the Secretary determines that in acquiring the

property, the State will comply with the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of

1970 (42 U.S.C. 4601 et seq.); and

(C) the State determines that immediate acquisition of

the property is critical because—

(i) based on an appraisal of the property, the value

of the property is increasing significantly;

(ii) there is an imminent threat of development or

redevelopment of the property; and

(iii) the property is necessary for the implementation of the goals stated in the proposal for the project.

(3) APPLICABLE LAW.—An acquisition of real property under

this section shall be considered to be an exempt project under

section 176 of the Clean Air Act (42 U.S.C. 7506).

(4) ENVIRONMENTAL REVIEW.—

(A) IN GENERAL.—A project proposed to be conducted

under this title shall not be conducted on property acquired

under paragraph (1) until all required environmental reviews for the project have been completed.

(B) EFFECT ON CONSIDERATION OF PROJECT ALTERNATIVES.—The number of critical acquisitions of real property associated with a project shall not affect the consideration of project alternatives during the environmental review process.

(5) PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY.—Section 156(c) shall not apply to the sale, use, or lease

of any real property acquired under paragraph (1).

§ 109. Standards

(a) IN GENERAL.—The Secretary shall ensure that the plans

and specifications for each proposed highway project under this

chapter provide for a facility that will—
153

(1) adequately serve the existing and planned future traffic

of the highway in a manner that is conducive to safety, durability, and economy of maintenance; øand¿

(2) be designed and constructed in accordance with criteria

best suited to accomplish the objectives described in paragraph

(1) and to conform to the particular needs of each localityø.¿

; and

(3) consider the preservation, historic, scenic, natural environmental, and community values.

* * * * * * *

(c) DESIGN CRITERIA FOR NATIONAL HIGHWAY SYSTEM.—

(1) IN GENERAL.—A design for new construction, reconstruction, resurfacing (except for maintenance resurfacing),

restoration, or rehabilitation of a highway on the National

Highway System (other than a highway also on the Interstate

System) may take into account, in addition to the criteria described in subsection (a)—

(A) the constructed and natural environment of the

area;

(B) the environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity; and

(C) access for other modes of transportation.

(2) DEVELOPMENT OF CRITERIA.—The Secretary, in cooperation with State transportation departments, may develop criteria to implement paragraph (1). In developing criteria under

this paragraph, the Secretary shall øconsider the results¿

consider—

(A) the results of the committee process of the American Association of State Highway and Transportation Officials as used in adopting and publishing ‘‘A Policy on

Geometric Design of Highways and Streets’’, including

comments submitted by interested parties as part of such

processø.¿ ;

(B) the publication entitled ‘Flexibility in Highway Design’ of the Federal Highway Administration;

(C) ‘Eight Characteristics of Process to Yield Excellence

and the Seven Qualities of Excellence in Transportation Design’ developed by the conference held during 1998 entitled

‘Thinking Beyond the Pavement National Workshop on Integrating Highway Development with Communities and the

Environment while Maintaining Safety and Performance’;

and

(D) any other material that the Secretary determines to

be appropriate.

(3) PUBLIC-PRIVATE PARTNERSHIPS PILOT PROGRAM.—

(A) IN GENERAL.—The Secretary may undertake a pilot

program to demonstrate the advantages of public-private

partnerships for critical capital development projects, including highway, bridge, and freight intermodal connector

projects authorized under this title.

(B) PROJECTS.—In carrying out the program, the Secretary shall—
154

(i) select not less than 10 qualified public-private

partnership projects that are authorized under applicable State and local laws; and

(ii) use funds made available to carry out the program to provide to sponsors of the projects assistance

for development phase activities described in section

181(1)(A), to enhance project delivery and reduce overall costs.

* * * * * * *

(g) øThe Secretary shall issue within 30 days after the day of

enactment of the Federal-Aid Highway Act of 1970¿ Not later than

January 30, 1971, the Secretary shall issue guidelines for minimizing possible soil erosion from highway construction. Such guidelines shall apply to all proposed projects with respect to which

plans, specifications, and estimates are approved by the Secretary

after the issuance of such guidelines.

* * * * * * *

ø(p) SCENIC AND HISTORIC VALUES.—Notwithstanding subsections (b) and (c), the Secretary may approve a project for the National Highway System if the project is designed to—

ø(1) allow for the preservation of environmental, scenic, or

historic values;

ø(2) ensure safe use of the facility; and

ø(3) comply with subsection (a).¿

(p) CONTEXT SENSITIVE DESIGN.— (1) IN GENERAL.—The Secretary shall encourage States to

design projects funded under this title that—

(A) allow for the preservation of environmental, scenic,

or historic values;

(B) ensure the safe use of the facility;

(C) provide for consideration of the context of the locality;

(D) encourage access for other modes of transportation;

and

(E) comply with subsection (a).

(2) APPROVAL BY SECRETARY.—Notwithstanding subsections

(b) and (c), the Secretary may approve a project described in

paragraph (1) for the National Highway System if the project

is designed to achieve the criteria specified in that paragraph.

* * * * * * *

§ 110. Revenue aligned budget authority

(a) IN GENERAL.—

(1) ALLOCATION.—On October 15 of fiscal year ø2000¿ 2006

and each fiscal year thereafter, the Secretary shall allocate for

such fiscal year an amount of funds equal to the amount determined pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced

Budget and Emergency Deficit Control Act of 1985 (2 U.S.C

901(b)(2)(B)(ii)(I)(cc)) (as in effect on September 30, 2002) if the

amount determined pursuant to such section for such fiscal

year is greater than zero.

(2) REDUCTION.—øIf the amount¿
155

(A) IN GENERAL.—Except as provided in subparagraph

(B), if the amount determined pursuant to section

251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C

901(b)(2)(B)(ii)(I)(cc)) (as in effect on September 30, 2002)

for fiscal year ø2000¿ 2006 or any fiscal year thereafter is

less than zero, the Secretary on October 1 of øthe succeeding¿ that fiscal year shall reduce proportionately the

amount of sums authorized to be appropriated from the

Highway Trust Fund (other than the Mass Transit Account) to carry out each of the Federal-aid highway and

highway safety construction programs (other than emergency relief) øand the motor carrier safety grant program¿

by an aggregate amount equal to the amount determined

pursuant to such section.

(B) LIMITATION.—No reduction under subparagraph

(A) shall be made for a fiscal year if, as of October 1 of the

fiscal year, the cash balance in the Highway Trust Fund

(other than the Mass Transit Account) exceeds

$6,000,000,000.

(b) GENERAL DISTRIBUTION.—The Secretary shall—

(1) determine the ratio that—

ø(A) the sums authorized to be appropriated from the

Highway Trust Fund (other than the Mass Transit Account) for each of the for Federal-aid highway and highway safety construction programs (other than the minimum guarantee program) and the motor carrier safety

grant program for which funds are allocated from such

Trust Fund by the Secretary under this title, the Transportation Equity Act for the 21st Century, and subchapter

I of chapter 311 of title 49 for a fiscal year, bears to¿

(A) the sums authorized to be appropriated from the

Highway Trust Fund (other than the Mass Transit Account) for each of the Federal-aid highway and highway

safety construction programs (other than the equity bonus

program) and for which funds are allocated from the Highway Trust Fund by the Secretary under this title and the

Safe, Accountable, Flexible, and Efficient Transportation

Equity Act of 2005; bears to

* * * * * * *

(c) STATE PROGRAMMATIC DISTRIBUTION.—Of the funds to be

apportioned to each State under subsection (b)(4) for a fiscal year,

the Secretary shall ensure that such funds are apportioned for the

Interstate and National Highway System program, the bridge program, the surface transportation program, the highway safety improvement program, and the congestion mitigation air quality improvement program in the same ratio that each State is apportioned funds for such programs for such fiscal year but for this section.

* * * * * * *

ø(e) After making any calculation necessary to implement this

section for fiscal year 2001, the amount available under paragraph

(a)(1) shall be increased by $128,752,000. The amounts added
156

under this subsection shall not apply to any calculation in any

other fiscal year.

ø(f) For fiscal year 2001, prior to making any distribution

under this section, $22,029,000 of the allocation under paragraph

(a)(1) shall be available only for each program authorized under

chapter 53 of title 49, United States Code, and title III of Public

Law 105–178, in proportion to each such program’s share of the

total authorization in section 5338 (other than 5338(h)) of such title

and sections 3037 and 3038 of such Public Law, under the terms

and conditions of chapter 53 of such title.

ø(g) For fiscal year 2001, prior to making any distribution

under this section, $399,000 of the allocation under paragraph

(a)(1) shall be available only for motor carrier safety programs

under sections 31104 and 31107 of title 49, United States Code;

$274,000 for NHTSA operations and research under section 403 of

title 23, United States Code; and $787,000 for NHTSA highway

traffic safety grants under chapter 4 of title 23, United States

Code.¿

§ 111. Agreements relating to use of and access to rights-ofway-Interstate System

(a) * * *

* * * * * * *

(d) IDLING REDUCTION FACILITIES IN INTERSTATE RIGHTS-OFWAY.—

(1) IN GENERAL.—Notwithstanding subsection (a), a State

may—

(A) permit electrification or other idling reduction facilities and equipment, for use by motor vehicles used for

commercial purposes, to be placed in rest and recreation

areas, and in safety rest areas, constructed or located on

rights-of-way of the Interstate System in the State, so long

as those idling reduction measures do not—

(i) reduce the existing number of designated truck

parking spaces at any given rest or recreation area; or

(ii) preclude the use of those spaces by trucks employing alternative idle reduction technologies; and

(B) charge a fee, or permit the charging of a fee, for the

use of those parking spaces actively providing power to a

truck to reduce idling.

(2) PURPOSE.—The exclusive purpose of the facilities described in paragraph (1) (or similar technologies) shall be to enable operators of motor vehicles used for commercial purposes—

(A) to reduce idling of a truck while parked in the rest

or recreation area; and

(B) to use installed or other equipment specifically designed to reduce idling of a truck, or provide alternative

power for supporting driver comfort, while parked.

§ 112. Letting of contracts

(a) * * *

(b) BIDDING REQUIREMENTS.—
157

(1) IN GENERAL.—Subject to paragraphs (2) and (3), construction of each project, subject to the provisions of subsection

(a) of this section, shall be performed by contract awarded by

competitive bidding, unless the State transportation department demonstrates, to the satisfaction of the Secretary, that

some other method is more cost effective or that an emergency

exists. Contracts for the construction of each project shall be

awarded only on the basis of the lowest responsive bid submitted by a bidder meeting established criteria of responsibility. No requirement or obligation shall be imposed as a condition precedent to the award of a contract to such bidder for

a project, or to the Secretary’s concurrence in the award of a

contract to such bidder, unless such requirement or obligation

is otherwise lawful and is specifically set forth in the advertised specifications.

(2) CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.—

(A) GENERAL RULE.—Subject to paragraph (3), each

contract for program management, construction management, feasibility studies, preliminary engineering, design,

engineering, surveying, mapping, or architectural related

services with respect to a project subject to the provisions

of subsection (a) of this section shall be awarded in the

same manner as a contract for architectural and engineering services is negotiated under chapter 11 of øtitle 40 or

equivalent State qualifications-based requirements.¿ title

40.

ø(B) APPLICABILITY.—

ø(i) IN A COMPLYING STATE.—If, on the date of the

enactment of this paragraph, the services described in

subparagraph (A) may be awarded in a State in the

manner described in subparagraph (A), subparagraph

(A) shall apply in such State beginning on such date

of enactment.

ø(ii) IN A NONCOMPLYING STATE.—In the case of

any other State, subparagraph (A) shall apply in such

State beginning on the earlier of (I) August 1, 1989, or

(II) the 10th day following the close of the 1st regular

session of the legislature of a State which begins after

the date of the enactment of this paragraph.¿

ø(C)¿ (B) PERFORMANCE AND AUDITS.—Any contract or

subcontract awarded in accordance with subparagraph (A),

whether funded in whole or in part with Federal-aid highway funds, shall be performed and audited in compliance

with cost principles contained in the Federal Acquisition

Regulations of part 31 of title 48, Code of Federal Regulations.

ø(D)¿ (C) INDIRECT COST RATES.—Instead of performing its own audits, a recipient of funds under a contract or subcontract awarded in accordance with subparagraph (A) shall accept indirect cost rates established in accordance with the Federal Acquisition Regulations for 1-

year applicable accounting periods by a cognizant Federal
158

or State government agency, if such rates are not currently

under dispute.

ø(E)¿ (D) APPLICATION OF RATES.—Once a firm’s indirect cost rates are accepted under this paragraph, the recipient of the funds shall apply such rates for the purposes

of contract estimation, negotiation, administration, reporting, and contract payment and shall not be limited by administrative or de facto ceilings of any kind.

ø(F)¿ (E) PRENOTIFICATION; CONFIDENTIALITY OF

DATA.—A recipient of funds requesting or using the cost

and rate data described in subparagraph (E) shall notify

any affected firm before such request or use. Such data

shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies

sharing cost data under this paragraph, except by written

permission of the audited firm. If prohibited by law, such

cost and rate data shall not be disclosed under any circumstances.

ø(G) STATE OPTION.—Subparagraphs (C), (D), (E), and

(F) shall take effect 1 year after the date of the enactment

of this subparagraph; except that if a State, during such

1-year period, adopts by statute an alternative process intended to promote engineering and design quality and ensure maximum competition by professional companies of

all sizes providing engineering and design services, such

subparagraphs shall not apply with respect to the State. If

the Secretary determines that the legislature of the State

did not convene and adjourn a full regular session during

such 1-year period, the Secretary may extend such 1-year

period until the adjournment of the next regular session of

the legislature.¿

(3) DESIGN-BUILD CONTRACTING.—

(A) IN GENERAL.—A State transportation department

or local transportation agency may award a design-build

contract for a qualified project described in subparagraph

(C) using any procurement process permitted by applicable

State and local law.

(B) LIMITATION ON FINAL DESIGN.—Final design under

a design-build contract referred to in subparagraph (A)

shall not commence before compliance with section 102 of

the National Environmental Policy Act of 1969 (42 U.S.C.

4332).

ø(C) QUALIFIED PROJECTS.—A qualified project referred to in subparagraph (A) is a project under this chapter for which—

ø(i) the Secretary has approved the use of designbuild contracting described in subparagraph (A) under

criteria specified in regulations issued by the Secretary; and

ø(ii) the total costs are estimated to exceed—

ø(I) in the case of a project that involves installation of an intelligent transportation system,

$5,000,000; and
159

ø(II) in the case of any other project,

$50,000,000.¿

(C) QUALIFIED PROJECTS.—A qualified project referred

to in subparagraph (A) is a project under this chapter (including intermodal projects) for which the Secretary has

approved the use of design-build contracting under criteria

specified in regulations promulgated by the Secretary.

(D) DESIGN-BUILD CONTRACT DEFINED.—In this paragraph, the term ‘‘design-build contract’’ means an agreement that provides for design and construction of a project

by a contractor, regardless of whether the agreement is in

the form of a design-build contract, a franchise agreement,

or any other form of contract approved by the Secretary.

* * * * * * *

ø(f) The provisions of this section shall not be applicable to

contracts for projects on the Federal-aid secondary system in those

States where the Secretary has discharged his responsibility pursuant to section 117 of this title, except where employees of a political

subdivision of a State are working on a project outside of such political subdivision.¿

ø(g)¿ (f) SELECTION PROCESS.—A State may procure, under a

single contract, the services of a consultant to prepare any environmental impact assessments or analyses required for a project, including environmental impact statements, as well as subsequent

engineering and design work on the project if the State conducts

a review that assesses the objectivity of the environmental assessment, environmental analysis, or environmental impact statement

prior to its submission to the Secretary.

* * * * * * *

§ 114. Construction

(a) CONSTRUCTION WORK IN GENERAL.—The construction of

any øhighways or portions of highways located on a Federal-aid

system¿ Federal-aid highway or a portion of a Federal-aid highway

shall be undertaken by the respective State transportation departments or under their direct supervision. øExcept as provided in section 117 of this title, such construction shall be subject to the inspection and approval of the Secretary.¿ The Secretary shall have

the right to conduct such inspections and take such corrective action

as the Secretary determines to be appropriate. The construction

work and labor in each State shall be performed under the direct

supervision of the State transportation department and in accordance with the laws of that State and applicable Federal laws. Construction may be begun as soon as funds are available for expenditure pursuant to subsection (a) of section 118 of this title. After

July 1, 1973, the State transportation department shall not erect

on any project where actual construction is in progress and visible

to highway users any informational signs other than official traffic

control devices conforming with standards developed by the Secretary of Transportation.

* * * * * * *
160

§ 115. Advance construction

ø(a) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT, SURFACE TRANSPORTATION, BRIDGE, PLANNING, AND RESEARCH

PROJECTS.—

ø(1) GENERAL RULE.—Subject to paragraph (2), when a

State—

ø(A)(i) has obligated all funds apportioned or allocated

to it under section 104(b)(2), 104(b)(3), 104(f), 144, or 505

of this title, or

ø(ii) has used or demonstrates that it will use all obligation authority allocated to it for Federal-aid highways

and highway safety construction, and

ø(B) proceeds with a project funded under such an apportionment or allocation without the aid of Federal funds

in accordance with all procedures and all requirements applicable to such a project, except insofar as such procedures and requirements limit the State to implementation

of projects with the aid of Federal funds previously apportioned or allocated to it or limit a State to implementation

of a project with obligation authority previously allocated

to it for Federal-aid highways and highway safety construction,

øthe Secretary, upon approval of an application of the State, is

authorized to pay to the State the Federal share of the cost of

the project when additional funds are apportioned or allocated

to the State under such section or when additional obligation

authority is allocated to it.¿

ø(2) PLANS, SPECIFICATIONS, AND APPLICABLE STANDARDS.— The Secretary may only make payments to a State with respect to a project if—¿

ø(A) prior to commencement of the project the Secretary approves the project in the same manner as the

Secretary approves other projects, and¿

ø(B) the project conforms to the applicable standards

under this title.¿

ø(b) INTERSTATE AND NATIONAL HIGHWAY SYSTEM PROJECTS.— When a State proceeds to construct any project on the National

Highway System or the Interstate System without the aid of Federal funds in accordance with all procedures and all requirements

applicable to such a project, except insofar as such procedures and

requirements limit the State to the construction of projects with

the aid of Federal funds previously apportioned to it, the Secretary,

upon approval of application of the State, is authorized to pay to

the State the Federal share of the cost of construction of the project

when additional funds are apportioned to the State under section

104(b)(1) or 104(b)(4), as the case may be, if—

ø(1) prior to the construction of the project the Secretary

approves the plans and specifications therefor in the same

manner as other projects, and

ø(2) the project conforms to the applicable standards under

section 109 of this title.¿

(a) IN GENERAL.—The Secretary may authorize a State to proceed with a project authorized under this title—

(1) without the use of Federal funds; and
161

(2) in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project—

(A) with the aid of Federal funds previously apportioned or allocated to the State; or

(B) with obligation authority previously allocated to the

State.

(b) OBLIGATION OF FEDERAL SHARE.—The Secretary, on the request of a State and execution of a project agreement, may obligate

all or a portion of the Federal share of the project authorized under

this section from any category of funds for which the project is eligible.

(c) PLANS, SPECIFICATIONS, AND APPLICABLE STANDARDS.—The

Secretary may only make payments to a State with respect to a

project if—

(1) prior to commencement of the project the Secretary approves the project in the same manner as the Secretary approves

other projects, and

(2) the project conforms to the applicable standards under

this title.

ø(c)¿ (d) INCLUSION IN TRANSPORTATION IMPROVEMENT PROGRAM.—The Secretary may approve an application for a project

under this section only if the project is included in the transportation improvement program of the State developed under section

135(f).

* * * * * * *

§ 117. High priority projects program

(a) * * *

* * * * * * *

ø(d) DELEGATION TO STATES.—Subject to the provisions of this

title, the Secretary shall delegate responsibility for carrying out a

project or projects, with funds made available to carry out this section, to the State in which such project or projects are located upon

request of such State.¿

ø(e)¿ (d) ADVANCE CONSTRUCTION.—When a State which has

been delegated responsibility for a project under this section—

(1) has obligated all funds allocated under this section and

section 1602 of the Transportation Equity Act for the 21st Century for such project; and

(2) proceeds to construct such project without the aid of

Federal funds in accordance with all procedures and all requirements applicable to such project, except insofar as such

procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously allocated to it;

the Secretary, upon the approval of the application of a State, shall

pay to the State the Federal share of the cost of construction of the

project when additional funds are allocated for such project under

this section and section 1602 of the Transportation Equity Act for

the 21st Century.

ø(f)¿ (e) PERIOD OF AVAILABILITY.—Funds made available to

carry out this section shall remain available until expended.
162

ø(g)¿ (f) AVAILABILITY OF OBLIGATION LIMITATION.—Obligation

authority attributable to funds made available to carry out this section shall only be available for the purposes of this section and

shall remain available until obligated pursuant to section 1102(g)

of the Transportation Equity Act for the 21st Century.

ø(h)¿ (g) TREATMENT.—Funds allocated to a State in accordance with this section shall be treated as amounts in addition to

the amounts a State is apportioned under sections 104, 105, and

144 for programmatic purposes.

§ 118. Availability of funds

(a) * * *

* * * * * * *

(c) SET ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.—

(1) IN GENERAL.—Before any apportionment is made under

section 104(b)(4), the Secretary shall set aside ø$50,000,000 in

fiscal year 1998 and $100,000,000 in each of fiscal years 1999

through 2003¿ $89,308,176 for each of fiscal years 2005

through 2009 for obligation by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing any

route or portion thereof on the Interstate System (other than

any highway designated as a part of the Interstate System

under section 139 (as in effect on the day before the date of enactment of the øTransportation Equity Act for the 21st Century¿ Safe, Accountable, Flexible, and Efficient Transportation

Equity Act of 2005)) and any toll road on the Interstate System

not subject to an agreement under section 119(e) (as in effect

on December 17, 1991).

(2) SELECTION CRITERIA.—The amounts set aside under

paragraph (1) shall be made available by the Secretary to any

State applying for such funds if the Secretary determines

that—

(A) the State has obligated or demonstrates that it will

obligate in the fiscal year all of its apportionments under

section 104(b)(4) other than an amount that, by itself, is

insufficient to pay the Federal share of the cost of a project

for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System that has been submitted

by the State to the Secretary for approval; and

(B) the applicant is willing and able to—

(i) obligate the funds within 1 year of the date the

funds are made available;

(ii) apply the funds to a ready-to-commence

project; and

(iii) in the case of construction work, begin work

within 90 days after obligation.

(3) PRIORITY CONSIDERATION FOR CERTAIN PROJECTS.—In

selecting projects to fund under paragraph (1), the Secretary

shall give priority consideration to any project the cost of

which exceeds $10,000,000 on any high volume route in an

urban area or a high truck-volume route in a rural area.
163

(4) PERIOD OF AVAILABILITY OF DISCRETIONARY FUNDS.—

Sums made available pursuant to this subsection shall remain

available until expended.

ø(d) EFFECT OF RELEASE OF FUNDS.—Any Federal-aid highway

funds released by the final payment on a project, or by the modification of the project agreement, shall be credited to the same program funding category previously apportioned to the State and

shall be immediately available for expenditure.¿

(d) OBLIGATION AND RELEASE OF FUNDS.—

(1) IN GENERAL.—Funds apportioned or allocated to a State

for a particular purpose for any fiscal year shall be considered

to be obligated if a sum equal to the total of the funds apportioned or allocated to the State for that purpose for that fiscal

year and previous fiscal years is obligated.

(2) RELEASED FUNDS.—Any funds released by the final payment for a project, or by modifying the project agreement for a

project, shall be—

(A) credited to the same class of funds previously apportioned or allocated to the State; and

(B) immediately available for obligation.

(3) NET OBLIGATIONS.—Notwithstanding any other provision of law (including a regulation), obligations recorded

against funds made available under this section shall be recorded and reported as net obligations.

* * * * * * *

§ 120. Federal share payable

(a) INTERSTATE SYSTEM PROJECTS.—

ø(1) IN GENERAL.—Except as otherwise provided in this

chapter, the Federal share payable on account of any project

on the Interstate System (including a project to add high occupancy vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes) shall be 90 percent

of the total cost thereof, plus a percentage of the remaining 10

percent of such cost in any State containing unappropriated

and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 percent of the total area of all

lands therein, equal to the percentage that the area of such

lands in such State is of its total area; except that such Federal share payable on any project in any State shall not exceed

95 percent of the total cost of such project.¿

(1) IN GENERAL.—Except as otherwise provided in this

chapter, the Federal share payable on account of any project on

the Interstate System (including a project to add high occupancy vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes) shall be 90 percent of

the total cost of the project.

(2) STATE-DETERMINED LOWER FEDERAL SHARE.—In the

case of any project subject to paragraph (1), a State may determine a lower Federal share than the Federal share determined

under such paragraph.

(b) OTHER PROJECTS.—øExcept as otherwise¿
164

(1) IN GENERAL.—Except as otherwise provided in this title,

the Federal share payable on account of any project or activity

carried out under this title (other than a project subject to subsection (a)) shall be 80 percent of the cost of the project. øshall

be—

ø(1) 80 percent of the cost thereof, except that in the case

of any State containing nontaxable Indian lands, individual

and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and

monuments, exceeding 5 percent of the total area of all lands

therein, the Federal share, for purposes of this chapter, shall

be increased by a percentage of the remaining cost equal to the

percentage that the area of all such lands in such State, is of

its total area; or

ø(2) 80 percent of the cost thereof, except that in the case

of any State containing nontaxable Indian lands, individual

and tribal, public domain lands (both reserved and unreserved), national forests, and national parks and monuments,

the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State is of its

total area;

øexcept that the Federal share payable on any project in a State

shall not exceed 95 percent of the total cost of any such project. In

any case where a State elects to have the Federal share provided

in paragraph (2) of this subsection, the State must enter into an

agreement with the Secretary covering a period of not less than 1

year, requiring such State to use solely for purposes eligible for assistance under this title (other than paying its share of projects approved under this title) during the period covered by such agreement the difference between the State’s share as provided in paragraph (2) and what its share would be if it elected to pay the share

provided in paragraph (1) for all projects subject to such agreement. In the case of any project subject to this subsection, a State

may determine a lower Federal share than the Federal share determined under the preceding sentences of this subsection.¿

(2) STATE-DETERMINED LOWER FEDERAL SHARE.—In the

case of any project subject to this subsection, a State may determine a lower Federal share than the Federal share determined

under paragraph (1).

(c) INCREASED FEDERAL SHARE FOR CERTAIN SAFETY

PROJECTS.—The Federal share payable on account of any project

for traffic control signalization, safety rest areas, pavement marking, commuter carpooling and vanpooling, rail-highway crossing

closure, or installation of traffic signs, traffic lights, guardrails, impact attenuators, concrete barrier endtreatments, breakaway utility

poles, or priority control systems for emergency vehicles or transit

vehicles at signalized intersections may amount to 100 percent of

the cost of construction of such projects; except that not more than

10 percent of all sums apportioned for all the Federal-aid systems

for any fiscal year in accordance with section 104 of this title shall

be used under this subsection. In this subsection, the term ‘‘safety

rest area’’ means an area where motor vehicle operators can park

their vehicles and rest, where food, fuel, and lodging services are
165

not available, and that is located on a segment of highway with respect to which the Secretary determines there is a shortage of public and private areas at which motor vehicle operators can park

their vehicles and rest.

ø(d) The Secretary may rely on a statement from the Secretary

of the Interior as to the area of the lands referred to in subsections

(a) and (b) of this section. The Secretary of the Interior is authorized and directed to provide such statement annually.¿

(d) INCREASED FEDERAL SHARE.—

(1) IN GENERAL.—The Federal share payable under subsection (a) or (b) may be increased for projects and activities in

each State in which is located—

(A) nontaxable Indian land;

(B) public land (reserved or unreserved);

(C) a national forest; or

(D) a national park or monument.

(2) AMOUNT.—

(A) IN GENERAL.—The Federal share for States described in paragraph (1) shall be increased by a percentage

of the remaining cost that—

(i) is equal to the percentage that—

(I) the area of all land described in paragraph

(1) in a State; bears to

(II) the total area of the State; but

(ii) does not exceed 95 percent of the total cost of

the project or activity for which the Federal share is

provided.

(B) ADJUSTMENT.—The Secretary shall adjust the Federal share for States under subparagraph (A) as the Secretary determines necessary, on the basis of data provided

by the Federal agencies that are responsible for maintaining the data.

(e) EMERGENCY RELIEF.—The Federal share payable on account of any repair or reconstruction provided for by funds made

available under section 125 of this title on account of any project

on a Federal-aid highway, including the Interstate System, shall

not exceed the Federal share payable on a project on such system

as provided in subsections (a) and (b) of this section; except that

(1) the Federal share payable for eligible emergency repairs to minimize damage, protect facilities, or restore essential traffic accomplished within 180 days after the actual occurrence of the natural

disaster or catastrophic failure may amount to 100 percent of the

costs thereof; and (2) the Federal share payable on account of any

repair or reconstruction of forest highways, øforest development

roads¿ National Forest System roads and trails, park roads and

trails, parkways, øpublic lands highways,¿ public lands highways,

recreation roads, public lands development roads and trails, and Indian reservation roads may amount to 100 percent of the cost

thereof. The total cost of a project may not exceed the cost of repair

or reconstruction of a comparable facility. As used in this section

with respect to bridges and in section 144 of this title, ‘‘a comparable facility’’ shall mean a facility which meets the current geo-
166

metric and construction standards required for the types and volume of traffic which such facility will carry over its design life.

* * * * * * *

(j) CREDIT FOR NON-FEDERAL SHARE.— (1) ELIGIBILITY.—A State may use as a credit toward the

non-Federal share requirement for any funds made available to

carry out this title (other than the emergency relief program

authorized by section 125 and the Appalachian development

highway system program under subtitle IV of title 40) or chapter 53 of title 49 toll revenues that are generated and used by

public, quasi-public, and private agencies to build, improve, or

maintain highways, bridges, or tunnels that serve the public

purpose of interstate commerce. Such public, quasi-public, or

private agencies shall have built, improved, or maintained

such facilities without Federal funds.

(2) MAINTENANCE OF EFFORT.— (A) IN GENERAL.—The credit for any non-Federal share

provided under this subsection shall not reduce nor replace

State funds required to match Federal funds for any program under this title.

(B) CONDITION ON RECEIPT OF CREDIT.—To receive a

credit under paragraph (1) for a fiscal year, a State shall

enter into such agreement as the Secretary may require to

ensure that the State will maintain its non-Federal transportation capital expenditures in such fiscal year at or

above the average level of such expenditures for the preceding 3 fiscal years; except that if, for any 1 of the preceding 3 fiscal years, the non-Federal transportation capital expenditures of the State were at a level that was

greater than 130 percent of the average level of such expenditures for the other 2 of the preceding 3 fiscal years,

the agreement shall ensure that the State will maintain

its non-Federal transportation capital expenditures in the

fiscal year of the credit at or above the average level of

such expenditures for the other 2 fiscal years.

(C) TRANSPORTATION CAPITAL EXPENDITURES DE- FINED.—In subparagraph (B), the term ‘‘non-Federal transportation capital expenditures’’ includes any payments

made by the State for issuance of transportation-related

bonds.

(3) TREATMENT.— (A) LIMITATION ON LIABILITY.—Use of a credit for a

non-Federal share under this subsection that is received

from a public, quasi-public, or private agency—

(i) shall not expose the agency to additional liability, additional regulation, or additional administrative

oversight; and

(ii) shall not subject the agency to any additional

Federal design standards or laws (including regulations) as a result of providing the non-Federal share

other than those to which the agency is already subject.

(B) CHARTERED MULTISTATE AGENCIES.—When a credit

that is received from a chartered multistate agency is ap-
167

plied to a non-Federal share under this subsection, such

credit shall be applied equally to all charter States.

(k) USE OF FEDERAL LAND MANAGEMENT AGENCY FUNDS.— Notwithstanding any other provision of law, the funds appropriated

to any Federal land management agency may be used to pay the

non-Federal share of the cost of any øFederal-aid highway¿ project

the Federal share of which is funded under øsection 104¿ this title

or chapter 53 of title 49. (l) USE OF FEDERAL LANDS HIGHWAYS PROGRAM FUNDS.—Notwithstanding any other provision of law, the funds authorized to be

appropriated to carry out the Federal lands highways program

under section 204 may be used to pay the non-Federal share of the

cost of any project that is funded under øsection 104¿ this title or

chapter 53 of title 49 and that provides access to or within Federal

or Indian lands.

(m) INCREASED FEDERAL SHARE FOR CONNECTORS.—In the case

of a project to support a National Highway System intermodal

freight connection or strategic highway network connector to a strategic military deployment port described in section 103(b)(7), except

as otherwise provided in section 120, the Federal share of the total

cost of the project shall be 90 percent.

* * * * * * *

§ 125. Emergency relief

(a) * * *

* * * * * * *

(e) The Secretary may expend funds from the emergency fund

herein authorized, either independently or in cooperation with any

other branch of the Government, State agency, organization, or

person, for the repair or reconstruction of forest highways, øforest

development roads¿ National Forest System roads and trails, park

roads and trails, parkways, øpublic lands highways,¿ public lands

highways, recreation roads, public lands development roads and

trails, and Indian reservation roads, whether or not such highways,

roads, or trails are Federal-aid highways.

* * * * * * *

§ 126. Uniform transferability of Federal-aid highway funds

(a) GENERAL RULE.—Notwithstanding any other provision of

law but subject to subsections (b) and (c), if at least 50 percent of

a State’s apportionment under section 104 or 144 for a fiscal year

or at least 50 percent of the funds set-aside under section 133(d)

from the State’s apportionment under section 104(b)(3) may not be

transferred to any other apportionment of the State under section

104 or 144 for such fiscal year, then the State may transfer not to

exceed 50 percent of such apportionment or set aside to any other

apportionment of such State under section 104 or 144 for such fiscal year.

(b) APPLICATION TO CERTAIN SET-ASIDES.—No funds may be

transferred under this section that are subject to øthe last sentence

of section 133(d)(1) or to section 104(f) or to section 133(d)(3)¿ section 104(f) or 133(d)(2). The maximum amount that a State may
168

transfer under this section of the State’s set-aside under section

133(d)(1) øor 133(d)(2)¿ for a fiscal year may not exceed 25 percent

of (1) the amount of such set-aside, less (2) the amount of the

State’s set-aside under such section for fiscal year 1997.

(c) APPLICATION TO CERTAIN CMAQ FUNDS.—The maximum

amount that a State may transfer under this section of the State’s

apportionment under section 104(b)(2) for a fiscal year may not exceed 50 percent of (1) the amount of such apportionment, less (2)

the amount that the State’s apportionment under section 104(b)(2)

for such fiscal year would have been had the program been funded

at $1,350,000,000. Any such funds apportioned under section

104(b)(2) and transferred under this section may only be obligated

in geographic areas eligible for the obligation of funds apportioned

under section 104(b)(2).

* * * * * * *

§ 129. Toll roads, bridges, tunnels, and ferries

(a) * * *

* * * * * * *

[Note: Subsection (d) transferred, formerly section 1216(b) of the

Transportation Equity Act for the 21st Century.]

(d) INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION

PILOT PROGRAM.— (1) ESTABLISHMENT.—ƒThe Secretary≈ Notwithstanding

section 301, the Secretary shall establish and implement an

Interstate System reconstruction and rehabilitation pilot program under which the Secretary, notwithstanding sections 129

and 301 ƒof title 23, United States Code≈, may permit a State

to collect tolls on a highway, bridge, or tunnel on the Interstate

System for the purpose of reconstructing and rehabilitating

Interstate highway corridors ƒthat could not otherwise be adequately maintained or functionally improved without the collection of tolls≈.

(2) LIMITATION ON NUMBER OF FACILITIES.—The Secretary

may permit the collection of tolls under this subsection on 3 facilities on the Interstate System. One such facility shall be located in Virginia. Each of such facilities shall be located in a

different State.

(3) ELIGIBILITY.—To be eligible to participate in the pilot

program, a State shall submit to the Secretary an application

that contains, at a minimum, the following:

(A) An identification of the facility on the Interstate

System proposed to be a toll facility, including the age, condition, and intensity of use of the facility.

(B) In the case of a facility that affects a metropolitan

area, an assurance that the metropolitan planning organization established under section 134 ƒof title 23, United

States Code≈, for the area has been consulted concerning

the placement and amount of tolls on the facility.

ƒ(C) An analysis demonstrating that the facility could

not be maintained or improved to meet current or future

needs from the State’s apportionments and allocations

made available by this Act (including amendments made
169

by this Act) and from revenues for highways from any other

source without toll revenues.≈

(C) An analysis demonstrating that financing the reconstruction or rehabilitation of the facility with the collection of tolls under this pilot program is the most efficient,

economical, or expeditious way to advance the project.

(D) A facility management plan that includes—

(i) a plan for implementing the imposition of tolls

on the facility;

(ii) a schedule and finance plan for the reconstruction or rehabilitation of the facility using toll revenues;

(iii) a description of the public transportation

agency that will be responsible for implementation and

administration of the pilot program;

(iv) a description of whether consideration will be

given to privatizing the maintenance and operational

aspects of the facility, while retaining legal and administrative control of the portion of the Interstate route;

and

(v) such other information as the Secretary may require.

(4) SELECTION CRITERIA.—The Secretary may approve the

application of a State under paragraph (3) only if the Secretary

determines that—

ƒ(A) the State is unable to reconstruct or rehabilitate

the proposed toll facility using existing apportionments;≈

(A) the State’s analysis showing that financing the reconstruction or rehabilitation of a facility with the collection of tolls under the pilot program is the most efficient,

economical, or expeditious way to advance the project;

ƒ(B) the facility has a sufficient intensity of use, age,

or condition to warrant the collection of tolls;≈

(B) the facility needs reconstruction or rehabilitation,

including major work that may require replacing sections

of the existing facility on new alignment;

ƒ(C) the State plan for implementing tolls on the facility takes into account the interests of local, regional, and

interstate travelers;≈

ƒ(D)≈ (C) the State plan for reconstruction or rehabilitation of the facility using toll revenues is reasonable; and

ƒ(E)≈ (D) the State has given preference to the use of

a public toll agency with demonstrated capability to build,

operate, and maintain a toll expressway system meeting criteria for the Interstate System.

(5) LIMITATIONS ON USE OF REVENUES; AUDITS.—Before the

Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that—

(A) all toll revenues received from operation of the toll

facility will be used only for—

(i) debt service;

(ii) reasonable return on investment of any private

person financing the project; and
170

(iii) any costs necessary for the improvement of

and the proper operation and maintenance of the toll

facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and

(B) regular audits will be conducted to ensure compliance with subparagraph (A) and the results of such audits

will be transmitted to the Secretary.

(6) LIMITATION ON USE OF INTERSTATE MAINTENANCE

FUNDS.—During the term of the pilot program, funds apportioned for Interstate maintenance under section 104(b)(4) ƒof

title 23, United States Code≈, may not be used on a facility for

which tolls are being collected under the program.

(7) PROGRAM TERM.—The Secretary shall conduct the pilot

program under this subsection for a term to be determined by

the Secretary, but not less than 10 years.

(8) INTERSTATE SYSTEM DEFINED.—In this subsection, the

term ‘‘Interstate System’’ has the meaning such term has under

section 101 ƒof title 23, United States Code≈.

(e) FAST AND SENSIBLE TOLL (FAST) LANES PROGRAM.—

(1) DEFINITIONS.—In this subsection:

(A) ELIGIBLE TOLL FACILITY.—The term ‘eligible toll facility’ includes—

(i) a facility in existence on the date of enactment

of this subsection that collects tolls;

(ii) a facility in existence on the date of enactment

of this subsection that serves high occupancy vehicles;

(iii) a facility modified or constructed after the

date of enactment of this subsection to create additional tolled capacity (including a facility constructed

by a private entity or using private funds); and

(iv) in the case of a new lane added to a previously

non-tolled facility, only the new lane.

(B) NONATTAINMENT AREA.—The term ‘nonattainment

area’ has the meaning given the term in section 171 of the

Clean Air Act (42 U.S.C. 7501).

(2) ESTABLISHMENT.—Notwithstanding sections 129 and

301, the Secretary shall permit a State, public authority, or a

public or private entity designated by a State, to collect a toll

from motor vehicles at an eligible toll facility for any highway,

bridge, or tunnel, including facilities on the Interstate System—

(A) to manage high levels of congestion;

(B) to reduce emissions in a nonattainment area or

maintenance area; or

(C) to finance the expansion of a highway, for the purpose of reducing traffic congestion, by constructing 1 or

more additional lanes (including bridge, tunnel, support,

and other structures necessary for that construction) on the

Interstate System.

(3) LIMITATION ON USE OF REVENUES.—

(A) USE.—

(i) IN GENERAL.—Toll revenues received under

paragraph (2) shall be used by a State, public authority, or private entity designated by a State, for—
171

(I) debt service for debt incurred on 1 or more

highway or transit projects carried out under this

title or title 49;

(II) a reasonable return on investment of any

private financing;

(III) the costs necessary for proper operation

and maintenance of any facilities under paragraph

(2) (including reconstruction, resurfacing, restoration, and rehabilitation); or

(IV) if the State, public authority, or private

entity annually certifies that the tolled facility is

being adequately operated and maintained, any

other purpose relating to a highway or transit

project carried out under this title or title 49.

(B) REQUIREMENTS.—

(i) VARIABLE PRICE REQUIREMENT.—A facility that

charges tolls under this subsection may establish a toll

that varies in price according to time of day or level of

traffic, as appropriate to manage congestion or improve

air quality.

(ii) HOV VARIABLE PRICING REQUIREMENT.—The

Secretary shall require, for each high occupancy vehicle

facility that charges tolls under this subsection, that

the tolls vary in price according to time of day or level

of traffic, as appropriate to manage congestion or improve air quality.

(iii) HOV PASSENGER REQUIREMENTS.—In addition

to the exceptions to the high occupancy vehicle passenger requirements established under section

102(a)(2), a State may permit motor vehicles with fewer

than 2 occupants to operate in high occupancy vehicle

lanes as part of a variable toll pricing program established under this subsection.

(C) AGREEMENT.—

(i) IN GENERAL.—Before the Secretary may permit

a facility to charge tolls under this subsection, the Secretary and the applicable State, public authority, or

private entity designated by a State shall enter into an

agreement for each facility incorporating the conditions

described in subparagraphs (A) and (B).

(ii) TERMINATION.—An agreement under clause (i)

shall terminate with respect to a facility upon the decision of the State, public authority, or private entity designated by a State to discontinue the variable tolling

program under this subsection for the facility.

(iii) DEBT.—

(I) IN GENERAL.—If there is any debt outstanding on a facility at the time at which the decision is made to discontinue the program under

this subsection with respect to the facility, the facility may continue to charge tolls in accordance

with the terms of the agreement until such time as

the debt is retired.
172

(II) NOTICE.—On retirement of the debt of a

tolled facility, the applicable State, public authority, or private entity designated by a State shall

provide notice to the public of that retirement.

(D) LIMITATION ON FEDERAL SHARE.—The Federal

share of the cost of a project on a facility tolled under this

subsection, including a project to install the toll collection

facility shall be a percentage, not to exceed 80 percent, determined by the applicable State.

(4) ELIGIBILITY.—To be eligible to participate in the program under this subsection, a State, public authority, or private

entity designated by a State shall provide to the Secretary—

(A) a description of the congestion or air quality problems sought to be addressed under the program;

(B) a description of—

(i) the goals sought to be achieved under the program; and

(ii) the performance measures that would be used

to gauge the success made toward reaching those goals;

and

(C) such other information as the Secretary may require.

(5) AUTOMATION.—Fees collected from motorists using a

FAST lane shall be collected only through the use of noncash

electronic technology that optimizes the free flow of traffic on

the tolled facility.

(6) INTEROPERABILITY.—

(A) RULE.—

(i) IN GENERAL.—Not later than 180 days after the

date of enactment of this paragraph, the Secretary

shall promulgate a final rule specifying requirements,

standards, or performance specifications for automated

toll collection systems implemented under this section.

(ii) DEVELOPMENT.—In developing that rule, which

shall be designed to maximize the interoperability of

electronic collection systems, the Secretary shall, to the

maximum extent practicable—

(I) seek to accelerate progress toward the national goal of achieving a nationwide interoperable

electronic toll collection system;

(II) take into account the use of noncash electronic technology currently deployed within an appropriate geographical area of travel and the

noncash electronic technology likely to be in use

within the next 5 years; and

(III) seek to minimize additional costs and

maximize convenience to users of toll facility and

to the toll facility owner or operator.

(B) FUTURE MODIFICATIONS.—As the state of technology

progresses, the Secretary shall modify the rule promulgated

under subparagraph (A), as appropriate.

(7) REPORTING.—
173

(A) IN GENERAL.—The Secretary, in cooperation with

State and local agencies and other program participants

and with opportunity for public comment, shall—

(i) develop and publish performance goals for each

FAST lane project;

(ii) establish a program for regular monitoring

and reporting on the achievement of performance goals,

including—

(I) effects on travel, traffic, and air quality;

(II) distribution of benefits and burdens;

(III) use of alternative transportation modes;

and

(IV) use of revenues to meet transportation or

impact mitigation needs.

(B) REPORTS TO CONGRESS.—The Secretary shall submit to the Committee on Environment and Public Works of

the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—

(i) not later than 1 year after the date of enactment

of this subsection, and annually thereafter, a report

that describes in detail the uses of funds under this

subsection in accordance with paragraph (8)(D); and

(ii) not later than 3 years after the date of enactment of this subsection, and every 3 years thereafter, a

report that describes any success of the program under

this subsection in meeting congestion reduction and

other performance goals established for FAST lane programs.

(8) FUNDING.— (A) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated from the Highway Trust Fund

(other than the Mass Transit Account) to carry out pre-implementation studies and post-implementation evaluations

of projects planned or implemented under this subsection

$9,823,899 for each of fiscal years 2005 through 2009.

(B) AVAILABILITY.—Funds allocated by the Secretary to

a State under this subsection shall remain available for obligation by the State for a period of 3 years after the last

day of the fiscal year for which the funds were authorized.

(C) CONTRACT AUTHORITY.—Funds authorized to be appropriated under this paragraph shall be available for obligation in the same manner as if the funds were apportioned under this chapter, except that the Federal share of

the cost of any project carried out under this subsection and

the availability of funds authorized by this paragraph shall

be determined in accordance with this subsection.

(D) PROGRAM PROMOTION.—Notwithstanding any other

provision of this section, the Secretary shall use an amount

not to exceed 2 percent of the funds made available under

subparagraph (A)—

(i) to make grants to promote the purposes of the

program under this subsection;

(ii) to provide technical support to State and local

governments or other public or private entities involved
174

in implementing or considering FAST lane programs;

and

(iii) to conduct research on variable pricing that

will support State or local efforts to initiate those pricing requirements.

(E) EFFECT ON OTHER APPORTIONMENTS AND ALLOCA- TIONS.—Revenues collected from tolls established under

this subsection shall not be taken into account in determining the apportionments and allocations that any State

or transportation district within a State shall be entitled to

receive under or in accordance with this chapter.

(9) COMPLIANCE.—The Secretary shall ensure that any

project or activity carried out under this section complies with

requirements under section 106 of this title and section 307 of

title 49.

(10) VOLUNTARY USE.—Nothing in this subsection requires

any highway user to use a FAST lane.

(11) ENVIRONMENTAL REQUIREMENTS.—Nothing in this

subsection affects any environmental requirement applicable to

the construction or operation of an eligible toll facility under

this title or any other provision of law.

§ 130. Railway-highway crossings

(a) * * *

* * * * * * *

(e) FUNDS FOR PROTECTIVE DEVICES.—For each fiscal year, at least $178,616,352 of the funds authorized and expended under section 148 shall be available for the elimination of hazards and the

installation of protective devices at railway-highway crossings. At

least 1/2 of the funds authorized for and expended under this section shall be available for the installation of protective devices at

railway-highway crossings. Sums authorized to be appropriated to

carry out this section shall be available for obligation in the same

manner as funds apportioned under section 104(b)(1) of this title.

* * * * * * *

(g) ANNUAL REPORT.—Each State shall report to the Secretary

not later than December 30 of each year on the progress being

made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements.

Each State report shall contain an assessment of the costs of the

various treatments employed and subsequent accident experience

at improved locations. The Secretary shall submit a report to the

Committee on Environment and Public Works and the Committee

on Commerce, Science, and Transportation, of the Senate and the

Committee on Transportation and Infrastructure of the House of

Representatives ønot later than April 1 of each year¿ every other

year, on the progress being made by the State in implementing

projects to improve railway-highway crossings. The report shall include, but not be limited to, the number of projects undertaken,

their distribution by cost range, road system, nature of treatment,

and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate each State

program, identify any State found not to be in compliance with the
175

schedule of improvements required by subsection (d) and include

recommendations for future implementation of the railroad highway crossings program.

* * * * * * *

(k) EXPENDITURE OF FUNDS.—Funds made available to carry

out this section shall be—

(1) available for expenditure on compilation and analysis of

data in support of activities carried out under subsection (g);

and

(2) apportioned in accordance with section 104(b)(5).

* * * * * * *

§ 132. Payments on Federal-aid projects undertaken by a

Federal agency

øWhere a proposed Federal-aid project is to be undertaken by

a Federal agency pursuant to an agreement between a State and

such Federal agency and the State makes a deposit with or payment to such Federal agency as may be required in fulfillment of

the State’s obligation under such agreement for the work undertaken or to be undertaken by such Federal agency, the Secretary,

upon execution of a project agreement with such State for the proposed Federal-aid project, may reimburse the State out of the appropriate appropriations the estimated Federal share under the

provisions of this title of the State’s obligation so deposited or paid

by such State. Upon completion of such project and its acceptance

by the Secretary, an adjustment shall be made in such Federal

share payable on account of such project based on the final cost

thereof.¿

(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 of a project agreement with

a State 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).

øAny sums¿

(c) RECOVERY AND CREDITING OF FUNDS.—Any sumsreimbursed

to the State under this section which may be in excess of the Federal pro rata share under the provisions of this title of the State’s

share of the cost as set forth in the approved final voucher submitted by the State shall be recovered and credited to the same

class of funds from which the Federal payment under this section

was made.
176

§ 133. Surface transportation program

(a) ESTABLISHMENT.—The Secretary shall establish a surface

transportation program in accordance with this section.

(b) ELIGIBLE PROJECTS.—A State may obligate funds apportioned to it under section 104(b)(3) for the surface transportation

program only for the following:

(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improvements for highways

(including Interstate highways) and bridges (including bridges

on public roads of all functional classifications), including any

such construction or reconstruction necessary to accommodate

other transportation modes, and including the seismic retrofit

and painting of and application of calcium magnesium acetate,

sodium acetate/formate, or other environmentally acceptable,

minimally corrosive anti-icing and de-icing compositions on

bridges and approaches thereto and other elevated structures,

mitigation of damage to wildlife, habitat, and ecosystems

caused by a transportation project funded under this title.

* * * * * * *

(11)(A) In accordance with all applicable Federal law and

regulations, participation in natural habitat and wetlands mitigation efforts related to projects funded under this title, which

may include participation in natural habitat and wetlands

mitigation banks; contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats

and wetlands; and development of statewide and regional natural habitat and wetlands conservation and mitigation plans,

including any such banks, efforts, and plans authorized pursuant to the Water Resources Development Act of 1990 (including

crediting provisions). Contributions to such mitigation efforts

may take place concurrent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent

with all applicable requirements of Federal law and regulations and State transportation planning processes. With respect to participation in a natural habitat or wetland mitigation effort related to a project funded under this title that has

an impact that occurs within the service area of a mitigation

bank, preference shall be given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains

sufficient available credits to offset the impact and the bank is

approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed.

Reg. 58605 (November 28, 1995)) or other applicable Federal

law (including regulations).

(B) State habitat, streams, and wetlands mitigation efforts

under section 155.

(12) Intermodal freight transportation projects in accordance with section 325(d)(2).

* * * * * * *

ø(14) Environmental restoration and pollution abatement

projects (including the retrofit or construction of storm water

treatment systems) to address water pollution or environ-
177

mental degradation caused or contributed to by transportation

facilities, which projects shall be carried out when the transportation facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration; except that the expenditure of

funds under this section for any such environmental restoration or pollution abatement project shall not exceed 20 percent

of the total cost of the reconstruction, rehabilitation, resurfacing, or restoration project.¿

(14) Environmental restoration and pollution abatement in

accordance with section 165.

(15) Control of invasive plant species and establishment of

native species in accordance with section 166.

(16) Regional transportation operations collaboration and

coordination activities that are associated with regional improvements, such as traffic incident management, technology

deployment, emergency management and response, traveler information, and regional congestion relief.

(17) RUSH HOUR CONGESTION RELIEF.— (A) IN GENERAL.—Subject to subparagraph (B), a State

may spend the funds apportioned under this section to reduce traffic delays caused by motor vehicle accidents and

breakdowns on highways during peak driving times.

(B) USE OF FUNDS.—A State, metropolitan planning organization, or local government may use the funds under

subparagraph (A)—

(i) to develop a region-wide coordinated plan to

mitigate traffic delays caused by motor vehicle accidents and breakdowns;

(ii) to purchase or lease telecommunications equipment for first responders;

(iii) to purchase or lease towing and recovery services;

(iv) to pay contractors for towing and recovery;

(v) to rent vehicle storage areas adjacent to roadways;

(vi) to fund service patrols, equipment, and operations;

(vii) to purchase incident detection equipment;

(viii) to carry out training.

(18) Transportation and community system preservation to

facilitate the planning, development, and implementation of

strategies of metropolitan planning organizations and local governments to integrate transportation, community, and system

preservation plans and practices that address the following:

(A) Improvement of the efficiency of the transportation

system in the United States.

(B) Reduction of the impacts of transportation on the

environment.

(C) Reduction of the need for costly future investments

in public infrastructure.

(D) Provision of efficient access to jobs, services, and

centers of trade.

(E) Examination of development patterns, and identification of strategies to encourage private sector develop-
178

ment patterns, that achieve the goals identified in subparagraphs (A) through (D).

(19) Projects relating to intersections, including

intersections—

(A) that—

(i) have disproportionately high accident rates;

(ii) have high levels of congestion, as evidenced

by—

(I) interrupted traffic flow at the intersection;

and

(II) a level of service rating, issued by the

Transportation Research Board of the National

Academy of Sciences in accordance with the Highway Capacity Manual, that is not better than ‘F’

during peak travel hours; and

(iii) are directly connected to or located on a Federal-aid highway; and

(B) improvements that are approved in the regional

plan of the appropriate local metropolitan planning organization.

* * * * * * *

(d) ALLOCATIONS OF APPORTIONED FUNDS.— ø(1) FOR SAFETY PROGRAMS.—10 percent of the funds apportioned to a State under section 104(b)(3) for the surface

transportation program for a fiscal year shall only be available

for carrying out sections 130 and 152 of this title. Of the funds

set aside under the preceding sentence, the State shall reserve

in such fiscal year an amount of such funds for carrying out

each such section which is not less than the amount of funds

apportioned to the State in fiscal year 1991 under such section.¿

ø(2)¿ (1) FOR TRANSPORTATION ENHANCEMENT ACTIVI- TIES.—10 percent of the funds apportioned to a State under

section 104(b)(3) for a fiscal year shall only be available for

transportation enhancement activities.

ø(3)¿ (2) DIVISION BETWEEN URBANIZED AREAS OF OVER

200,000 POPULATION AND OTHER AREAS.— (A) GENERAL RULE.—Except as provided in øsubparagraphs (C) and (D)¿ subparagraph (c), 62.5 percent of the

remaining ø80 percent¿ 90 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year

shall be obligated under this section—

(i) in urbanized areas of the State with an urbanized area population of over 200,000, and

(ii) in other areas of the State,

in proportion to their relative share of the State’s population. The remaining 37.5 percent may be obligated in

any area of the State. Funds attributed to an urbanized

area under clause (i) may be obligated in the metropolitan

area established under section 134 which encompasses the

urbanized area.

(B) SPECIAL RULE FOR AREAS OF LESS THAN 5,000 POP- ULATION.—Of the amounts required øtobe¿ to be obligated

under subparagraph (A)(ii), the State shall obligate in
179

areas of the State (other than urban areas with a population greater than 5,000) an amount which is not less

than 110 percent of the amount of funds apportioned to

the State for the Federal-aid secondary system for fiscal

year 1991.

ø(C) SPECIAL RULE FOR CERTAIN STATES.—In the case

of a State in which—

ø(i) greater than 80 percent of the population of

the State is located in 1 or more metropolitan statistical areas, and

ø(ii) greater than 80 percent of the land area of

such State is owned by the United States,

the 62.5 percentage specified in the first sentence of subparagraph (A) shall be 35 percent and the percentage specified in the second sentence of subparagraph (A) shall be

65 percent.¿

ø(D)¿ (C) NONCONTIGUOUS STATES EXEMPTION.—Subparagraph (A) shall not apply to Hawaii and Alaska.

ø(E)¿ (D) DISTRIBUTION BETWEEN URBANIZED AREAS OF

OVER 200,000 POPULATION.—The amount of funds which a

State is required to obligate under subparagraph (A)(i)

shall be obligated in urbanized areas described in subparagraph (A)(i) based on the relative population of such areas;

except that the State may obligate such funds based on

other factors if the State and the relevant metropolitan

planning organizations jointly apply to the Secretary for

the permission to do so and the Secretary grants the request.

ø(4)¿ (3) APPLICABILITY OF PLANNING REQUIREMENTS.—Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134

and 135 of this title.

ø(5)¿ (4) APPLICABILITY OF CERTAIN REQUIREMENTS TO

THIRD PARTY SELLERS.—

(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), in the case of a transportation enhancement activity funded from the allocation required

under øparagraph (2)¿ paragraph (1), if real property or

an interest in real property is to be acquired from a qualified organization exclusively for conservation purposes (as

determined under section 170(h) of the Internal Revenue

Code of 1986), the organization shall be considered to be

the owner of the property for the purpose of the Uniform

Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

(B) FEDERAL APPROVAL PRIOR TO INVOLVEMENT OF

QUALIFIED ORGANIZATION.—If Federal approval of the acquisition of the real property or interest predates the involvement of a qualified organization described in subparagraph (A) in the acquisition of the property, the organization shall be considered to be an acquiring agency or person as described in section 24.101(a)(2) of title 49, Code of

Federal Regulations, for the purpose of the Uniform Relo-
180

cation Assistance and Real Property Acquisition Policies

Act of 1970.

(C) ACQUISITIONS ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS.—If a qualified organization described in subparagraph (A) has contracted with a State transportation

department or other recipient of Federal funds to acquire

the real property or interest on behalf of the recipient, the

organization shall be considered to be an agent of the recipient for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

(5) HIGHWAY STORMWATER DISCHARGE MITIGATION

PROJECTS.—Of the amount apportioned to a State under section

104(b)(3) for a fiscal year, 2 percent shall be available only for

projects and activities carried out under section 167.

(e) ADMINISTRATION.—

(1) NONCOMPLIANCE.—If the Secretary determines that a

State or local government has failed to comply substantially

with any provision of this section, the Secretary shall notify

the State that, if the State fails to take corrective action within

60 days from the date of receipt of the notification, the Secretary will withhold future apportionments under section

104(b)(3) until the Secretary is satisfied that appropriate corrective action has been taken.

(2) PROGRAM APPROVAL.—

(A) SUBMISSION OF PROJECT AGREEMENT.—For each

fiscal year, each State shall submit a project agreement

that—

(i) certifies that the State will meet all the requirements of this section; and

(ii) notifies the Secretary of the amount of obligations needed to carry out the program under this section.

(B) REQUEST FOR ADJUSTMENTS OF AMOUNTS.—Each

State shall request from the Secretary such adjustments to

the amount of obligations referred to in subparagraph

(A)(ii) as the State determines to be necessary.

(C) EFFECT OF APPROVAL BY THE SECRETARY.—Approval by the Secretary of a project agreement under subparagraph (A) shall be deemed a contractual obligation of

the United States to pay surface transportation program

funds made available under this title.

(3) PAYMENTS.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), the Secretary shall make payments to a State of costs

incurred by the State for the surface transportation program in accordance with procedures to be established by

the Secretary.

(B) ADVANCE PAYMENT OPTION FOR TRANSPORTATION

ENHANCEMENT ACTIVITIES.—

(i) IN GENERAL.—The Secretary may advance

funds to the State for transportation enhancement activities funded from the allocation required by subsection ø(d)(2)¿ (d)(1) for a fiscal year.
181

(ii) LIMITATION ON AMOUNTS.—Amounts advanced

under this subparagraph shall be limited to such

amounts as are necessary to make prompt payments

for project costs.

(iii) EFFECT ON OTHER REQUIREMENTS.—This subparagraph shall not exempt a State from other requirements of this title relating to the surface transportation program.

(4) POPULATION DETERMINATIONS.—The Secretary shall use

estimates prepared by the Secretary of Commerce when determining population figures for purposes of this section.

(5) TRANSPORTATION ENHANCEMENT ACTIVITIES.— (A) CATEGORICAL EXCLUSIONS.—To the extent appropriate, the Secretary shall develop categorical exclusions

from the requirement that an environmental assessment

or an environmental impact statement under section 102

of the National Environmental Policy Act of 1969 (42

U.S.C. 4332) be prepared for transportation enhancement

activities funded from the allocation required by subsection

ø(d)(2)¿ (d)(1). (B) NATIONWIDE PROGRAMMATIC AGREEMENT.—The

Secretary, in consultation with the National Conference of

State Historic Preservation Officers and the Advisory

Council on Historic Preservation established under title II

of the National Historic Preservation Act (16 U.S.C. 470i

et seq.), shall develop a nationwide programmatic agreement governing the review of transportation enhancement

activities funded from the allocation required by subsection

ø(d)(2)¿ (d)(1), in accordance with—

(i) section 106 of such Act (16 U.S.C. 470f); and

(ii) the regulations of the Advisory Council on Historic Preservation.

(C) COST SHARING.—

(i) REQUIRED AGGREGATE NON-FEDERAL SHARE.— The average annual non-Federal share of the total cost

of all projects to carry out transportation enhancement

activities in a State for a fiscal year shall be not less

than the non-Federal share authorized for the State

under section 120(b).

(ii) INNOVATIVE FINANCING.—Subject to clause (i),

notwithstanding section 120—

(I) funds from other Federal agencies and the

value of other contributions (as determined by the

Secretary) may be credited toward the non-Federal share of the costs of a project to carry out a

transportation enhancement activity;

(II) the non-Federal share for such a project

may be calculated on a project, multiple-project, or

program basis; and

(III) the Federal share of the cost of an individual project to which subclause (I) or (II) applies

may be up to 100 percent.

(D) PRIORITY FOR PEDESTRIAN AND BICYCLE FACILITY

ENHANCEMENT PROJECTS.—The Secretary shall encourage
182

States to give priority to pedestrian and bicycle facility enhancement projects that include a coordinated physical activity or healthy lifestyles program.

* * * * * * *

§ 134. Metropolitan planning

(a) * * *

* * * * * * *

(d) COORDINATION IN MULTISTATE AREAS.—

(1) IN GENERAL.—The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the

entire metropolitan area.

(2) INTERSTATE COMPACTS.—The consent of Congress is

granted to any 2 or more States—

(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and

(B) to establish such agencies, joint or otherwise, as

the States may determine desirable for making the agreements and compacts effective.

(3) LAKE TAHOE REGION.— (A) DEFINITION.—In this paragraph, the term ‘‘Lake

Tahoe region’’ has the meaning given the term ‘‘region’’ in

subdivision (a) of article II of the Tahoe Regional Planning

Compact, as set forth in the first section of Public Law 96–

551 (94 Stat. 3234).

(B) TRANSPORTATION PLANNING PROCESS.—The Secretary shall—

(i) establish with the Federal land management

agencies that have jurisdiction over land in the Lake

Tahoe region a transportation planning process for the

region; and

(ii) coordinate the transportation planning process

with the planning process required of State and local

governments under this section, section 135, and chapter 53 of title 49.

(C) INTERSTATE COMPACT.—

(i) IN GENERAL.—Subject to clause (ii), notwithstanding subsection (b), to carry out the transportation

planning process required by this section, the consent

of Congress is granted to the States of California and

Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governors of the States of California and

Nevada and units of general purpose local government

that together represent at least 75 percent of the affected population (including the central city or cities

(as defined by the Bureau of the Census)), or in ac-
183

cordance with procedures established by applicable

State or local law.

(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT

AGENCIES.—

(I) REPRESENTATION.—The policy board of a

metropolitan planning organization designated

under clause (i) shall include a representative of

each Federal land management agency that has

jurisdiction over land in the Lake Tahoe region.

ø(II) FUNDING.—In addition to funds made

available to the metropolitan planning organization under other provisions of this title and under

chapter 53 of title 49, not more than 1 percent of

the funds allocated under section 202 may be used

to carry out the transportation planning process

for the Lake Tahoe region under this subparagraph.¿

(II) FUNDING.—In addition to funds made

available to the metropolitan planning organization for the Lake Tahoe Region under this title and

chapter 53 of title 49, 1 percent of all funds distributed under section 202 shall be used to carry

out the transportation planning process for the

Lake Tahoe region under this subparagraph.

(D) ACTIVITIES.—Highway projects included in transportation plans developed under this paragraph—

(i) shall be selected for funding in a manner that

facilitates the participation of the Federal land management agencies that have jurisdiction over land in

the Lake Tahoe region; and

(ii) may, in accordance with chapter 2, be funded

using funds allocated under section 202.

(4) RECIPIENTS OF OTHER ASSISTANCE.—The Secretary shall

encourage each metropolitan planning organization to coordinate, to the maximum extent practicable, the design and delivery of transportation services within the metropolitan planning

area that are provided—

(A) by recipients of assistance under chapter 53 of title

49; and

(B) by governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source

other than the Department of Transportation to provide

nonemergency transportation services.

* * * * * * *

(f) SCOPE OF PLANNING PROCESS.— (1) IN GENERAL.—The metropolitan transportation planning process for a metropolitan area under this section shall

provide for consideration of projects and strategies that will—

(A) support the economic vitality of the metropolitan

area, especially by enabling global competitiveness, productivity, and efficiency;

(B) increase the safety and security of the transportation system for motorized and nonmotorized users;
184

(C) increase the accessibility and mobility options

available to people and for freight;

(D) protect and enhance the environment (including

the protection of habitat, water quality, and agricultural

and forest land, while minimizing invasive species), promote energy conservation, and improve quality of life;

(E) enhance the integration and connectivity of the

transportation system, across and between modes, for people and freight (including minimizing adverse health effects from mobile source air pollution and promoting the

linkage of the transportation and development goals of the

metropolitan area);

(F) promote efficient system management and operation; and

(G) emphasize the preservation and efficient use of the

existing transportation system.

(2) SELECTION OF FACTORS.—After soliciting and considering any relevant public comments, the metropolitan planning

organization shall determine which of the factors described in

paragraph (1) are most appropriate for the metropolitan area to

consider.

ø(2)¿ (3) FAILURE TO CONSIDER FACTORS.—The failure to

consider any factor specified in paragraph (1) shall not be reviewable by any court under this title, subchapter II of chapter

5 of title 5, or chapter 7 of title 5 in any matter affecting a

transportation plan, a transportation improvement plan, a

project or strategy, or the certification of a planning process.

(g) DEVELOPMENT OF LONG-RANGE TRANSPORTATION PLAN.— (1) IN GENERAL.—Each metropolitan planning organization

shall prepare, and update øperiodically, according to a schedule that the Secretary determines to be appropriate,¿ every 4

years (or more frequently, in a case in which the metropolitan

planning organization elects to update a transportation plan

more frequently) in areas designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)),

and in areas that were nonattainment that have been redesignated to attainment in accordance with section 107(d)(3) of that

Act (42 U.S.C. 7407(d)(3)), with a maintenance plan under section 175A of that Act (42 U.S.C. 7505a), or every 5 years (or

more frequently, in a case in which the metropolitan planning

organization elects to update a transportation plan more frequently) in areas designated as attainment (as defined in section 107(d) of that Act (42 U.S.C. 7407(d))), a long-range transportation plan for its metropolitan area in accordance with the

requirements of this subsection.

(2) LONG-RANGE TRANSPORTATION PLAN.—A long-range

transportation plan under this section shall be in a form that

the Secretary determines to be appropriate and shall contain,

at a minimum, the following:

(A) An identification of transportation facilities (including but not necessarily limited to major roadways,

transit, and multimodal and intermodal facilities) that

should function as an integrated metropolitan transportation system, giving emphasis to those facilities that
185

serve important national and regional transportation functions. In formulating the long-range transportation plan,

the metropolitan planning organization shall consider factors described in subsection (f) as such factors relate to a

20-year forecast period.

(B) MITIGATION ACTIVITIES.— (i) IN GENERAL.—A long-range transportation plan

shall include a discussion of—

(I) types of potential habitat, hydrological, and

environmental mitigation activities that may assist

in compensating for loss of habitat, wetland, and

other environmental functions; and

(II) potential areas to carry out these activities,

including a discussion of areas that may have the

greatest potential to restore and maintain the habitat types and hydrological or environmental functions affected by the plan.

(ii) CONSULTATION.—The discussion shall be developed in consultation with Federal, State, and tribal

wildlife, land management, and regulatory agencies.

ø(B)¿ (C) A financial plan that demonstrates how the

adopted long-range transportation plan can be implemented, indicates resources from public and private

sources that are reasonably expected to be made available

to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The

financial plan may include, for illustrative purposes, additional projects that would be included in the adopted longrange transportation plan if reasonable additional resources beyond those identified in the financial plan were

available. For the purpose of developing the long-range

transportation plan, the metropolitan planning organization and State shall cooperatively develop estimates of

funds that will be available to support plan implementation.

ø(C)¿ (D) Assess capital investment and other measures necessary to—

(i) ensure the preservation of the existing metropolitan transportation system, including requirements

for operational improvements, resurfacing, restoration,

and rehabilitation of existing and future major roadways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit

facilities; and

(ii) make the most efficient use of existing transportation facilities to relieve vehicular congestion and

maximize the mobility of people and goods.

ø(D)¿ (E) Indicate as appropriate proposed transportation enhancement activities.

(3) COORDINATION WITH CLEAN AIR ACT AGENCIES.—In metropolitan areas which are in nonattainment for ozone or carbon

monoxide under the Clean Air Act, the metropolitan planning

organization shall coordinate the development of a long-range

transportation plan with the process for development of the
186

transportation control measures of the State implementation

plan required by the Clean Air Act.

(4) CONSULTATION.—

(A) IN GENERAL.—In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land

use management, natural resources, environmental protection, conservation, and historic preservation concerning the

development of a long-range transportation plan.

(B) ISSUES.—The consultation shall involve—

(i) comparison of transportation plans with State

conservation plans or with maps, if available;

(ii) comparison of transportation plans to inventories of natural or historic resources, if available; or

(iii) consideration of areas where wildlife crossing

structures may be needed to ensure connectivity between wildlife habitat linkage areas.

ø(4)¿ (5) PARTICIPATION BY INTERESTED PARTIES.—øBefore

approving¿

(A) IN GENERAL.—Before approving a long-range transportation plan, each metropolitan planning organization

shall provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers,

providers of freight transportation services, private providers of transportation, representatives of users of public

transit, and other interested parties with a reasonable opportunity to comment on the long-range transportation

plan, in a manner that the Secretary deems appropriate.

(B) METHODS.—In carrying out subparagraph (A), the

metropolitan planning organization shall, to the maximum

extent practicable—

(i) hold any public meetings at convenient and accessible locations and times;

(ii) employ visualization techniques to describe

plans; and

(iii) make public information available in electronically accessible format and means, such as the

World Wide Web.

ø(5)¿ (6) PUBLICATION OF LONG-RANGE TRANSPORTATION

PLAN.—Each long-range transportation plan prepared by a

metropolitan planning organization shall be—

(i) published or otherwise made readily available for

public review, including (to the maximum extent practicable) in electronically accessible formats and means such

as the World Wide Web; and

(ii) submitted for information purposes to the Governor at such times and in such manner as the Secretary

shall establish.

ø(6)¿ (7) SELECTION OF PROJECTS FROM ILLUSTRATIVE

LIST.—Notwithstanding paragraph (2)(B), a State or metropolitan planning organization shall not be required to select any

project from the illustrative list of additional projects included

in the financial plan under paragraph (2)(B).
187

(h) METROPOLITAN TRANSPORTATION IMPROVEMENT PRO- GRAM.— (1) DEVELOPMENT.— (A) IN GENERAL.—In cooperation with the State and

any affected public transit operator, the metropolitan planning organization designated for a metropolitan area shall

develop a transportation improvement program for the

area for which the organization is designated.

(B) OPPORTUNITY FOR COMMENT.—In developing the

program, the metropolitan planning organization, in cooperation with the State and any affected public transit

operator, shall provide citizens, affected public agencies,

representatives of transportation agency employees, freight

shippers, providers of freight transportation services, private providers of transportation, representatives of users

of public transit, and other interested parties with a reasonable opportunity to comment on the proposed program.

(C) FUNDING ESTIMATES.—For the purpose of developing the transportation improvement program, the metropolitan planning organization, public transit agency, and

State shall cooperatively develop estimates of funds that

are reasonably expected to be available to support program

implementation.

(D) UPDATING AND APPROVAL.—The program shall be

updated at least once every ø2 years¿ 4 years and shall be

approved by the metropolitan planning organization and

the Governor.

(2) CONTENTS.—The transportation improvement program

shall include—

(A) a priority list of proposed federally supported

projects and strategies to be carried out within each ø3-

year¿ 4-year period after the initial adoption of the transportation improvement program; and

(B) a financial plan that—

(i) demonstrates how the transportation improvement program can be implemented;

(ii) indicates resources from public and private

sources that are reasonably expected to be available to

carry out the program;

(iii) identifies innovative financing techniques to

finance projects, programs, and strategies; and

(iv) may include, for illustrative purposes, additional projects that would be included in the approved

transportation improvement program if reasonable additional resources beyond those identified in the financial plan were available.

(3) INCLUDED PROJECTS.—

(A) PROJECTS UNDER THIS CHAPTER AND CHAPTER 53

OF TITLE 49.—A transportation improvement program developed under this subsection for a metropolitan area shall

include the projects and strategies within the area that are

proposed for funding under this chapter and chapter 53 of

title 49.

(B) PROJECTS UNDER CHAPTER 2.—
188

(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under

chapter 2 shall be identified individually in the transportation improvement program.

(ii) OTHER PROJECTS.—Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or

identified individually in the transportation improvement program.

(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION

PLAN.—Each project shall be consistent with the longrange transportation plan developed under subsection (g)

for the area.

(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.— The program shall include a project, or an identified phase

of a project, only if full funding can reasonably be anticipated to be available for the project within the time period

contemplated for completion of the project.

(4) NOTICE AND COMMENT.—Before approving a transportation improvement program, a metropolitan planning organization shall, in cooperation with the State and any affected

public transit operator, provide citizens, affected public agencies, representatives of transportation agency employees,

freight shippers, providers of freight transportation services,

private providers of transportation, representatives of users of

public transit, and other interested parties with reasonable notice of and an opportunity to comment on the proposed program.

(5) SELECTION OF PROJECTS.— (A) IN GENERAL.—Except as otherwise provided in subsection (i)(4) and in addition to the transportation improvement program development required under paragraph (1),

the selection of federally funded projects in metropolitan

areas shall be carried out, from the approved transportation improvement program—

(i) by—

(I) in the case of projects under this chapter,

the State; and

(II) in the case of projects under chapter 53 of

title 49, the designated transit funding recipients;

and

(ii) in cooperation with the metropolitan planning

organization.

(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included

in the approved transportation improvement program in

place of another project in the program.

(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— (A) NO REQUIRED SELECTION.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the

illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv).
189

(B) REQUIRED ACTION BY THE SECRETARY.—Action by

the Secretary shall be required for a State or metropolitan

planning organization to select any project from the illustrative list of additional projects included in the financial

plan under paragraph (2)(B)(iv) for inclusion in an approved transportation improvement program.

(7) PUBLICATION.— (A) PUBLICATION OF TRANSPORTATION IMPROVEMENT

PROGRAMS.—A transportation improvement program involving Government participation shall be published or

otherwise made readily available by the metropolitan planning organization for public review.

(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.— An annual listing of projects for which Federal funds have

been obligated in the preceding year shall be published or

otherwise made available by the metropolitan planning organization for public review. The listing shall be consistent

with the categories identified in the transportation improvement program.

(i) TRANSPORTATION MANAGEMENT AREAS.— (1) DESIGNATION.— (A) REQUIRED DESIGNATIONS.—The Secretary shall

designate as a transportation management area each urbanized area with a population of over 200,000 individuals.

(B) DESIGNATIONS ON REQUEST.—The Secretary shall

designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.

(C) SPECIAL DESIGNATION.— (i) IN GENERAL.—The urbanized areas of Oklahoma City, Oklahoma, and Norman, Oklahoma, shall

be designated as a single transportation management

area.

(ii) ALLOCATION.—The allocation of funds to the

Oklahoma City-Norman Transportation Management

Area designated under clause (i) shall be based on the

aggregate population of the 2 urbanized areas referred

to in that clause, as determined by the Bureau of the

Census.

(2) TRANSPORTATION PLANS AND PROGRAMS.—Within a

transportation management area, transportation plans and

programs shall be based on a continuing and comprehensive

transportation planning process carried out by the metropolitan planning organization in cooperation with the State and

transit operators.

(3) CONGESTION MANAGEMENT SYSTEM.—Within a transportation management area, the transportation planning process

under this section shall include a congestion management system that provides for effective management of new and existing transportation facilities eligible for funding under this title

and chapter 53 of title 49 through the use of travel demand reduction and operational management strategies. The Secretary

shall establish an appropriate phase-in schedule for compliance

with the requirements of this section.
190

(4) SELECTION OF PROJECTS.—

(A) IN GENERAL.—All federally funded projects carried

out within the boundaries of a transportation management

area under this title (excluding projects carried out on the

National Highway System and projects carried out under

the bridge program or the Interstate maintenance program) or under chapter 53 of title 49 shall be selected for

implementation from the approved transportation improvement program by the metropolitan planning organization

designated for the area in consultation with the State and

any affected public transit operator.

(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects

carried out within the boundaries of a transportation management area on the National Highway System and

projects carried out within such boundaries under the

bridge program or the Interstate maintenance program

shall be selected for implementation from the approved

transportation improvement program by the State in cooperation with the metropolitan planning organization designated for the area.

(5) CERTIFICATION.—

(A) IN GENERAL.—The Secretary shall—

(i) ensure that the metropolitan planning process

in each transportation management area is being carried out in accordance with applicable provisions of

Federal law; and

(ii) subject to subparagraph (B), certify, not less

often than once every 3 years, that the requirements

of this paragraph are met with respect to the transportation management area.

(B) REQUIREMENTS FOR CERTIFICATION.—The Secretary

may make the certification under subparagraph (A) if—

(i) the transportation planning process complies

with the requirements of this section and other applicable requirements of Federal law; and

(ii) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor.

(C) EFFECT OF FAILURE TO CERTIFY.—

(i) WITHHOLDING OF FUNDS.—If a metropolitan

planning process is not certified, the Secretary may

withhold up to 20 percent of the apportioned funds attributable to the transportation management area

under this title and chapter 53 of title 49.

(ii) RESTORATION OF WITHHELD FUNDS.—The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning

organization is certified by the Secretary.

(iii) FEASIBILITY OF PRIVATE ENTERPRISE PARTICIPATION.—The Secretary shall not withhold certification under this paragraph based on the policies and

criteria established by a metropolitan planning organization or transit grant recipient for determining the
191

feasibility of private enterprise participation in accordance with section 5306(a) of title 49.

(D) REVIEW OF CERTIFICATION.—In making certification determinations under this paragraph, the Secretary

shall provide for public involvement appropriate to the

metropolitan area under review.

* * * * * * *

§ 135. Statewide planning

(a) * * *

* * * * * * *

(c) SCOPE OF PLANNING PROCESS.—

(1) IN GENERAL.—Each State shall carry out a transportation planning process that provides for consideration of

projects and strategies that will—

(A) support the economic vitality of the United States,

the States, and metropolitan areas, especially by enabling

global competitiveness, productivity, and efficiency;

(B) increase the safety and security of the transportation system for motorized and nonmotorized users;

(C) increase the accessibility and mobility options

available to people and for freight;

(D) protect and enhance the environment (including

the protection of habitat, water quality, and agricultural

and forest land, while minimizing invasive species), promote energy conservation, and improve quality of life (including minimizing adverse health effects from mobile

source air pollution and promoting the linkage of the transportation and development goals of the State);

(E) enhance the integration and connectivity of the

transportation system, across and between modes throughout the State, for people and freight;

(F) promote efficient system management and operation; and

(G) emphasize the preservation and efficient use of the

existing transportation system.

(2) SELECTION OF PROJECTS AND STRATEGIES.—After soliciting and considering any relevant public comments, the State

shall determine which of the projects and strategies described

in paragraph (1) are most appropriate for the State to consider.

ø(2)¿ (3) FAILURE TO CONSIDER FACTORS.—The failure to

consider any factor specified in paragraph (1) shall not be reviewable by any court under this title, subchapter II of chapter

5 of title 5, or chapter 7 of title 5 in any matter affecting a

transportation plan, a transportation improvement plan, a

project or strategy, or the certification of a planning process.

* * * * * * *

(e) LONG-RANGE TRANSPORTATION PLAN.—

(1) DEVELOPMENT.—Each State shall develop a long-range

transportation plan, with a minimum 20-year forecast period,

for all areas of the State, that provides for the development
192

and implementation of the intermodal transportation system of

the State.

(2) CONSULTATION WITH GOVERNMENTS.— (A) METROPOLITAN AREAS.—With respect to each metropolitan area in the State, the long-range transportation

plan shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan

area under section 134 of this title and section 5303 of title

49.

(B) NONMETROPOLITAN AREAS.—With respect to each

nonmetropolitan area, the long-range transportation plan

shall be developed in consultation with affected local officials with responsibility for transportation.

(C) INDIAN TRIBAL AREAS.—With respect to each area

of the State under the jurisdiction of an Indian tribal government, the long-range transportation plan shall be developed in consultation with the tribal government and the

Secretary of the Interior.

(D) CONSULTATION, COMPARISON, AND CONSIDER- ATION.—(i) IN GENERAL.—The long-range transportation

plan shall be developed, as appropriate, in consultation

with State and local agencies responsible for—

(I) land use management;

(II) natural resources;

(III) environmental protection;

(IV) conservation; and

(V) historic preservation.

(ii) COMPARISON AND CONSIDERATION.—Consultation under clause (i) shall involve—

(I) comparison of transportation plans to State

conservation plans or maps, if available;

(II) comparison of transportation plans to inventories of natural or historic resources, if available; or

(III) consideration of areas where wildlife

crossing structures may be needed to ensure

connectivity between wildlife habitat linkage areas.

(3) PARTICIPATION BY INTERESTED PARTIES.—In developing

the long-range transportation plan, the State shall—

(A) provide citizens, affected public agencies, representatives of transportation agency employees, freight

shippers, private providers of transportation, representatives of users of public transit, providers of freight transportation services, and other interested parties with a reasonable opportunity to comment on the proposed plan; and

ø(B) identify transportation strategies necessary to efficiently serve the mobility needs of people.¿

(B) METHODS.—In carrying out subparagraph (A), the

State shall, to the maximum extent practicable—

(i) hold any public meetings at convenient and accessible locations and times;

(ii) employ visualization techniques to describe

plans; and
193

(iii) make public information available in electronically accessible format and means, such as the

World Wide Web.

(4) MITIGATION ACTIVITIES.—

(A) IN GENERAL.—A long-range transportation plan

shall include a discussion of—

(i) types of potential habitat, hydrological, and environmental mitigation activities that may assist in

compensating for loss of habitat, wetlands, and other

environmental functions; and

(ii) potential areas to carry out these activities, including a discussion of areas that may have the greatest potential to restore and maintain the habitat types

and hydrological or environmental functions affected

by the plan.

(B) CONSULTATION.—The discussion shall be developed

in consultation with Federal, State, and tribal wildlife,

land management, and regulatory agencies.

(5) TRANSPORTATION STRATEGIES.—A long-range transportation plan shall identify transportation strategies necessary to

efficiently serve the mobility needs of people.

ø(4)¿ (6) FINANCIAL PLAN.—The long-range transportation

plan may include a financial plan that demonstrates how the

adopted long-range transportation plan can be implemented,

indicates resources from public and private sources that are

reasonably expected to be made available to carry out the plan,

and recommends any additional financing strategies for needed

projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included

in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were

available.

ø(5)¿ (7) SELECTION OF PROJECTS FROM ILLUSTRATIVE

LIST.—Notwithstanding paragraph (4), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph

(4).

(8) PUBLICATION OF LONG-RANGE TRANSPORTATION

PLANS.—Each long-range transportation plan prepared by a

State shall be published or otherwise made available, including

(to the maximum extent practicable) in electronically accessible

formats and means, such as the World Wide Web.

(f) STATE TRANSPORTATION IMPROVEMENT PROGRAM.—

(1) DEVELOPMENT.—

(A) IN GENERAL.—Each State shall develop a transportation improvement program (which program shall cover a

period of 4 years and be updated every 4 years) for all

areas of the State.

* * * * * * *

§ 137. Fringe and corridor parking facilities

(a) The Secretary may approve as a project øon the Federalaid urban system¿ on a Federal-aid highway the acquisition of land
194

adjacent to the right-of-way outside a central business district, as

defined by the Secretary, and the construction of publicly owned

parking facilities thereon or within such right-of-way, including the

use of the air space above and below the established grade line of

the highway pavement, to serve an urban area of fifty thousand

population or more. Such parking facility shall be located and designed in conjunction with existing or planned public transportation facilities. In the event fees are charged for the use of any

such facility, the rate thereof shall not be in excess of that required

for maintenance and operation (including compensation to any person for operating such facility).

* * * * * * *

§ 138. Preservation of parklands

øIt is hereby¿

(a) DECLARATION OF POLICY.—It isdeclared to be the national

policy that special effort should be made to preserve the natural

beauty of the countryside and public park and recreation lands,

wildlife and waterfowl refuges, and historic sites. The Secretary of

Transportation shall cooperate and consult with the Secretaries of

the Interior, Housing and Urban Development, and Agriculture,

and with the States in developing transportation plans and programs that include measures to maintain or enhance the natural

beauty of the lands traversed. After the effective date of the Federal-Aid Highway Act of 1968, the Secretary shall not approve any

program or project (other than any project for a park road or parkway under section 204 of this title) which requires the use of any

publicly owned land from a public park, recreation area, or wildlife

and waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction

thereof, or any land from an historic site of national, State, or local

significance as so determined by such officials unless (1) there is

no feasible and prudent alternative to the use of such land, and (2)

such program includes all possible planning to minimize harm to

such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use. In carrying out the national policy declared in this section the Secretary, in cooperation with the

Secretary of the Interior and appropriate State and local officials,

is authorized to conduct studies as to the most feasible Federal-aid

routes for the movement of motor vehicular traffic through or

around national parks so as to best serve the needs of the traveling

public while preserving the natural beauty of these areas.

(b) DE MINIMIS IMPACTS.—

(1) REQUIREMENTS.—

(A) IN GENERAL.—The requirements of this section

shall be considered to be satisfied with respect to an area

described in paragraph (2) or (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on

the area.

(B) CRITERIA.—In making any determination under

this subsection, the Secretary shall consider to be part of a

transportation program or project any avoidance, mini-
195

mization, mitigation, or enhancement measures that are required to be implemented as a condition of approval of the

transportation program or project.

(2) HISTORIC SITES.—With respect to historic sites, the Secretary may make a finding of de minimis impact only if—

(A) the Secretary has determined, in accordance with

the consultation process required under section 106 of the

National Historic Preservation Act (16 U.S.C. 470f), that—

(i) the transportation program or project will have

no adverse effect on the historic site; or

(ii) there will be no historic properties affected by

the transportation program or project;

(B) the finding of the Secretary has received written

concurrence from the applicable State historic preservation

officer or tribal historic preservation officer (and from the

Advisory Council on Historic Preservation, if participating

in the consultation); and

(C) the finding of the Secretary has been developed in

consultation with parties consulting as part of the process

referred to in subparagraph (A).

(3) PARKS, RECREATION AREAS, AND WILDLIFE AND WATER- FOWL REFUGES.—With respect to parks, recreation areas, and

wildlife or waterfowl refuges, the Secretary may make a finding

of de minimis impact only if—

(A) the Secretary has determined, in accordance with

the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.) (including public notice and opportunity for

public review and comment), that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this

section; and

(B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park,

recreation area, or wildlife or waterfowl refuge.

§ 139. Infrastructure performance and maintenance program

(a) ESTABLISHMENT.—The Secretary shall establish and implement an infrastructure performance and maintenance program in

accordance with this section.

(b) ELIGIBLE PROJECTS.—A State may obligate funds allocated

to the State under this section only for projects eligible under the

Interstate maintenance program under section 119, the National

Highway System program under section 103, the surface transportation program under section 133, the highway safety improvement

program under section 148, the highway bridge program under section 144, and the congestion mitigation and air quality improvement program under section 149 that will—

(1) preserve, maintain, or otherwise extend, in a cost-effective manner, the useful life of existing highway infrastructure

elements and hurricane evacuation routes on the Federal-aid

system; or

(2) provide operational improvements (including traffic

management and intelligent transportation system strategies
196

and limited capacity enhancements) at points of recurring highway congestion or through transportation systemic changes to

manage or ameliorate congestion.

(c) PERIOD OF AVAILABILITY.— (1) OBLIGATION WITHIN 180 DAYS.— (A) IN GENERAL.—Funds allocated to a State under

this section shall be obligated by the State not later than

180 days after the date of apportionment.

(B) UNOBLIGATED FUNDS.—Any amounts that remain

unobligated at the end of that period shall be allocated in

accordance with subsection (d).

(2) OBLIGATION BY END OF FISCAL YEAR.— (A) IN GENERAL.—All funds allocated or reallocated

under this section shall remain available for obligation

until the last day of the fiscal year for which the funds are

apportioned.

(B) UNOBLIGATED FUNDS.—Any amounts allocated that

remain unobligated at the end of the fiscal year shall lapse.

(d) REDISTRIBUTION OF ALLOCATED FUNDS AND OBLIGATION

AUTHORITY.— (1) IN GENERAL.—On the date that is 180 days after the

date of allocation, or as soon thereafter as practicable, for each

fiscal year, the Secretary shall—

(A) withdraw—

(i) any funds allocated to a State under this section that remain unobligated; and

(ii) an equal amount of obligation authority provided for the use of the funds in accordance with section 1101(13) of the Safe, Accountable, Flexible, and

Efficient Transportation Equity Act of 2005; and

(B) reallocate the funds and redistribute the obligation

authority to those States that—

(i) have fully obligated all amounts allocated

under this section for the fiscal year; and

(ii) demonstrate that the State is able to obligate

additional amounts for projects eligible under this section before the end of the fiscal year.

(2) EQUITY BONUS.—The calculation and distribution of

funds under section 105 shall be adjusted as a result of the allocation of funds under this subsection.

(e) FEDERAL SHARE PAYABLE.—The Federal share payable for a

project funded under this section shall be determined in accordance

with section 120.

§ 140. Nondiscrimination

(a) Prior to approving any programs for projects as provided for

in øsubsection (a) of section 105 of this title¿ section 135, the Secretary shall require assurances from any State desiring to avail

itself of the benefits of this chapter that employment in connection

with proposed projects will be provided without regard to race,

color, creed, national origin, or sex. øHe¿ The Secretary shall require that each State shall include in the advertised specifications,

notification of the specific equal employment opportunity responsibilities of the successful bidder. In approving programs for
197

projects on any of the Federal-aid systems, the Secretary shall,

øwhere he considers it necessary to assure¿ if necessary to ensure

equal employment opportunity, require certification by any State

desiring to avail itself of the benefits of this chapter that there are

in existence and available on a regional, statewide, or local basis,

apprenticeship, skill improvement or other upgrading programs,

registered with the Department of Labor or the appropriate State

agency, if any, which provide equal opportunity for training and

employment without regard to race, color, creed, national origin, or

sex. In implementing such programs, a State may reserve training

positions for persons who receive welfare assistance from such

State; except that the implementation of any such program shall

not cause current employees to be displaced or current positions to

be supplanted or preclude workers that are participating in an apprenticeship, skill improvement, or other upgrading program registered with the Department of Labor or the appropriate State

agency from being referred to, or hired on, projects funded under

this title without regard to the length of time of their participation

in such program. The Secretary shall periodically obtain from the

Secretary of Labor and the respective State transportation departments information which will enable øhim¿ the Secretary to judge

compliance with the requirements of this section and the Secretary

of Labor shall render to the Secretary such assistance and information as øhe¿ the Secretary shall deem necessary to carry out the

equal employment opportunity program required hereunder.

(b) The Secretary, in cooperation with any other department or

agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer øhighway construction¿ surface

transportation and technology training, including skill improvement programs, and to develop and fund summer transportation

institutes. Whenever apportionments are made under section

104(b)(3) of this title, the Secretary shall deduct such sums øas he

may deem necessary¿ as necessary, ønot to exceed $2,500,000 for

the transition quarter ending September 30, 1976, and¿ not to exceed $10,000,000 per fiscal year, for the administration of this subsection. Such sums so deducted shall remain available until expended. The provisions of section 3709 of the Revised Statutes, as

amended (41 U.S.C. 5), shall not be not be applicable to contracts

and agreements made under the authority herein granted to the

Secretary. Notwithstanding any other provision of law, not to exceed 1/2 of 1 percent of funds apportioned to a State for the surface

transportation program under section 104(b) and the bridge program under section 144 may be available to carry out this subsection upon request of the State transportation department to the

Secretary.

(c) The Secretary, in cooperation with any other department or

agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer training programs and assistance

programs in connection with any program under this title in order

that minority businesses may achieve proficiency to compete, on an
198

equal basis, for contracts and subcontracts. Whenever apportionments are made under øsubsection 104(b)(3) of this title¿ section

104(b)(3), the Secretary shall deduct such sums as øhe may deem¿

necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. The provisions of section 3709 of the

Revised Statutes, as amended (41 U.S.C. 5), shall not be applicable

to contracts and agreements made under the authority herein

granted to the Secretary notwithstanding the provisions of section

302(e) of the Federal Property and Administrative Services Act of

1949 (41 U.S.C. 252(e)).

(d) INDIAN EMPLOYMENT øAND CONTRACTING¿.—Consistent

with section 703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e2(i)), nothing in this section shall preclude the preferential employment of Indians living on or near a reservation on projects and contracts on Indian reservation roads. States may implement a preference for employment of Indians on projects carried out under this

title near Indian reservations. The Secretary shall cooperate with

Indian tribal governments and the States to implement this subsection.

* * * * * * *

ø§ 144. Highway bridge replacement and rehabilitation program

ø(a) Congress hereby finds and declares it to be in the vital interest of the Nation that a highway bridge replacement and rehabilitation program be established to enable the several States to replace or rehabilitate highway bridges over waterways, other topographical barriers, other highways, or railroads when the States

and the Secretary finds that a bridge is significantly important and

is unsafe because of structural deficiencies, physical deterioration,

or functional obsolescence.¿

§ 144. Highway bridge program

(a) CONGRESSIONAL STATEMENT.—Congress finds and declares

that it is in the vital interest of the United States that a highway

bridge program be established to enable States to improve the condition of their bridges through replacement, rehabilitation, and systematic preventative maintenance on highway bridges over waterways, other topographical barriers, other highways, or railroads at

any time at which the States and the Secretary determine that a

bridge is unsafe because of structural deficiencies, physical deterioration, or functional obsolescence.

(b) The Secretary, in consultation with the States, shall (1) inventory all those highway bridges on any Federal-aid system which

are bridges over waterways, other topographical barriers, other

highways, and railroads; (2) classify them according to serviceability, safety, and essentiality for public use; (3) based on that

classification, assign each a priority for replacement or rehabilitation; and (4) determine the cost of replacing each such bridge with

a comparable facility or of rehabilitating such bridge.

(c)(1) The Secretary, in consultation with the States, shall (1)

inventory all those highway bridges on public roads, other than

those on any Federal-aid system, which are bridges over water-
199

ways, other topographical barriers, other highways, and railroads,

(2) classify them according to serviceability, safety, and essentiality

for public use, (3) based on the classification, assign each a priority

for replacement or rehabilitation and (4) determine the cost of replacing each such bridge with a comparable facility or of rehabilitating such bridge.

(2) The Secretary may, at the request of a State, inventory

bridges, on and off the Federal-aid system, for historic significance.

(3) INVENTORY OF INDIAN RESERVATION AND PARK BRIDGES.—As

part of the activities carried out under paragraph (1), the Secretary, in consultation with the Secretary of the Interior, shall (A)

inventory all those highway bridges on Indian reservation roads

and park roads which are bridges over waterways, other topographical barriers, other highways, and railroads, (B) classify them

according to serviceability, safety, and essentiality for public use,

(C) based on the classification, assign each a priority for replacement or rehabilitation, and (D) determine the cost of replacing each

such bridge with a comparable facility or of rehabilitating such

bridge.

ø(d) Whenever any State or States make application to the Secretary for assistance in replacing or rehabilitating a highway

bridge which the priority system established under subsection (b)

and (c) of this section shows to be eligible, the Secretary may approve Federal participation in replacing such bridge with a comparable facility or in rehabilitating such bridge. Whenever any

State makes application to the Secretary for assistance in painting

and seismic retrofit, or applying calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions or installing

scour countermeasures to, the structure of a highway bridge, the

Secretary may approve Federal participation in the painting or

seismic retrofit of, or application of such acetate or sodium acetate/

formate or such anti-icing or de-icing composition or installation of

such countermeasures to, such structure. The Secretary shall determine the eligibility of highway bridges for replacement or rehabilitation for each State based upon the unsafe highway bridges in

such State, except that a State may carry out a project for seismic

retrofit of a bridge under this section without regard to whether

the bridge is eligible for replacement or rehabilitation under this

section. In approving projects (other than projects for bridge structure painting or seismic retrofit or application of such acetate or sodium acetate/formate or such anti-icing or de-icing composition or

installation of such countermeasures) under this section, the Secretary shall give consideration to those projects which will remove

from service those highway bridges most in danger of failure.¿

(d) PARTICIPATION IN PROGRAM.—

(1) IN GENERAL.—On application by a State to the Secretary for assistance in replacing or rehabilitating 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 bridge; or

(B) rehabilitating the bridge.
200

(2) SPECIFIC KINDS OF REHABILITATION.—On application by

a State to the Secretary for assistance in painting, seismic retrofit, or preventative maintenance of, or installation of scour

countermeasures or applying calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable,

minimally corrosive anti-icing and de-icing compositions to, the

structure of a highway bridge, the Secretary may approve Federal participation in the painting, seismic retrofit, or preventative maintenance of, or installation of scour countermeasures or

application of acetate or sodium acetate/formate or such antiicing or de-icing composition to, the structure.

(3) ELIGIBILITY.— (A) IN GENERAL.—Except as provided in subparagraph

(B), the Secretary shall determine the eligibility of highway

bridges for replacement or rehabilitation for each State

based on the number of unsafe highway bridges in the

State.

(B) PREVENTATIVE MAINTENANCE.—A State may carry

out a project for preventative maintenance on a bridge, seismic retrofit of a bridge, or installation of scour countermeasures to a bridge under this section without regard to

whether the bridge is eligible for replacement or rehabilitation under this section.

(e) Funds authorized to carry out this section shall be apportioned among the several States on October 1 of the fiscal year for

which authorized in accordance with this subsection. Each deficient

bridge shall be placed into one of the following categories: (1) Federal-aid system bridges eligible for replacement, (2) Federal-aid

system bridges eligible for rehabilitation, (3) off-system bridges eligible for replacement, and (4) off-system bridges eligible for rehabilitation. The øsquare footage¿ area of deficient bridges in each

category shall be multiplied by the respective unit price on a Stateby-State basis, as determined by the Secretary; and the total cost

in each State divided by the total cost of the deficient bridges in

all States shall determine the apportionment factors. For purposes

of the preceding sentence, the total cost of deficient bridges in a

State and in all States shall be reduced øby the total cost of any

highway bridges constructed under subsection (m) in such State,

relating to replacement of destroyed bridges and ferryboat services,

and,¿ if a State transfers funds apportioned to the State under this

section in a fiscal year beginning after September 30, ø1997¿ 2003,

to any other apportionment of funds to such State under this title,

the total cost of deficient bridges in such State and in all States

to be determined for the succeeding fiscal year shall be reduced by

the amount of such transferred funds. No State shall receive more

than 10 per centum or less than 0.25 per centum of the total apportionment for any one fiscal year. The Secretary shall make these

determinations based upon the latest available data, which shall be

updated annually. Funds apportioned under this section shall be

available for expenditure for the same period as funds apportioned

for projects on øthe Federal-aid primary system¿ Federal-aid highways under this title. Any funds not obligated at the expiration of

such period shall be reapportioned by the Secretary to the other

States in accordance with this subsection. The use of funds author-
201

ized under this section to carry out a project for the seismic retrofit

of a bridge shall not affect the apportionment of funds under this

section.

ø(f) The Federal share payable on account of any project under

this section shall be 80 per centum of the cost thereof.

ø(g) SET ASIDES.—

ø(1) DISCRETIONARY BRIDGE PROGRAM.—

ø(A) FISCAL YEARS 1992 THROUGH 1997.—Of the

amounts authorized for each of fiscal years 1992, 1993,

1994, 1995, 1996, and 1997 by section 103 of the Intermodal Surface Transportation Efficiency Act of 1991, all

but $57,000,000 in the case of fiscal year 1992,

$68,000,000 in the case of fiscal years 1993 and 1994, and

$69,000,000 in the case of fiscal years 1995, 1996, and

1997 shall be apportioned as provided in subsection (e) of

this section. $49,000,000 in the case of fiscal year 1992,

$59,500,000 in the case of fiscal years 1993 and 1994, and

$60,500,000 in the case of fiscal years 1995, 1996, and

1997 of the amount authorized for each of such fiscal years

shall be available for obligation on the date of each such

apportionment in the same manner and to the same extent

as the sums apportioned on such date, except that the obligation of $49,000,000 in the case of fiscal year 1992,

$59,500,000 in the case of fiscal years 1993 and 1994, and

$60,500,000 in the case of fiscal years 1995, 1996, and

1997 shall be at the discretion of the Secretary, and

$8,500,000 per fiscal year ($8,000,000 in the case of fiscal

year 1992) of the amount authorized for each of such fiscal

years shall be available in accordance with section 1039 of

the Intermodal Surface Transportation Efficiency Act of

1991, relating to highway timber bridges.

ø(B) FISCAL YEAR 1998.—Of the amounts authorized to

be appropriated to carry out the bridge program under this

section for fiscal year 1998, all but $25,000,000 shall be

apportioned as provided in subsection (e) of this section.

Such $25,000,000 shall be available only for projects for

the seismic retrofit of a bridge described in subsection (l).

ø(C) FISCAL YEARS 1999 THROUGH 2003.—Of the

amounts authorized to be appropriated to carry out the

bridge program under this section for each of fiscal years

1999 through 2003, all but $100,000,000 shall be apportioned as provided in subsection (e). Such $100,000,000

shall be available at the discretion of the Secretary; except

that not to exceed $25,000,000 shall be available only for

projects for the seismic retrofit of bridges, including

projects in the New Madrid fault region.

ø(2) ELIGIBLE DISCRETIONARY PROJECTS.—Subject to section 149(d) of the Federal-Aid Highway Act of 1987, amounts

made available by paragraph (1) for obligation at the discretion

of the Secretary may be obligated only—

ø(A) for a project for a highway bridge the replacement or rehabilitation cost of which is more than

$10,000,000, and
202

ø(B) for a project for a highway bridge the replacement or rehabilitation cost of which is less than

$10,000,000 if such cost is at least twice the amount apportioned to the State in which such bridge is located

under subsection (e) for the fiscal year in which application

is made for a grant for such bridge.

ø(3) OFF-SYSTEM BRIDGES.—Not less than 15 percent nor

more than 35 percent of the amount apportioned to each State

in each of fiscal years 1987 through 2004 and in the period of

October 1, 2004, through May 31, 2005, shall be expended for

projects to replace, rehabilitate, paint or seismic retrofit, or

apply calcium magnesium acetate, sodium acetate/formate, or

other environmentally acceptable, minimally corrosive antiicing and de-icing compositions or install scour countermeasures to highway bridges located on public roads, other

than those on a Federal-aid highway. The Secretary, after consultation with State and local officials, may, with respect to

such State, reduce the requirement for expenditure for bridges

not on a Federal-aid highway when the Secretary determines

that such State has inadequate needs to justify such expenditure.¿

(f) SET ASIDES.— (1) DISCRETIONARY BRIDGE PROGRAM.— (A) IN GENERAL.—Of the amounts authorized to be appropriated to carry out the bridge program under this section for each of fiscal years 2005 through 2009, all but

$133,962,264 shall be apportioned as provided in subsection (e).

(B) AVAILABILITY.—The $133,962,264 referred to in

subparagraph (A) shall be available at the discretion of the

Secretary, except that not to exceed $22,327,044 of that

amount shall be available only for projects for the seismic

retrofit of bridges.

(C) SET ASIDES.—For fiscal year 2005, the Secretary

shall provide— (i) $44,654,088 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; and

(ii) $44,654,088 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.

(2) 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, perform systematic preventative maintenance

or seismic retrofit, or apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable,

minimally corrosive anti-icing and de-icing compositions or

install scour countermeasures to highway bridges located

on public roads, other than those on a Federal-aid highway, or to complete the Warwick Intermodal Station (in-
203

cluding 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, with

respect to the State, reduce the requirement for expenditure

for bridges not on a Federal-aid highway if the Secretary

determines that the State has inadequate needs to justify

the expenditure.

ø(h)¿ (g) Notwithstanding any other provision of law, the General Bridge Act of 1946 (33 U.S.C. 525–533) shall apply to bridges

authorized to be replaced, in whole or in part, by this section, except that subsection (b) of section 502 of such Act of 1946 and section 9 of the Act of March 3, 1899 (30 Stat. 1151) shall not apply

to any bridge constructed, reconstructed, rehabilitated, or replaced

with assistance under this title, if such bridge is over waters (1)

which are not used and are not susceptible to use in their natural

condition or by reasonable improvement as a means to transport

interstate or foreign commerce, and (2) which are (a) not tidal, or

(b) if tidal, used only by recreational boating, fishing, and other

small vessels less than 21 feet in length.

ø(i)¿ (h) INVENTORIES AND REPORTS.—The Secretary shall—

(1) report to the Committee on Environment and Public

Works of the Senate and the Committee on Transportation and

Infrastructure of the House of Representatives on projects approved under this section;

(2) annually revise the current inventories authorized by

subsections (b) and (c) of this section;

(3) report to such committees on such inventories; øand¿

(4) report to such committees such recommendations as

the Secretary may have for improvements of the program authorized by this sectionø.¿ ; and

øSuch reports shall be submitted to such committees biennially at

the same time as the report required by section 307(f) of this title

is submitted to Congress.¿

(5) biennially submit such reports as are required under

this subsection to the appropriate committees of Congress simultaneously with the report required by section 502(g).

ø(j)¿ (i) Sums apportioned to a State under this section shall

be made available for obligation throughout such State on a fair

and equitable basis.

ø(k)¿ (j) Not later than six months after the date of enactment

of this subsection, and periodically thereafter, the Secretary shall

review the procedure used in approving or disapproving applications submitted under this section to determine what changes, if

any, may be made to expedite such procedure. Any such changes

shall be implemented by the Secretary as soon as possible. Not

later than nine months after the date of enactment of this subsection, the Secretary shall submit a report to Congress which describes such review and such changes, including any recommendations for legislative changes.

ø(l)¿ (k) Notwithstanding any other provision of law, any

bridge which is owned and operated by an agency (1) which does

not have taxing powers, (2) whose functions include operating a

federally assisted public transit system subsidized by toll revenues,
204

shall be eligible for assistance under this section but the amount

of such assistance shall in no event exceed the cumulative amount

which such agency has expended for capital and operating costs to

subsidize such transit system. Before authorizing an expenditure of

funds under this subsection, the Secretary shall determine that the

applicant agency has insufficient reserves, surpluses, and projected

revenues (over and above those required for bridge and transit capital and operating costs) to fund the necessary bridge replacement

or rehabilitation project. Any non-Federal funds expended for the

seismic retrofit of the bridge may be credited toward the non-Federal share required as a condition of receipt of any Federal funds

for seismic retrofit of the bridge made available after the date of

the expenditure.

ø(m)¿ (l) REPLACEMENT OF DESTROYED BRIDGES AND FERRY- BOAT SERVICE.— (1) GENERAL RULE.—Notwithstanding any other provision

of this section or of any other provision of law, a State may utilize any of the funds provided under this section to construct

any bridge which—

(A) replaces any low water crossing (regardless of the

length of such low water crossing),

(B) replaces any bridge which was destroyed prior to

1965,

(C) replaces any ferry which was in existence on January 1, 1984, or

(D) replaces any road bridges rendered obsolete as a

result of United States Corps of Engineers flood control or

channelization projects and not rebuilt with funds from the

United States Corps of Engineers.

(2) FEDERAL SHARE.—The Federal share payable on any

bridge construction carried out under paragraph (1) shall be 80

percent of the cost of such construction.

ø(n)¿ (m) OFF-SYSTEM BRIDGE PROGRAM.—Notwithstanding

any other provision of law, with respect to any project not on a

Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge which is wholly funded from State and local

sources, is eligible for Federal funds under this section, is noncontroversial, is certified by the State to have been carried out in

accordance with øall standards¿ all general engineering standards

applicable to such projects under this section, and is determined by

the Secretary upon completion to be no longer a deficient bridge,

any amount expended after the date of the enactment of this subsection from State and local sources for such project in excess of 20

percent of the cost of construction thereof may be credited to the

non-Federal share of the cost of the projects in such State which

are eligible for Federal funds under this section. Such crediting

shall be in accordance with such procedures as the Secretary may

establish.

ø(o)¿ (n) HISTORIC BRIDGE PROGRAM.— (1) COORDINATION.—The Secretary shall, in cooperation

with the States, implement the programs described in this section in a manner that encourages the inventory, retention, rehabilitation, adaptive reuse, and future study of historic

bridges.
205

(2) STATE INVENTORY.—The Secretary shall require each

State to complete an inventory of all bridges on and off the

Federal-aid system to determine their historic significance.

(3) ELIGIBILITY.—Reasonable costs associated with actions

to preserve, or reduce the impact of a project under this chapter on, the historic integrity of historic bridges shall be eligible

as reimbursable project costs under this øtitle (including this

section)¿ section if the load capacity and safety features of the

bridge are adequate to serve the intended use for the life of the

bridge; except that in the case of a bridge which is no longer

used for motorized vehicular traffic, the costs eligible as reimbursable project costs pursuant to this subsection shall not exceed 200 percent of the estimated cost of demolition of such

bridge.

(4) PRESERVATION.—Any State which proposes to demolish

a historic bridge for a replacement project with funds made

available to carry out this section shall first make the bridge

available for donation to a State, locality, or responsible private entity if such State, locality, or responsible entity enters

into an agreement to—

(A) maintain the bridge and the features that give it

its historic significance; and

(B) assume all future legal and financial responsibility

for the bridge, which may include an agreement to hold

the State highway agency harmless in any liability action.

Costs incurred by the State to preserve the historic bridge, including funds made available to the State, locality, or private

entity to enable it to accept the bridge, shall be eligible as reimbursable project costs under this chapter up to an amount

not to exceed 200 percent of the cost of demolition. Any bridge

preserved pursuant to this paragraph shall thereafter not be

eligible for any other funds authorized pursuant to this øtitle¿

section.

(5) HISTORIC BRIDGE DEFINED.—As used in this subsection,

‘‘historic bridge’’ means any bridge that is listed on, or eligible

for listing on, the National Register of Historic Places.

ø(p)¿ (o) APPLICABILITY OF STATE STANDARDS FOR PROJECTS.—

A project not on a Federal-aid highway under this section shall be

designed, constructed, operated, and maintained in accordance with

State laws, regulations, directives, safety standards, design standards, and construction standards.

ø(q)¿ (p) As used in this section the term ‘‘rehabilitate’’ in any

of its forms means major work necessary to restore the structural

integrity of a bridge as well as work necessary to correct a major

safety defect.

(q) CONTINUATION OF 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.

(r) FEDERAL SHARE.—The Federal share of the cost of a project

payable from funds made available to carry out this section shall
206

be the share applicable under section 120(b), as adjusted under subsection (d) of that section.

* * * * * * *

ø§ 147. Priority primary routes

ø(a) High traffic sections of highways on the Federal-aid primary system which connect to the Interstate System shall be selected by each State transportation department, in consultation

with appropriate local officials, subject to approval by the Secretary, for priority of improvement to supplement the service provided by the Interstate System by furnishing needed adequate traffic collector and distributor facilities. For the purpose of this section such highways shall hereafter in this section be referred to as

‘‘priority primary routes’’.

ø(b) The Federal share of any project on a priority primary

route shall be that provided in section 120(a) of this title. All provisions of this title applicable to the Federal-aid primary system

shall be applicable to the priority primary routes selected under

this section.

ø(c) The initial selection of the priority primary routes and the

estimated cost of completing such routes shall be reported to Congress on or before July 1, 1974.

ø(d) There is authorized to be appropriated out of the Highway

Trust Fund to carry out this section not to exceed $100,000,000 for

the fiscal year ending June 30, 1974, $200,000,000 for the fiscal

year ending June 30, 1975, and $300,000,000 for the fiscal year

ending June 30, 1976.¿

§ 147. Construction of ferry boats and ferry terminal and maintenance facilities; coordination of ferry construction and

maintenance

(a) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.—

(1) IN GENERAL.—The Secretary shall carry out a program

for construction of ferry boats and ferry terminal facilities in accordance with section 129(c).

(2) FEDERAL SHARE.—The Federal share of the cost of construction of ferry boats and ferry terminals and maintenance facilities under this subsection shall be 80 percent.

(3) ALLOCATION OF FUNDS.—The Secretary shall give priority in the allocation of funds under this subsection to those

ferry systems, and public entities responsible for developing ferries, that—

(A) carry the greatest number of passengers and vehicles;

(B) carry the greatest number of passengers in passenger-only service; or

(C) provide critical access to areas that are not wellserved by other modes of surface transportation.

(b) NON-CONTRACT AUTHORITY AUTHORIZATION OF APPROPRIATIONS.—
207

(1) IN GENERAL.—There are authorized to be appropriated

from the Highway Trust Fund (other than the Mass Transit Account) $54,154,424 for each fiscal year to carry out this section.

(2) AVAILABILITY.—Notwithstanding section 118(a), funds

made available under paragraph (1) shall be available in advance of an annual appropriation.

ø§ 148. Development of a national scenic and recreational

highway

ø(a) As soon as possible after the date of enactment of this section, the Secretary shall establish criteria for the location and construction or reconstruction of the Great River Road by the ten

States bordering the Mississippi River. Such criteria shall include

requirements that—

ø(1) priority be given in the location of the Great River

Road near or easily accessible to the larger population centers

of the State and further priority be given to the construction

and improvement of the Great River Road in the proximity of

the confluence of the Mississippi River and the Wisconsin

River;

ø(2) the Great River Road be connected with other Federal-aid highways and preferably with the Interstate System;

ø(3) the Great River Road be marked with uniform identifying signs;

ø(4) effective control, as defined in section 131 of this title,

of signs, displays, and devices will be provided along the Great

River Road;

ø(5) the provisions of section 129(a) of this title shall not

apply to any bridge or tunnel on the Great River Road and no

fees shall be charged for the use of any facility constructed

with assistance under this section, except for parks, recreational areas, and historical sites operated by State or local

governments where admission fees may be charged to cover

operational costs.

ø(b) For the purpose of this section, the term ‘‘construction’’ includes the acquisition of areas of historical, archeological, or scientific interest, necessary easements for scenic purposes, and the

construction or reconstruction of roadside rest areas (including appropriate recreational facilities), scenic viewing areas, and other

appropriate facilities as determined by the Secretary.

ø(c) Highways constructed or reconstructed pursuant to this

section (except subsection (f)) shall be part of the Federal-aid system.

ø(d) Funds appropriated for each fiscal year pursuant to subsection (g) shall be apportioned among the ten States bordering the

Mississippi River on the basis of their relative needs as determined

by the Secretary for payments to carry out this section.

ø(e) The Federal share of the cost of any project for any construction or reconstruction pursuant to the preceding subsections of

this section shall be that provided in section 120 of this title for

the Federal-aid system on which such project is located, and if such

project is not on such a system, such share shall be 75 per centum

of such cost.
208

ø(f) The Secretary is authorized to consult with the heads of

other Federal departments and agencies having jurisdiction over

Federal lands open to the public in order to enter into appropriate

arrangements for necessary construction or reconstruction of highways on such lands to carry out this section. Highways constructed

or reconstructed by a State pursuant to this section which are not

on a Federal-aid system, and highways constructed or reconstructed under this subsection, shall be subject to the criteria applicable to highways constructed or reconstructed pursuant to subsection (c) of this section. Funds authorized pursuant to subsection

(g) shall be used to pay the entire cost of construction or reconstruction pursuant to the first sentence of this subsection.

ø(g) There is authorized to be appropriated to carry out this

section, out of the Highway Trust Fund, for construction or reconstruction of roads on a Federal-aid highway system, not to exceed

$10,000,000 for the fiscal year ending June 30, 1974, $25,000,000

for the fiscal year ending June 30, 1975, and $25,000,000 for the

fiscal year ending June 30, 1976, for allocations to the States pursuant to this section, and there is authorized to be appropriated to

carry out this section out of any money in the Treasury not otherwise appropriated, not to exceed $10,000,000 for each of the fiscal

years ending June 30, 1974, June 30, 1975, and June 30, 1976, for

construction and reconstruction of roads not on a Federal-aid highway system.

ø(h) The Secretary is authorized to provide for the construction

of such spur highways as he determines necessary to connect the

Great River Road, by the most direct feasible routes, with existing

bridges across the Mississippi for the purpose of providing persons

traveling such road with access to significant scenic, historical, recreational, or archeological features on the opposite side of the Mississippi River from the Great River Road.¿

§ 148. Highway safety improvement program

(a) DEFINITIONS.—In this section:

(1) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—The term

‘highway safety improvement program’ means the program carried out under this section.

(2) HIGHWAY SAFETY IMPROVEMENT PROJECT.— (A) IN GENERAL.—The term ‘highway safety improvement project’ means a project described in the State strategic highway safety plan that—

(i) corrects or improves a hazardous road location

or feature; or

(ii) addresses a highway safety problem.

(B) INCLUSIONS.—The term ‘highway safety improvement project’ includes a project for—

(i) an intersection safety improvement;

(ii) pavement and shoulder widening (including

addition of a passing lane to remedy an unsafe condition);

(iii) installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of

bicyclists and pedestrians;
209

(iv) installation of a skid-resistant surface at an

intersection or other location with a high frequency of

accidents;

(v) an improvement for pedestrian or bicyclist safety;

(vi)(I) construction of any project for the elimination of hazards at a railway-highway crossing that

is eligible for funding under section 130, including the

separation or protection of grades at railway-highway

crossings;

(II) construction of a railway-highway crossing

safety feature; or

(III) the conduct of a model traffic enforcement activity at a railway-highway crossing;

(vii) construction of a traffic calming feature;

(viii) elimination of a roadside obstacle;

(ix) improvement of highway signage and pavement markings;

(x) installation of a priority control system for

emergency vehicles at signalized intersections;

(xi) installation of a traffic control or other warning device at a location with high accident potential;

(xii) safety-conscious planning;

(xiii) improvement in the collection and analysis of

crash data;

(xiv) planning, integrated, interoperable emergency

communications, equipment, operational activities, or

traffic enforcement activities (including police assistance) relating to workzone safety;

(xv) installation of guardrails, barriers (including

barriers between construction work zones and traffic

lanes for the safety of motorists and workers), and

crash attenuators;

(xvi) the addition or retrofitting of structures or

other measures to eliminate or reduce accidents involving vehicles and wildlife; or

(xvii) installation and maintenance of signs (including fluorescent, yellow-green signs) at pedestrianbicycle crossings and in school zones.

(3) SAFETY PROJECT UNDER ANY OTHER SECTION.—

(A) IN GENERAL.—The term ‘safety project under any

other section’ means a project carried out for the purpose of

safety under any other section of this title.

(B) INCLUSION.—The term ‘safety project under any

other section’ includes a project to—

(i) promote the awareness of the public and educate the public concerning highway safety matters; or

(ii) enforce highway safety laws.

(4) STATE HIGHWAY SAFETY IMPROVEMENT PROGRAM.—The

term ‘State highway safety improvement program’ means

projects or strategies included in the State strategic highway

safety plan carried out as part of the State transportation improvement program under section 135(f).
210

(5) STATE STRATEGIC HIGHWAY SAFETY PLAN.—The term

‘State strategic highway safety plan’ means a plan developed by

the State transportation department that—

(A) is developed after consultation with—

(i) a highway safety representative of the Governor

of the State;

(ii) regional transportation planning organizations

and metropolitan planning organizations, if any;

(iii) representatives of major modes of transportation;

(iv) State and local traffic enforcement officials;

(v) persons responsible for administering section

130 at the State level;

(vi) representatives conducting Operation Lifesaver;

(vii) representatives conducting a motor carrier

safety program under section 31104 or 31107 of title

49;

(viii) motor vehicle administration agencies; and

(ix) other major State and local safety stakeholders;

(B) analyzes and makes effective use of State, regional,

or local crash data;

(C) addresses engineering, management, operation,

education, enforcement, and emergency services elements

(including integrated, interoperable emergency communications) of highway safety as key factors in evaluating highway projects;

(D) considers safety needs of, and high-fatality segments of, public roads;

(E) considers the results of State, regional, or local

transportation and highway safety planning processes;

(F) describes a program of projects or strategies to reduce or eliminate safety hazards;

(G) is approved by the Governor of the State or a responsible State agency; and

(H) is consistent with the requirements of section

135(f).

(b) PROGRAM.—

(1) IN GENERAL.—The Secretary shall carry out a highway

safety improvement program.

(2) PURPOSE.—The purpose of the highway safety improvement program shall be to achieve a significant reduction in

traffic fatalities and serious injuries on public roads.

(c) ELIGIBILITY.—

(1) IN GENERAL.—To obligate funds apportioned under section 104(b)(5) to carry out this section, a State shall have in effect a State highway safety improvement program under which

the State—

(A) develops and implements a State strategic highway

safety plan that identifies and analyzes highway safety

problems and opportunities as provided in paragraph (2);

(B) produces a program of projects or strategies to reduce identified safety problems;
211

(C) evaluates the plan on a regular basis to ensure the

accuracy of the data and priority of proposed improvements; and

(D) submits to the Secretary an annual report that—

(i) describes, in a clearly understandable fashion,

not less than 5 percent of locations determined by the

State, using criteria established in accordance with

paragraph (2)(B)(ii), as exhibiting the most severe safety needs; and

(ii) contains an assessment of—

(I) potential remedies to hazardous locations

identified;

(II) estimated costs associated with those remedies; and

(III) impediments to implementation other

than cost associated with those remedies.

(2) IDENTIFICATION AND ANALYSIS OF HIGHWAY SAFETY

PROBLEMS AND OPPORTUNITIES.—As part of the State strategic

highway safety plan, a State shall—

(A) have in place a crash data system with the ability

to perform safety problem identification and countermeasure analysis;

(B) based on the analysis required by subparagraph

(A)—

(i) identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway

crossing needs, and unmarked or poorly marked roads)

that constitute a danger to motorists, bicyclists, pedestrians, and other highway users; and

(ii) using such criteria as the State determines to

be appropriate, establish the relative severity of those

locations, in terms of accidents, injuries, deaths, traffic

volume levels, and other relevant data;

(C) adopt strategic and performance-based goals that—

(i) address traffic safety, including behavioral and

infrastructure problems and opportunities on all public

roads;

(ii) focus resources on areas of greatest need; and

(iii) are coordinated with other State highway safety programs;

(D) advance the capabilities of the State for traffic

records data collection, analysis, and integration with other

sources of safety data (such as road inventories) in a manner that—

(i) complements the State highway safety program

under chapter 4 and the commercial vehicle safety plan

under section 31102 of title 49;

(ii) includes all public roads;

(iii) identifies hazardous locations, sections, and

elements on public roads that constitute a danger to

motorists, bicyclists, pedestrians, and other highway

users; and

(iv) includes a means of identifying the relative severity of hazardous locations described in clause (iii) in
212

terms of accidents, injuries, deaths, and traffic volume

levels;

(E)(i) determine priorities for the correction of hazardous road locations, sections, and elements (including

railway-highway crossing improvements), as identified

through crash data analysis;

(ii) identify opportunities for preventing the development of such hazardous conditions; and

(iii) establish and implement a schedule of highway

safety improvement projects for hazard correction and hazard prevention; and

(F)(i) establish an evaluation process to analyze and

assess results achieved by highway safety improvement

projects carried out in accordance with procedures and criteria established by this section; and

(ii) use the information obtained under clause (i) in setting priorities for highway safety improvement projects.

(d) ELIGIBLE PROJECTS.— (1) IN GENERAL.—A State may obligate funds apportioned

to the State under section 104(b)(5) to carry out—

(A) any highway safety improvement project on any

public road or publicly owned bicycle or pedestrian pathway or trail; or

(B) as provided in subsection (e), for other safety

projects.

(2) USE OF OTHER FUNDING FOR SAFETY.— (A) EFFECT OF SECTION.—Nothing in this section prohibits the use of funds made available under other provisions of this title for highway safety improvement projects.

(B) USE OF OTHER FUNDS.—States are encouraged to

address the full scope of their safety needs and opportunities by using funds made available under other provisions

of this title (except a provision that specifically prohibits

that use).

(e) FLEXIBLE FUNDING FOR STATES WITH A STRATEGIC HIGH- WAY SAFETY PLAN.— (1) IN GENERAL.—To further the implementation of a State

strategic highway safety plan, a State may use up to 25 percent

of the amount of funds made available under this section for a

fiscal year to carry out safety projects under any other section

as provided in the State strategic highway safety plan.

(2) OTHER TRANSPORTATION AND HIGHWAY SAFETY PLANS.—

Nothing in this subsection requires a State to revise any State

process, plan, or program in effect on the date of enactment of

this section.

(f) REPORTS.—

(1) IN GENERAL.—A State shall submit to the Secretary a

report that—

(A) describes progress being made to implement highway safety improvement projects under this section;

(B) assesses the effectiveness of those improvements;

and

(C) describes the extent to which the improvements

funded under this section contribute to the goals of—
213

(i) reducing the number of fatalities on roadways;

(ii) reducing the number of roadway-related injuries;

(iii) reducing the occurrences of roadway-related

crashes;

(iv) mitigating the consequences of roadway-related

crashes; and

(v) reducing the occurrences of roadway-railroad

grade crossing crashes.

(2) CONTENTS; SCHEDULE.—The Secretary shall establish

the content and schedule for a report under paragraph (1).

(3) TRANSPARENCY.—The Secretary shall make reports

under subsection (c)(1)(D) available to the public through—

(A) the Internet site of the Department; and

(B) such other means as the Secretary determines to be

appropriate.

(4) DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN

REPORTS, SURVEYS, AND INFORMATION.—Notwithstanding any

other provision of law, reports, surveys, schedules, lists, or data

compiled or collected for any purpose directly relating to paragraph (1) or subsection (c)(1)(D), or published by the Secretary

in accordance with paragraph (3), shall not be subject to discovery or admitted into evidence in a Federal or State court

proceeding or considered for other purposes in any action for

damages arising from any occurrence at a location identified or

addressed in such reports, surveys, schedules, lists, or other

data.

(g) FEDERAL SHARE OF HIGHWAY SAFETY IMPROVEMENT

PROJECTS.—Except as provided in sections 120 and 130, the Federal

share of the cost of a highway safety improvement project carried

out with funds made available under this section shall be 90 percent.

(h) FUNDS FOR BICYCLE AND PEDESTRIAN SAFETY.—A State

shall allocate for bicycle and pedestrian improvements in the State

a percentage of the funds remaining after implementation of sections 130(e) and 150, in an amount that is equal to or greater than

the percentage of all fatal crashes in the States involving bicyclists

and pedestrians.

(i) ROADWAY SAFETY IMPROVEMENTS FOR OLDER DRIVERS AND

PEDESTRIANS.—For each of fiscal years 2005 through 2009,

$22,327,044 is authorized to be appropriated out of the Highway

Trust Fund (other than the Mass Transit Account) for projects in all

States to improve traffic signs and pavement markings in a manner

consistent with the recommendations included in the publication of

the Federal Highway Administration entitled ‘Guidelines and Recommendations to Accommodate Older Drivers and Pedestrians

(FHWA-RD-01-103)’ and dated October 2001.

§ 149. Congestion mitigation and air quality improvement

program

(a) ESTABLISHMENT.—The Secretary shall establish and implement a congestion mitigation and air quality improvement program

in accordance with this section.
214

(b) ELIGIBLE PROJECTS.—Except as provided in subsection (c),

a State may obligate funds apportioned to it under section 104(b)(2)

for the congestion mitigation and air quality improvement program

only for a transportation project or program if the project or program is for an area in the State that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter

under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and

classified pursuant to section 181(a), 186(a), 188(a), or 188(b) of the

Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or

is or was designated as a nonattainment area under such section

107(d) after December 31, 1997, and—

(1)(A) if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines,

on the basis of information published by the Environmental

Protection Agency pursuant to section 108(f)(1)(A) of the Clean

Air Act (other than clause (xvi) of such section), that the

project or program is likely to contribute to—

(i) the attainment of a national ambient air quality

standard; or

(ii) the maintenance of a national ambient air quality

standard in a maintenance area; or

(B) in any case in which such information is not available,

if the Secretary, after such consultation, determines that the

project or program is part of a program, method, or strategy

described in such section;

(2) if the project or program is included in a State implementation plan that has been approved pursuant to the Clean

Air Act and the project will have air quality benefits;

(3) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines

that the project or program is likely to contribute to the attainment of a national ambient air quality standard, whether

through reductions in vehicle miles traveled, fuel consumption,

or through other factors;

(4) to establish or operate a traffic monitoring, management, and control facility or program if the Secretary, after

consultation with the Administrator of the Environmental Protection Agency, determines that the facility or program is likely to contribute to the attainment of a national ambient air

quality standard; øor¿

(5) if the program or project improves traffic flow, including projects to improve signalization, construct high occupancy

vehicle lanes, improve intersections, improve transportation

systems management and operations, and implement intelligent

transportation system strategies and such other projects that

are eligible for assistance under this section on the day before

the date of enactment of this paragraphø.¿ ;

(6) if the project or program is for the purchase of alternative fuel (as defined in section 301 of the Energy Policy Act

of 1992 (42 U.S.C. 13211)) or biodiesel; or

(7) if the project or program involves the purchase of integrated, interoperable emergency communications equipment.

No funds may be provided under this section for a project which

will result in the construction of new capacity available to single
215

occupant vehicles unless the project consists of a high occupancy

vehicle facility available to single occupant vehicles only at other

than peak travel times. In areas of a State which are nonattainment for ozone or carbon monoxide, or both, and for PM-10 resulting from transportation activities, the State may obligate such

funds for any project or program under paragraph (1) or (2) without regard to any limitation of the Department of Transportation

relating to the type of ambient air quality standard such project or

program addresses.

(c) STATES RECEIVING MINIMUM APPORTIONMENT.— (1) STATES WITHOUT A NONATTAINMENT AREA.—If a State

does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.), the

State may use funds apportioned to the State under section

104(b)(2) øfor any project eligible under the surface transportation program under section 133.¿ for any project in the State

that—

(A) would otherwise be eligible under this section as if

the project were carried out in a nonattainment or maintenance area; or

(B) is eligible under the surface transportation program under section 133.

(2) STATES WITH A NONATTAINMENT AREA.—If a State has

a nonattainment area or maintenance area and receives funds

under section 104(b)(2)(D) above the amount of funds that the

State would have received based on its nonattainment and

maintenance area population under subparagraphs (B) and (C)

of section 104(b)(2), the State may use that portion of the funds

not based on its nonattainment and maintenance area population under subparagraphs (B) and (C) of section 104(b)(2)

øfor any project in the State eligible under section 133.¿ for

any project in the State that—

(A) would otherwise be eligible under this section as if

the project were carried out in a nonattainment or maintenance area; or

(B) is eligible under the surface transportation program under section 133.

* * * * * * *

(g) INTERAGENCY CONSULTATION.—The Secretary shall encourage States and metropolitan planning organizations to consult with

State and local air quality agencies in nonattainment and maintenance areas on the estimated emission reductions from proposed

congestion mitigation and air quality improvement programs and

projects.

(h) EVALUATION AND ASSESSMENT OF PROJECTS.— (1) IN GENERAL.—The Secretary, in consultation with the

Administrator of the Environmental Protection Agency, shall

evaluate and assess a representative sample of projects funded

under the congestion mitigation and air quality program to—

(A) determine the direct and indirect impact of the

projects on air quality and congestion levels; and

(B) ensure the effective implementation of the program.

(2) DATABASE.—Using appropriate assessments of projects

funded under the congestion mitigation and air quality pro-
216

gram and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects.

(3) CONSIDERATION.—The Secretary, in consultation with

the Administrator of the Environmental Protection Agency,

shall consider the recommendations and findings of the report

submitted to Congress under section 1110(e) of the Transportation Equity Act for the 21st Century (112 Stat. 144), including

recommendations and findings that would improve the operation and evaluation of the congestion mitigation and air quality improvement program under section 149.

§ 150. Safe routes to schools program

(a) DEFINITIONS.—In this section:

(1) PRIMARY AND SECONDARY SCHOOL.—The term ‘primary

and secondary school’ means a school that provides education

to children in any of grades kindergarten through 12.

(2) PROGRAM.—The term ‘program’ means the safe routes to

schools program established under subsection (b).

(3) VICINITY OF A SCHOOL.—The term ‘vicinity of a school’

means the area within 2 miles of a primary or secondary

school.

(b) ESTABLISHMENT.—The Secretary shall establish and carry

out a safe routes to school program for the benefit of children in primary and secondary schools in accordance with this section.

(c) PURPOSES.—The purposes of the program shall be—

(1) to enable and to encourage children to walk and bicycle

to school;

(2) to encourage a healthy and active lifestyle by making

walking and bicycling to school safer and more appealing

transportation alternatives; and

(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety in the

vicinity of schools.

(d) ELIGIBLE RECIPIENTS.—A State shall use amounts apportioned under this section to provide financial assistance to State, regional, and local agencies that demonstrate an ability to meet the

requirements of this section.

(e) ELIGIBLE PROJECTS AND ACTIVITIES.—

(1) INFRASTRUCTURE-RELATED PROJECTS.—

(A) IN GENERAL.—Amounts apportioned to a State

under this section may be used for the planning, design,

and construction of infrastructure-related projects to encourage walking and bicycling to school, including—

(i) sidewalk improvements;

(ii) traffic calming and speed reduction improvements;

(iii) pedestrian and bicycle crossing improvements;

(iv) on-street bicycle facilities;

(v) off-street bicycle and pedestrian facilities;

(vi) secure bicycle parking facilities;

(vii) traffic signal improvements; and

(viii) pedestrian-railroad grade crossing improvements.
217

(B) LOCATION OF PROJECTS.—Infrastructure-related

projects under subparagraph (A) may be carried out on—

(i) any public road in the vicinity of a school; or

(ii) any bicycle or pedestrian pathway or trail in

the vicinity of a school.

(2) BEHAVIORAL ACTIVITIES.—

(A) IN GENERAL.—In addition to projects described in

paragraph (1), amounts apportioned to a State under this

section may be used for behavioral activities to encourage

walking and bicycling to school, including—

(i) public awareness campaigns and outreach to

press and community leaders;

(ii) traffic education and enforcement in the vicinity of schools; and

(iii) student sessions on bicycle and pedestrian

safety, health, and environment.

(B) ALLOCATION.—Of the amounts apportioned to a

State under this section for a fiscal year, not less than 10

percent shall be used for behavioral activities under this

paragraph.

(f) FUNDING.—

(1) SET ASIDE.—Before apportioning amounts to carry out

section 148 for a fiscal year, the Secretary shall set aside and

use $62,515,723 to carry out this section.

(2) APPORTIONMENT.—Amounts made available to carry out

this section shall be apportioned to States in accordance with

section 104(b)(5).

(3) ADMINISTRATION OF AMOUNTS.—Amounts apportioned

to a State under this section shall be administered by the State

transportation department.

(4) FEDERAL SHARE.—Except as provided in sections 120

and 130, the Federal share of the cost of a project or activity

funded under this section shall be 90 percent.

(5) PERIOD OF AVAILABILITY.—Notwithstanding section

118(b)(2), amounts apportioned under this section shall remain

available until expended.

* * * * * * *

ø§ 152. Hazard elimination program

ø(a) IN GENERAL.—

ø(1) PROGRAM.—Each State shall conduct and systematically maintain an engineering survey of all public roads to

identify hazardous locations, sections, and elements, including

roadside obstacles and unmarked or poorly marked roads,

which may constitute a danger to motorists, bicyclists, and pedestrians, assign priorities for the correction of such locations,

sections, and elements, and establish and implement a schedule of projects for their improvement.

ø(2) HAZARDS.—In carrying out paragraph (1), a State

may, at its discretion—

ø(A) identify, through a survey, hazards to motorists,

bicyclists, pedestrians, and users of highway facilities; and
218

ø(B) develop and implement projects and programs to

address the hazards.

ø(b) The Secretary may approve as a project under this section

any safety improvement project, including a project described in

subsection (a).

ø(c) Funds authorized to carry out this section shall be available for expenditure on—

ø(1) any public road;

ø(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or

ø(3) any traffic calming measure.

ø(d) The Federal share payable on account of any project under

this section shall be 90 percent of the cost thereof.

ø(e) Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner and to the

same extent as if such funds were apportioned under section

104(b), except that the Secretary is authorized to waive provisions

he deems inconsistent with the purposes of this section.

ø(f) Each State shall establish an evaluation process approved

by the Secretary, to analyze and assess results achieved by safety

improvement projects carried out in accordance with procedures

and criteria established by this section. Such evaluation process

shall develop cost-benefit data for various types of corrections and

treatments which shall be used in setting priorities for safety improvement projects.

ø(g) Each State shall report to the Secretary of Transportation

not later than December 30 of each year, on the progress being

made to implement safety improvement projects for hazard elimination and the effectiveness of such improvements. Each State report shall contain an assessment of the cost of, and safety benefits

derived from, the various means and methods used to mitigate or

eliminate hazards and the previous and subsequent accident experience at these locations. The Secretary of Transportation shall

submit a report to the Committee on Environment and Public

Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April

1 of each year on the progress being made by the States in implementing the hazard elimination program (including but not limited

to any projects for pavement marking). The report shall include,

but not be limited to, the number of projects undertaken, their distribution by cost range, road system, means and methods used, and

the previous and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate

each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a)

and include recommendations for future implementation of the hazard elimination program.

ø(h) For the purposes of this section the term ‘‘State’’ shall

have the meaning given it in section 401 of this title.¿

§ 152. Purchases of equipment

(a) IN GENERAL.—Subject to subsection (b), a State carrying out

a project under this chapter shall purchase device, tool or other

equipment needed for the project only after completing and pro-
219

viding a written analysis demonstrating the cost savings associated

with purchasing the equipment compared with renting the equipment from a qualified equipment rental provider before the project

commences

(b) APPLICABILITY.—This section shall apply to—

(1) earth moving, road machinery, and material handling

equipment, or any other item, with a purchase price in excess

of $75,000; and

(2) aerial work platforms with a purchase price in excess of

$25,000.

* * * * * * *

§ 154. Open container requirements

(a) DEFINITIONS.—In this section, the following definitions

apply:

(1) ALCOHOLIC BEVERAGE.—The term ‘‘alcoholic beverage’’

has the meaning given the term in section 158(c).

(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a

vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails.

(3) OPEN ALCOHOLIC BEVERAGE CONTAINER.—The term

‘‘open alcoholic beverage container’’ means any bottle, can, or

other receptacle—

(A) that contains any amount of alcoholic beverage;

and

(B)(i) that is open or has a broken seal; or

(ii) the contents of which are partially removed.

(4) PASSENGER AREA.—The term ‘‘passenger area’’ shall

have the meaning given the term by the Secretary by regulation.

(b) OPEN CONTAINER LAWS.—

(1) IN GENERAL.—For the purposes of this section, each

State shall have in effect a law that prohibits the possession

of any open alcoholic beverage container, or the consumption

of any alcoholic beverage, in the passenger area of any motor

vehicle (including possession or consumption by the driver of

the vehicle) located on a public highway, or the right-of-way of

a public highway, in the State.

(2) MOTOR VEHICLES DESIGNED TO TRANSPORT MANY PAS- SENGERS.—For the purposes of this section, if a State has in

effect a law that makes unlawful the possession of any open alcoholic beverage container by the driver (but not by a passenger)—

(A) in the passenger area of a motor vehicle designed,

maintained, or used primarily for the transportation of

persons for compensation; or

(B) in the living quarters of a house coach or house

trailer,

the State shall be deemed to have in effect a law described in

this subsection with respect to such a motor vehicle for each

fiscal year during which the law is in effect.

ø(c) TRANSFER OF FUNDS.—
220

ø(1) FISCAL YEARS 2001 AND 2002.—On October 1, 2000,

and October 1, 2001, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 1 1/2 percent of the

funds apportioned to the State on that date under each of

paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402—

ø(A) to be used for alcohol-impaired driving countermeasures; or

ø(B) to be directed to State and local law enforcement

agencies for enforcement of laws prohibiting driving while

intoxicated or driving under the influence and other related laws (including regulations), including the purchase

of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).

ø(2) FISCAL YEAR 2003 AND FISCAL YEARS THEREAFTER.— On October 1, 2002, and each October 1 thereafter, if a State

has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an

amount equal to 3 percent of the funds apportioned to the

State on that date under each of paragraphs (1), (3), and (4)

of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in subparagraph

(A) or (B) of paragraph (1).

ø(3) USE FOR HAZARD ELIMINATION PROGRAM.—A State

may elect to use all or a portion of the funds transferred under

paragraph (1) or (2) for activities eligible under section ø152¿

148.

ø(4) FEDERAL SHARE.—The Federal share of the cost of a

project carried out with funds transferred under paragraph (1)

or (2), or used under paragraph (3), shall be 100 percent.

ø(5) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The

amount to be transferred under paragraph (1) or (2) may be

derived from one or more of the following:

ø(A) The apportionment of the State under section

104(b)(1).

ø(B) The apportionment of the State under section

104(b)(3).

ø(C) The apportionment of the State under section

104(b)(4).

ø(6) TRANSFER OF OBLIGATION AUTHORITY.—

ø(A) IN GENERAL.—If the Secretary transfers under

this subsection any funds to the apportionment of a State

under section 402 for a fiscal year, the Secretary shall

transfer an amount, determined under subparagraph (B),

of obligation authority distributed for the fiscal year to the

State for Federal-aid highways and highway safety construction programs for carrying out projects under section

402.

ø(B) AMOUNT.—The amount of obligation authority referred to in subparagraph (A) shall be determined by

multiplying—
221

ø(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under

section 402 for the fiscal year, by

ø(ii) the ratio that—

ø(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to

ø(II) the total of the sums apportioned to the

State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal

year.

ø(7) LIMITATION ON APPLICABILITY OF OBLIGATION LIMITATION.—Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs

under section 402 shall apply to funds transferred under this

subsection to the apportionment of a State under such section.

(c) TRANSFER OF FUNDS.—

(1) IN GENERAL.—The Secretary shall withhold the applicable percentage for the fiscal year of the amount required to be

apportioned for Federal-aid highways to any State under each

of paragraphs (1), (3), and (4) of section 104(b), if a State has

not enacted or is not enforcing a provision described in subsection (b), as follows:

For: The applicable percentage is:

Fiscal year 2008 ........................................................................................ 2 percent.

Fiscal year 2009 ........................................................................................ 2 percent.

Fiscal year 2010 ........................................................................................ 2 percent.

Fiscal year 2011 and each subsequent fiscal year .................................. 2 percent.

(2) RESTORATION.—If (during the 4-year period beginning

on the date the apportionment for any State is reduced in accordance with this subsection) the Secretary determines that the

State has enacted and is enforcing a provision described in subsection (b), the apportionment of the State shall be increased by

an amount equal to the amount of the reduction made during

the 4-year period.

ø§ 155. Access highways to public recreation areas on certain lakes

ø(a) The Secretary is authorized to construct or reconstruct access highways to public recreation areas on lakes in order to accommodate present and projected traffic density. The Secretary

shall develop guidelines and standards for the designation of routes

and the allocation of funds for the purpose of this section which

shall include the following criteria:

ø(1) No portion of any access highway constructed or reconstructed under this section shall exceed thirty-five miles in

length nor shall any portion of such highway be located more

than thirty-five miles from the nearest part of such recreation

area.

ø(2) Routes shall be designated by the Secretary on the

recommendation of the State and responsible local officials,
222

after consultation with the head of the Federal agency (if any)

having jurisdiction over the public recreation area involved.

ø(b) The Federal share payable on account of any project authorized pursuant to this section shall not exceed 75 per centum of

the cost of construction or reconstruction of such project.

ø(c) All of the provisions of this title applicable to highways on

the Federal-aid system (other than the Interstate System) determined appropriate by the Secretary, except those provisions which

the Secretary determines are inconsistent with this section, shall

apply to any highway designated under this section which is not

a part of the Federal-aid system when so designated.

ø(d) For the purpose of this section the term ‘‘lake’’ means any

lake, reservoir, pool, or other body of water resulting from the construction of any lock, dam, or similar structure by the Corps of Engineers, Department of the Army, or the Bureau of Reclamation,

Department of the Interior, or the Tennessee Valley Authority, and

any multipurpose lake resulting from construction assistance of the

Soil Conservation Service, Department of Agriculture. This section

shall apply to lakes heretofore or hereafter constructed or authorized for construction.

ø(e) There is authorized to be appropriated not to exceed

$25,000,000 for the fiscal year 1976 to carry out this section.

Amounts authorized by this subsection for a fiscal year shall be

available for that fiscal year and for the two succeeding fiscal

years.¿

§ 155. State habitat, streams, and wetlands mitigation funds

(a) ESTABLISHMENT.—A State should establish a habitat,

streams, and wetlands mitigation fund (referred to in this section

as a ‘State fund’).

(b) PURPOSE.—The purpose of a State fund is to encourage efforts for habitat, streams, and wetlands mitigation in advance of or

in conjunction with highway or transit projects to—

(1) ensure that the best habitat, streams, and wetland mitigation sites now available are used; and

(2) accelerate transportation project delivery by making

high-quality habitat, streams, and wetland mitigation credits

available when needed.

(c) FUNDS.—A State may deposit into a State fund part of the

funds apportioned to the State under—

(1) section 104(b)(1) for the National Highway System; and

(2) section 104(b)(3) for the surface transportation program.

(d) USE.—

(1) IN GENERAL.—Amounts deposited in a State fund shall

be used (in a manner consistent with this section) for habitat,

streams, or wetlands mitigation related to 1 or more projects

funded under this title, including a project under the transportation improvement program of the State developed under section 135(f).

(2) ENDANGERED SPECIES.—In carrying out this section, a

State and cooperating agency shall give consideration to mitigation projects, on-site or off-site, that restore and preserve the

best available sites to conserve biodiversity and habitat for—
223

(A) Federal or State listed threatened or endangered

species of plants and animals; and

(B) plant or animal species warranting listing as

threatened or endangered, as determined by the Secretary

of the Interior in accordance with section 4(b)(3)(B) of the

Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)).

(3) MITIGATION IN CLOSED BASINS.—

(A) IN GENERAL.—A State may use amounts deposited

in the State fund for projects to protect existing roadways

from anticipated flooding of a closed basin lake,

including—

(i) construction—

(I) necessary for the continuation of roadway

services and the impoundment of water, as the

State determines to be appropriate; or

(II) for a grade raise to permanently restore a

roadway the use of which is lost or reduced, or

could be lost or reduced, as a result of an actual

or predicted water level that is within 3 feet of

causing inundation of the roadway in a closed lake

basin;

(ii) monitoring, studies, evaluations, design, or preliminary engineering relating to construction; and

(iii) monitoring and evaluations relating to proposed construction.

(B) REIMBURSEMENT.—The Secretary may permit a

State that expends funds under subparagraph (A) to be reimbursed for the expenditures through the use of amounts

made available under section 125(c)(1).

(e) CONSISTENCY WITH APPLICABLE REQUIREMENTS.—Contributions from the State fund to mitigation efforts may occur in advance

of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations).

* * * * * * *

§ 162. National scenic byways program

(a) DESIGNATION OF ROADS.—

(1) IN GENERAL.—The Secretary shall carry out a national

scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and

archaeological qualities by designating øthe roads as National

Scenic Byways or All-American Roads.¿ the roads as—

(A) National Scenic Byways;

(B) All-American Roads; or

(C) America’s Byways.

(2) CRITERIA.—The Secretary shall designate roads to be

recognized under the national scenic byways program in accordance with criteria developed by the Secretary.

(3) NOMINATION.—To be considered for the designation, a

road must be nominated by a State or a Federal land management agency and must first be designated as a State scenic

byway or, in the case of a road on Federal land, as a Federal

land management agency byway.
224

(b) GRANTS AND TECHNICAL ASSISTANCE.—

(1) IN GENERAL.—The Secretary shall make grants and

provide technical assistance to States to—

(A) implement projects on highways ødesignated as

National Scenic Byways or All-American Roads, or as

State scenic byways; and¿ designated as—

(i) National Scenic Byways;

(ii) All-American Roads; or

(iii) America’s Byways; and

(B) plan, design, and develop a State scenic byway

program.

(2) PRIORITIES.—In making grants, the Secretary shall give

priority to—

(A) each eligible project that is associated with a highway that has been designated as a National Scenic

øByway or All-American Road¿ Byway, All-American

Road, or 1 of America’s Byways and that is consistent with

the corridor management plan for the byway;

(B) each eligible project along a State-designated scenic byway that is consistent with the corridor management

plan for the byway, or is intended to foster the development of such a plan, and is carried out to make the byway

eligible for ødesignation as a National Scenic Byway or

All-American Road; and¿ designation as—

(i) a National Scenic Byway;

(ii) an All-American Road; or

(iii) 1 of America’s Byways; and

(C) each eligible project that is associated with the development of a State scenic byway program.

(c) ELIGIBLE PROJECTS.—The following are projects that are eligible for Federal assistance under this section:

(1) An activity related to the planning, design, or development of a State scenic byway program.

(2) Development and implementation of a corridor management plan to maintain the scenic, historical, recreational, cultural, natural, and archaeological characteristics of a byway

corridor while providing for accommodation of increased tourism and development of related amenities.

(3) Safety improvements to a State scenic byway, National

Scenic Byway, or All-American Road to the extent that the improvements are necessary to accommodate increased traffic

and changes in the types of vehicles using the highway as a

result of the designation as a State scenic byway, National Scenic Byway, or All-American Road.

(4) Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area, turnout, highway shoulder

improvement, øpassing lane,¿ overlook, or interpretive facility.

(5) An improvement to a scenic byway that will enhance

access to an area for the purpose of recreation, including

water-related recreation.

(6) Protection of scenic, historical, recreational, cultural,

natural, and archaeological resources in an area adjacent to a

scenic byway.
225

(7) Development and provision of tourist information to the

public, including interpretive information about a scenic

byway.

(8) Development and implementation of a scenic byway

marketing program.

(d) RESEARCH, TECHNICAL ASSISTANCE, MARKETING, AND PROMOTION.—

(1) IN GENERAL.—The Secretary may carry out technical assistance, marketing, market research, and promotion with respect to State Scenic Byways, National Scenic Byways, AllAmerican Roads, and America’s Byways.

(2) COOPERATION, GRANTS, AND CONTRACTS.—The Secretary

may make grants to, or enter into contracts, cooperative agreements, and other transactions with, any Federal agency, State

agency, authority, association, institution, for-profit or nonprofit

corporation, organization, or person, to carry out projects and

activities under this subsection.

(3) FUNDS.—The Secretary may use not more than

$1,786,164 for each fiscal year of funds made available for the

National Scenic Byways Program to carry out projects and activities under this subsection.

(4) PRIORITY.—The Secretary shall give priority under this

subsection to partnerships that leverage Federal funds for research, technical assistance, marketing and promotion.

ø(d)¿ (e) LIMITATION.—The Secretary shall not make a grant

under this section for any project that would not protect the scenic,

historical, recreational, cultural, natural, and archaeological integrity of a highway and adjacent areas.

ø(e)¿ (f) SAVINGS CLAUSE.—The Secretary shall not withhold

any grant or impose any requirement on a State as a condition of

providing a grant or technical assistance for any scenic byway unless the requirement is consistent with the authority provided in

this chapter.

ø(f)¿ (g) FEDERAL SHARE.—The Federal share of the cost of carrying out a project under this section shall be ø80 percent¿ the

share applicable under section 120, as adjusted under subsection (d)

of that section, except that, in the case of any scenic byway project

along a public road that provides access to or within Federal or Indian land, a Federal land management agency may use funds authorized for use by the agency as the non-Federal share.

* * * * * * *

§ 164. Minimum penalties for repeat offenders for driving

while intoxicated or driving under the influence

(a) DEFINITIONS.—In this section, the following definitions

apply:

(1) ALCOHOL CONCENTRATION.—The term ‘‘alcohol concentration’’ means grams of alcohol per 100 milliliters of blood

or grams of alcohol per 210 liters of breath.

(2) DRIVING WHILE INTOXICATED; DRIVING UNDER THE INFLUENCE.—The terms ‘‘driving while intoxicated’’ and ‘‘driving

under the influence’’ mean driving or being in actual physical
226

control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State.

ø(3) LICENSE SUSPENSION.—The term ‘‘license suspension’’

means the suspension of all driving privileges.¿

(3) LICENSE SUSPENSION.—The term ‘license suspension’

means—

(A) the suspension of all driving privileges of an individual for the duration of the suspension period; or

(B) a combination of suspension of all driving privileges of an individual for the first 90 days of the suspension

period, followed by reinstatement of limited driving privileges requiring the individual to operate only motor vehicles equipped with an ignition interlock system or other device approved by the Secretary during the remainder of the

suspension period.

(4) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a

vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial

vehicle.

(5) REPEAT INTOXICATED DRIVER LAW.—The term ‘‘repeat

intoxicated driver law’’ means a State law that provides, as a

minimum penalty, that an individual convicted of a second or

subsequent offense for driving while intoxicated or driving

under the influence after a previous conviction for that offense

shall—

(A) receive a driver’s license suspension for not less

than 1 year;

(B) be subject to the impoundment or immobilization

of each of the individual’s motor vehicles or the installation of an ignition interlock system on each of the motor

vehicles;

(C) receive an assessment of the individual’s degree of

abuse of alcohol and treatment as appropriate; and

(D) receive—

(i) in the case of the second offense—

(I) an assignment of not less than 30 days of

community service; or

(II) not less than 5 days of imprisonment; and

(ii) in the case of the third or subsequent offense—

(I) an assignment of not less than 60 days of

community service; or

(II) not less than 10 days of imprisonment.

(b) TRANSFER OF FUNDS.—

(1) FISCAL YEARS 2001 AND 2002.—On October 1, 2000,

and October 1, 2001, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer

an amount equal to 1 1/2 percent of the funds apportioned to

the State on that date under each of paragraphs (1), (3), and

(4) of section 104(b) to the apportionment of the State under

section 402—

(A) to be used for alcohol-impaired driving countermeasures; or
227

(B) to be directed to State and local law enforcement

agencies for enforcement of laws prohibiting driving while

intoxicated or driving under the influence and other related laws (including regulations), including the purchase

of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).

(2) FISCAL YEAR 2003 AND FISCAL YEARS THEREAFTER.—On

October 1, 2002, and each October 1 thereafter, if a State has

not enacted or is not enforcing a repeat intoxicated driver law,

the Secretary shall transfer an amount equal to 3 percent of

the funds apportioned to the State on that date under each of

paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as

described in subparagraph (A) or (B) of paragraph (1).

(3) USE FOR HAZARD ELIMINATION PROGRAM.—A State may

elect to use all or a portion of the funds transferred under

paragraph (1) or (2) for activities eligible under section ø152¿

148.

(4) FEDERAL SHARE.—The Federal share of the cost of a

project carried out with funds transferred under paragraph (1)

or (2), or used under paragraph (3), shall be 100 percent.

(5) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The

amount to be transferred under paragraph (1) or (2) may be

derived from one or more of the following:

(A) The apportionment of the State under section

104(b)(1).

(B) The apportionment of the State under section

104(b)(3).

(C) The apportionment of the State under section

104(b)(4).

(6) TRANSFER OF OBLIGATION AUTHORITY.—

(A) IN GENERAL.—If the Secretary transfers under this

subsection any funds to the apportionment of a State

under section 402 for a fiscal year, the Secretary shall

transfer an amount, determined under subparagraph (B),

of obligation authority distributed for the fiscal year to the

State for Federal-aid highways and highway safety construction programs for carrying out projects under section

402.

(B) AMOUNT.—The amount of obligation authority referred to in subparagraph (A) shall be determined by

multiplying—

(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under

section 402 for the fiscal year, by

(ii) the ratio that—

(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid

highways and highway safety construction programs, bears to

(II) the total of the sums apportioned to the

State for Federal-aid highways and highway safe-
228

ty construction programs (excluding sums not subject to any obligation limitation) for the fiscal

year.

(7) LIMITATION ON APPLICABILITY OF OBLIGATION LIMITATION.—Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs

under section 402 shall apply to funds transferred under this

subsection to the apportionment of a State under such section.

§ 165. Eligibility for environmental restoration and pollution abatement

(a) IN GENERAL.—Subject to subsection (b), environmental restoration and pollution abatement to minimize or mitigate the impacts of any transportation project funded under this title (including retrofitting and construction of storm water treatment systems

to meet Federal and State requirements under sections 401 and 402

of the Federal Water Pollution Control Act (33 U.S.C. 1341, 1342))

may be carried out to address water pollution or environmental degradation caused wholly or partially by a transportation facility.

(b) MAXIMUM EXPENDITURE.—In a case in which a transportation facility is undergoing reconstruction, rehabilitation, resurfacing, or restoration, the expenditure of funds under this section for

environmental restoration or pollution abatement described in subsection (a) shall not exceed 20 percent of the total cost of the reconstruction, rehabilitation, resurfacing, or restoration of the facility.

§ 166. Control of invasive plant species and establishment of native

species

(a) DEFINITIONS.—In this section:

(1) INVASIVE PLANT SPECIES—The term ‘invasive plant species’ means a nonindigenous species the introduction of which

causes or is likely to cause economic or environmental harm or

harm to human health.

(2) NATIVE PLANT SPECIES.—The term ‘native plant species’

means, with respect to a particular ecosystem, a species that,

other than as result of an introduction, historically occurred or

currently occurs in that ecosystem.

(b) CONTROL OF SPECIES.—

(1) IN GENERAL.—In accordance with all applicable Federal

law (including regulations), funds made available to carry out

this section may be used for—

(A) participation in the control of invasive plant species; and

(B) the establishment of native species;

if such efforts are related to transportation projects funded

under this title.

(2) INCLUDED ACTIVITIES.—The participation and establishment under paragraph (1) may include—

(A) participation in statewide inventories of invasive

plant species and desirable plant species;

(B) regional native plant habitat conservation and

mitigation;

(C) native revegetation;
229

(D) elimination of invasive species to create fuel breaks

for the prevention and control of wildfires; and

(E) training.

(3) CONTRIBUTIONS.—

(A) IN GENERAL.—Subject to subparagraph (B), an activity described in paragraph (1) may be carried out concurrently with, in advance of, or following the construction

of a project funded under this title.

(B) CONDITION FOR ACTIVITIES CONDUCTED IN ADVANCE

OF PROJECT CONSTRUCTION.—An activity described in paragraph (1) may be carried out in advance of construction of

a project only if the activity is carried out in accordance

with all applicable requirements of Federal law (including

regulations) and State transportation planning processes.

§ 167. Highway stormwater discharge mitigation program

(a) DEFINITIONS.—In this section:

(1) ADMINISTRATOR.—The term ‘Administrator’ means the

Administrator of the Environmental Protection Agency.

(2) ELIGIBLE MITIGATION PROJECT.—The term ‘eligible mitigation project’ means a practice or technique that—

(A) improves stormwater discharge water quality;

(B) attains preconstruction hydrology;

(C) promotes infiltration of stormwater into groundwater;

(D) recharges groundwater;

(E) minimizes stream bank erosion;

(F) promotes natural filters;

(G) otherwise mitigates water quality impacts of highway stormwater discharges, improves surface water quality,

or enhances groundwater recharge; or

(H) reduces flooding caused by highway stormwater

discharge.

(3) FEDERAL-AID HIGHWAY AND ASSOCIATED FACILITY.—The

term ‘Federal-aid highway and associated facility’ means—

(A) a Federal-aid highway; or

(B) a facility or land owned by a State (or political

subdivision of a State) that is directly associated with the

Federal-aid highway.

(4) HIGHWAY STORMWATER DISCHARGE.—The term ‘highway

stormwater discharge’ means stormwater discharge from a Federal-aid highway, or a Federal-aid highway and associated facility, that was constructed before the date of enactment of this

section.

(5) HIGHWAY STORMWATER DISCHARGE MITIGATION.—The

term ‘highway stormwater discharge mitigation’ means—

(A) the reduction of water quality impacts of

stormwater discharges from Federal-aid highways or Federal-aid highways and associated facilities; or

(B) the enhancement of groundwater recharge from

stormwater discharges from Federal-aid highways or Federal-aid highways and associated facilities.
230

(6) PROGRAM.—The term ‘program’ means the highway

stormwater discharge mitigation program established under

subsection (b).

(b) ESTABLISHMENT.—The Secretary shall establish a highway

stormwater discharge mitigation program—

(1) to improve the quality of stormwater discharge from

Federal-aid highways or Federal-aid highways and associated

facilities; and

(2) to enhance groundwater recharge.

(c) PRIORITY OF PROJECTS.—For projects funded from the allocation under section 133(d)(6), a State shall give priority to projects

sponsored by a State or local government that assist the State or

local government in complying with the Federal Water Pollution

Control Act (33 U.S.C. 1251 et seq.).

(d) GUIDANCE.— (1) IN GENERAL.—Not later than 180 days after the date of

enactment of this section, the Secretary, in consultation with the

Administrator, shall issue guidance to assist States in carrying

out this section.

(2) REQUIREMENTS FOR GUIDANCE.—The guidance issued

under paragraph (1) shall include information concerning innovative technologies and nonstructural best management practices to mitigate highway stormwater discharges.

§ 168. Transportation systems management and operations

(a) IN GENERAL.—The Secretary shall carry out a transportation systems management and operations program to—

(1) ensure efficient and effective management and operation

of transportation systems through collaboration, coordination,

and real-time information sharing at a regional and Statewide

level among—

(A) managers and operators of major modes of transportation;

(B) public safety officials; and

(C) the general public; and

(2) manage and operate transportation systems in a coordinated manner to preserve the capacity and maximize the performance of transportation facilities for travelers and carriers.

(b) AUTHORIZED ACTIVITIES.—

(1) IN GENERAL.—In carrying out the program under subsection (a), the Secretary may carry out activities to—

(A) encourage managers and operators of major modes

of transportation, public safety officials, and transportation

planners in urbanized areas that are responsible for conducting the day-to-day management, operations, public

safety, and planning of transportation facilities and services to collaborate on and coordinate, on a regional level

and in a continuous and sustained manner, improved

transportation systems management and operations; and

(B) encourage States to—

(i) establish a system of basic real-time monitoring

for the surface transportation system; and

(ii) provide the means to share the data gathered

under clause (i) among—
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(I) highway, transit, and public safety agencies;

(II) jurisdictions (including States, cities,

counties, and metropolitan planning organizations);

(III) private-sector entities; and

(IV) the general public.

(2) ACTIVITIES.—Activities to be carried out under paragraph (1) include—

(A) developing a regional concept of operations that defines a regional strategy shared by all transportation and

public safety participants with respect to the manner in

which the transportation systems of the region should be

managed, operated, and measured;

(B) the sharing of information among operators, service

providers, public safety officials, and the general public;

and

(C) guiding, in a regionally-coordinated manner and in

a manner consistent with and integrated into the metropolitan and statewide transportation planning processes and

regional intelligent transportation system architecture, the

implementation of regional transportation system management and operations initiatives, including—

(i) emergency evacuation and response;

(ii) traffic incident management;

(iii) technology deployment; and

(iv) traveler information systems delivery.

(c) COOPERATION.—In carrying out the program under subsection (a), the Secretary may assist and cooperate with other Federal agencies, State and local governments, metropolitan planning

organizations, private industry, and other interested parties to improve regional collaboration and real-time information sharing between managers and operators of major modes of transportation,

public safety officials, emergency managers, and the general public

to increase the security, safety, and reliability of Federal-aid highways.

(d) GUIDANCE; REGULATIONS.—

(1) IN GENERAL.—In carrying out the program under subsection (a), the Secretary may issue guidance or promulgate regulations for the procurement of transportation system management and operations facilities, equipment, and services,

including—

(A) equipment procured in preparation for natural disasters, disasters caused by human activity, and emergencies;

(B) system hardware;

(C) software; and

(D) software integration services.

(2) CONSIDERATIONS.—In developing the guidance or regulations under paragraph (1), the Secretary may consider innovative procurement methods that support the timely and

streamlined execution of transportation system management

and operations programs and projects.
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(3) FINANCIAL ASSISTANCE.—The Secretary may authorize

the use of funds made available under section 104(b)(3) to provide assistance for regional operations collaboration and coordination activities that are associated with regional improvements, such as—

(A) traffic incident management;

(B) technology deployment;

(C) emergency management and response;

(D) traveler information; and

(E) congestion relief.

§ 169. Real-time system management information program

(a) IN GENERAL.—The Secretary shall carry out a real-time system management information program to—

(1) provide a nationwide system of basic real-time information for managing and operating the surface transportation system;

(2)(A) identify long-range real-time highway and transit

monitoring needs; and

(B) develop plans and strategies for meeting those needs;

(3) provide the capability and means to share the basic

real-time information with State and local governments and the

traveling public; and

(4) provide the nationwide capability to monitor, in realtime, the traffic and travel conditions of major highways in the

United States, and to share that information with State and

local governments and the traveling public, to—

(A) improve the security of the surface transportation

system;

(B) address congestion problems;

(C) support improved response to weather events; and

(D) facilitate the distribution of national and regional

traveler information.

(b) DATA EXCHANGE FORMATS.—Not later than 1 year after the

date of enactment of this section, 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 between jurisdictions to facilitate

the nationwide availability of information on traffic and travel conditions.

(c) STATEWIDE INCIDENT REPORTING SYSTEM.—Not later than 2

years after the date of enactment of this section, or not later than

5 years after the date of enactment of this section if the Secretary

determines that adequate real-time communications capability will

not be available within 2 years after the date of enactment of this

section, each State shall establish a statewide incident reporting

system to facilitate the real-time electronic reporting of highway and

transit incidents to a central location for use in—

(1) monitoring an incident;

(2) providing accurate traveler information on the incident;

and

(3) responding to the incident as appropriate.

(d) REGIONAL ITS ARCHITECTURE.—
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(1) IN GENERAL.—In developing or updating regional intelligent transportation system architectures under section 940.9 of

title 23, Code of Federal Regulations (or any successor regulation), States and local governments shall address—

(A) the real-time highway and transit information

needs of the State or local government, including coverage,

monitoring systems, data fusion and archiving, and methods of exchanging or sharing information; and

(B) the systems needed to meet those needs.

(2) DATA EXCHANGE FORMATS.—In developing or updating

regional intelligent transportation system architectures, States

and local governments are encouraged to incorporate the data

exchange formats developed by the Secretary under subsection

(b) to ensure that the data provided by highway and transit

monitoring systems can readily be—

(A) exchanged between jurisdictions; and

(B) shared with the traveling public.

(e) ELIGIBLE FUNDING.—Subject to project approval by the Secretary, a State may—

(1) use funds available to the State under section 505(a) to

carry out activities relating to the planning of real-time monitoring elements; and

(2) use funds apportioned to the State under paragraphs (1)

and (3) of section 104(b) to carry out activities relating to the

planning and deployment of real-time monitoring elements.

§ 170. Appalachian development highway system

(a) APPORTIONMENT.— (1) IN GENERAL.—The Secretary shall apportion funds

made available under section 1101(7) of the Safe, Accountable,

Flexible, and Efficient Transportation Equity Act of 2005 for

fiscal years 2005 through 2009 among States based on the latest available estimate of the cost to construct highways and access roads for the Appalachian development highway system

program prepared by the Appalachian Regional Commission

under section 14501 of title 40.

(2) AVAILABILITY.—Funds described in paragraph (1) shall

be available to construct highways and access roads under

chapter 145 of title 40.

(b) APPLICABILITY OF TITLE.—Funds made available under section 1101(7) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 for the Appalachian development highway system shall be available for obligation in the same manner as

if the funds were apportioned under this chapter, except that—

(1) the Federal share of the cost of any project under this

section shall be determined in accordance with subtitle IV of

title 40; and

(2) the funds shall remain available until expended.

§ 171. Multistate corridor program

(a) ESTABLISHMENT AND PURPOSE.—The Secretary shall carry

out a program to—

(1) support and encourage multistate transportation planning and development; and
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(2) facilitate transportation decisionmaking and coordinate

project delivery involving multistate corridors.

(b) ELIGIBLE RECIPIENTS.—A State transportation department

and a metropolitan planning organization may receive and administer funds provided under this section.

(c) ELIGIBLE ACTIVITIES.—The Secretary shall make allocations

under this program for multistate highway and multimodal planning studies and construction.

(d) OTHER PROVISIONS REGARDING ELIGIBILITY.— (1) STUDIES.—All studies funded under this program shall

be consistent with the continuing, cooperative, and comprehensive planning processes required by sections 134 and 135.

(2) CONSTRUCTION.—All construction funded under this

program shall be consistent with section 133(b)(1).

(e) SELECTION CRITERIA.—The Secretary shall select studies

and projects to be carried out under the program based on—

(1) the existence and significance of signed and binding

multijurisdictional agreements;

(2) endorsement of the study or project by applicable elected

State and local representatives;

(3) prospects for early completion of the study or project; or

(4) whether the projects to be studied or constructed are located on corridors identified by section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public

Law 102-240; 105 Stat. 2032).

(f) PROGRAM PRIORITIES.—In administering the program, the

Secretary shall—

(1) encourage and enable States and other jurisdictions to

work together to develop plans for multimodal and multijurisdictional transportation decisionmaking; and

(2) give priority to studies or projects that emphasize

multimodal planning, including planning for operational improvements that—

(A) increase—

(i) mobility;

(ii) freight productivity;

(iii) access to marine or inland ports;

(iv) safety and security; and

(v) reliability; and

(B) enhance the environment.

(g) FEDERAL SHARE.—Except as provided in section 120, the

Federal share of the cost of a study or project carried out under the

program, using funds from all Federal sources, shall be 80 percent.

(h) APPLICABILITY.—Funds authorized to be appropriated under

section 1101(10) of the Safe, Accountable, Flexible, and Efficient

Transportation Equity Act of 2005 to carry out this section shall be

available for obligation in the same manner as if the funds were apportioned under this chapter.

§ 172. Border planning, operations, technology, and capacity program

(a) DEFINITIONS.—In this section:

(1) BORDER STATE.—The term ‘border State’ means any of

the States of Alaska, Arizona, California, Idaho, Maine, Michi-
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gan, Minnesota, Montana, New Hampshire, New Mexico, New

York, North Dakota, Texas, Vermont, and Washington.

(2) PROGRAM.—The term ‘program’ means the border planning, operations, technology, and capacity program established

under subsection (b).

(b) ESTABLISHMENT AND PURPOSE.—The Secretary shall establish and carry out a border planning, operations, technology, and

capacity improvement program to support coordination and improvement in bi-national transportation planning, operations, efficiency, information exchange, safety, and security at the international borders of the United States with Canada and Mexico.

(c) ELIGIBLE ACTIVITIES.—

(1) IN GENERAL.—The Secretary shall make allocations

under the program for projects to carry out eligible activities described in paragraph (2) at or near international land borders

in border States.

(2) ELIGIBLE ACTIVITIES.—A border State may obligate

funds apportioned to the border State under this section for—

(A) highway and multimodal planning or environmental studies;

(B) cross-border port of entry and safety inspection improvements, including operational enhancements and technology applications;

(C) technology and information exchange activities;

and

(D) right-of-way acquisition, design, and construction,

as needed—

(i) to implement the enhancements or applications

described in subparagraphs (B) and (C);

(ii) to decrease air pollution emissions from vehicles or inspection facilities at border crossings; or

(iii) to increase highway capacity at or near international borders.

(d) OTHER PROVISIONS REGARDING ELIGIBILITY.—

(1) IN GENERAL.—Each project funded under the program

shall be carried out in accordance with the continuing, cooperative, and comprehensive planning processes required by sections

134 and 135.

(2) REGIONALLY SIGNIFICANT PROJECTS.—To be funded

under the program, a regionally significant project shall be included on the applicable transportation plan and program required by sections 134 and 135.

(e) PROGRAM PRIORITIES.—Border States shall give priority to

projects that emphasize—

(1) multimodal planning;

(2) improvements in infrastructure; and

(3) operational improvements that—

(A) increase safety, security, freight capacity, or highway access to rail, marine, and air services; and

(B) enhance the environment.

(f) MANDATORY PROGRAM.—

(1) IN GENERAL.—For each fiscal year, the Secretary shall

allocate among border States, in accordance with the formula
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described in paragraph (2), funds to be used in accordance with

subsection (d).

(2) FORMULA.—Subject to paragraph (3), the amount allocated to a border State under this paragraph shall be determined by the Secretary, as follows:

(A) 25 percent in the ratio that—

(i) the average annual weight of all cargo entering

the border State by commercial vehicle across the international border with Canada or Mexico, as the case

may be; bears to

(ii) the average annual weight of all cargo entering

all border States by commercial vehicle across the

international borders with Canada and Mexico.

(B) 25 percent in the ratio that—

(i) the average trade value of all cargo imported

into the border State and all cargo exported from the

border State by commercial vehicle across the international border with Canada or Mexico, as the case

may be; bears to

(ii) the average trade value of all cargo imported

into all border States and all cargo exported from all

border States by commercial vehicle across the international borders with Canada and Mexico.

(C) 25 percent in the ratio that—

(i) the number of commercial vehicles annually entering the border State across the international border

with Canada or Mexico, as the case may be; bears to

(ii) the number of all commercial vehicles annually

entering all border States across the international borders with Canada and Mexico.

(D) 25 percent in the ratio that—

(i) the number of passenger vehicles annually entering the border State across the international border

with Canada or Mexico, as the case may be; bears to

(ii) the number of all passenger vehicles annually

entering all border States across the international borders with Canada and Mexico.

(3) DATA SOURCE.— (A) IN GENERAL.—The data used by the Secretary in

making allocations under this subsection shall be based on

the Bureau of Transportation Statistics Transborder Surface Freight Dataset (or other similar database).

(B) BASIS OF CALCULATION.—All formula calculations

shall be made using the average values for the most recent

5-year period for which data are available.

(4) MINIMUM ALLOCATION.—Notwithstanding paragraph

(2), for each fiscal year, each border State shall receive at least

1⁄2 of 1 percent of the funds made available for allocation under

this paragraph for the fiscal year.

(g) FEDERAL SHARE.—Except as provided in section 120, the

Federal share of the cost of a project carried out under the program

shall be 80 percent.

(h) OBLIGATION.—Funds made available under section 1101(11)

of the Safe, Accountable, Flexible, and Efficient Transportation Eq-
237

uity Act of 2005 to carry out the program shall be available for obligation in the same manner as if the funds were apportioned under

this chapter.

(i) INFORMATION EXCHANGE.—No individual project the scope of

work of which is limited to information exchange shall receive an

allocation under the program in an amount that exceeds $500,000

for any fiscal year.

(j) PROJECTS IN CANADA OR MEXICO.—A project in Canada or

Mexico, proposed by a border State to directly and predominantly

facilitate cross-border vehicle and commercial cargo movements at

an international gateway or port of entry into the border region of

the State, may be constructed using funds made available under the

program 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 allocated funds

to the project.

(k) TRANSFER OF FUNDS TO THE GENERAL SERVICES ADMINISTRATION.—

(1) STATE FUNDS.—At the request of a border State, funds

made available under the program may be transferred to the

General Services Administration for the purpose of funding 1 or

more specific projects if—

(A) the Secretary determines, after consultation with

the State 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.

(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 each project described in subsection (f).

(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 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 this

chapter.

(C) OBLIGATION AUTHORITY.—Obligation authority

shall be transferred to the General Services Administration
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in the same manner and amount as the funds provided for

projects under subparagraph (A).

(3) DIRECT TRANSFER OF AUTHORIZED FUNDS.— (A) IN GENERAL.—In addition to allocations to States

and metropolitan planning organizations under subsection

(c), the Secretary may transfer funds made available to

carry out this section to the General Services Administration for construction of transportation infrastructure

projects at or near the border in border States, if—

(i) the Secretary determines that the transfer is

necessary to effectively carry out the purposes of this

program; and

(ii) the General Services Administration agrees to

accept the transfer of, and to administer, those funds.

(B) NO AUGMENTATION OF APPROPRIATIONS.—Funds

transferred by the Secretary 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 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 this

chapter.

(C) OBLIGATION AUTHORITY.—Obligation authority

shall be transferred to the General Services Administration

in the same manner and amount as the funds transferred

under subparagraph (A).

§ 173. Puerto Rico highway program

(a) IN GENERAL.—The Secretary shall allocate funds authorized

by section 1101(15) of the Safe, Accountable, Flexible, and Efficient

Transportation Equity Act of 2005 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.— (1) IN GENERAL.—Amounts made available by section

1101(15) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 shall be available for obligation in

the same manner as if such funds were apportioned under this

chapter.

(2) LIMITATION ON OBLIGATIONS.—The amounts shall be

subject to any limitation on obligations for Federal-aid highway

and highway safety construction programs.

(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—
239

(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 and title 49.

(3) EFFECT ON ALLOCATIONS AND APPORTIONMENTS.—Subject to paragraph (2), nothing in this section affects any allocation under section 105 and any apportionment under sections

104 and 144.

§ 174. National historic covered bridge preservation

(a) DEFINITION OF HISTORIC COVERED BRIDGE.—In this section,

the term ‘historic covered bridge’ means a covered bridge that is listed or eligible for listing on the National Register of Historic Places.

(b) HISTORIC COVERED BRIDGE PRESERVATION.—Subject to the

availability of appropriations, the Secretary shall—

(1) collect and disseminate information on historic covered

bridges;

(2) conduct educational programs relating to the history

and construction techniques of historic covered bridges;

(3) conduct research on the history of historic covered

bridges; and

(4) conduct research on, and study techniques for, protecting historic covered bridges from rot, fire, natural disasters,

or weight-related damage.

(c) GRANTS.— (1) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall make a grant to a State that submits

an application to the Secretary that demonstrates a need for assistance in carrying out 1 or more historic covered bridge

projects described in paragraph (2).

(2) ELIGIBLE PROJECTS.—A grant under paragraph (1) may

be made for a project—

(A) to rehabilitate or repair a historic covered bridge;

or

(B) to preserve a historic covered bridge, including

through—

(i) installation of a fire protection system, including a fireproofing or fire detection system and sprinklers;

(ii) installation of a system to prevent vandalism

and arson; or

(iii) relocation of a bridge to a preservation site.

(3) AUTHENTICITY REQUIREMENTS.—A grant under paragraph (1) may be made for a project only if—

(A) to the maximum extent practicable, the project—

(i) is carried out in the most historically appropriate manner; and

(ii) preserves the existing structure of the historic

covered bridge; and
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(B) the project provides for the replacement of wooden

components with wooden components, unless the use of

wood is impracticable for safety reasons.

(4) FEDERAL SHARE.—Except as provided in section 120, the

Federal share of the cost of a project carried out with a grant

under this subsection shall be 80 percent.

(d) FUNDING.—There is authorized to be appropriated to carry

out this section $12,503,145 for each of fiscal years 2005 through

2009, to remain available until expended.

§ 175. Transportation and community and system preservation program

(a) ESTABLISHMENT.—The Secretary shall establish a comprehensive program to facilitate the planning, development, and implementation of strategies by States, metropolitan planning organizations, federally-recognized Indian tribes, and local governments to

integrate transportation, community, and system preservation plans

and practices that address the goals described in subsection (b).

(b) GOALS.—The goals of the program are to—

(1) improve the efficiency of the transportation system in

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; and

(5) examine development patterns, and to identify strategies, to encourage private sector development patterns that

achieve the goals identified in paragraphs (1) through (4).

(c) ALLOCATION OF FUNDS FOR IMPLEMENTATION.—

(1) IN GENERAL.—The Secretary shall allocate funds made

available to carry out this subsection to States, metropolitan

planning organizations, and local governments to carry out

projects to address transportation efficiency and community

and system preservation.

(2) CRITERIA.—In allocating funds made available to carry

out this subsection, the Secretary shall give priority to applicants that—

(A) have instituted preservation or development plans

and programs that—

(i) meet the requirements of this title and chapter

53 of title 49, United States Code; and

(ii)(I) are coordinated with State and local adopted

preservation or development plans;

(II) are intended to promote cost-effective and strategic investments in transportation infrastructure that

minimize adverse impacts on the environment; or

(III) are intended to promote innovative private

sector strategies.

(B) have instituted other policies to integrate transportation and community and system preservation practices,

such as—
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(i) spending policies that direct funds to highgrowth areas;

(ii) urban growth boundaries to guide metropolitan

expansion;

(iii) ‘green corridors’ programs that provide access

to major highway corridors for areas targeted for efficient and compact development; or

(iv) other similar programs or policies as determined by the Secretary;

(C) have preservation or development policies that include a mechanism for reducing potential impacts of transportation activities on the environment;

(D) examine ways to encourage private sector investments that address the purposes of this section; and

(E) propose projects for funding that address the purposes described in subsection (b)(2).

(3) EQUITABLE DISTRIBUTION.—In allocating funds to carry

out this subsection, the Secretary shall ensure the equitable distribution of funds to a diversity of populations and geographic

regions.

(4) USE OF ALLOCATED FUNDS.— (A) IN GENERAL.—An allocation of funds made available to carry out this subsection shall be used by the recipient to implement the projects proposed in the application to

the Secretary.

(B) TYPES OF PROJECTS.—The allocation of funds shall

be available for obligation for—

(i) any project eligible for funding under this title

or chapter 53 of title 49, United States Code; or

(ii) any other activity relating to transportation

and community and system preservation that the Secretary determines to be appropriate, including corridor

preservation activities that are necessary to

implement—

(I) transit-oriented development plans;

(II) traffic calming measures; or

(III) other coordinated transportation and

community and system preservation practices.

(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 $44,654,088 for each of fiscal

years 2005 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 this chapter.

§ 176. Parking pilot programs

(a) COMMERCIAL TRUCK PARKING PILOT PROGRAM.— (1) 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 drivers of commercial motor vehicles on the National Highway System.
242

(2) ALLOCATION OF FUNDS.—

(A) IN GENERAL.—The Secretary shall allocate funds

made available under this subsection to States, metropolitan planning organizations, and local governments.

(B) CRITERIA.—In allocating funds under this subsection, the Secretary shall give priority to an applicant

that—

(i) demonstrates a severe shortage of commercial

vehicle parking capacity on the corridor to be addressed;

(ii) consults with affected State and local governments, community groups, private providers of commercial vehicle parking, and motorist and trucking organizations; and

(iii) demonstrates that the project proposed by the

applicant is likely to have a positive effect on highway

safety, traffic congestion, or air quality.

(3) USE OF ALLOCATED FUNDS.—

(A) IN GENERAL.—A recipient of funds allocated under

this subsection shall use the funds to carry out the project

proposed in the application submitted by the recipient to

the Secretary.

(B) TYPES OF PROJECTS.—Funds under this subsection

shall be available for obligation for projects that serve the

National Highway System, including—

(i) construction of safety rest areas that include

parking for commercial motor vehicles;

(ii) construction of commercial motor vehicle parking facilities that are adjacent to commercial truck

stops and travel plazas;

(iii) costs associated with the opening of facilities

(including inspection and weigh stations and parkand-ride facilities) to provide commercial motor vehicle

parking;

(iv) projects that promote awareness of the availability of public or private commercial motor vehicle

parking on the National Highway System, including

parking in connection with intelligent transportation

systems and other systems;

(v) construction of turnouts along the National

Highway System for commercial motor vehicles;

(vi) capital improvements to public commercial

motor vehicle truck parking facilities closed on a seasonal basis in order to allow the facilities to remain

open year-around; and

(vii) improvements to the geometric design at interchanges on the National Highway System to improve

access to commercial motor vehicle parking facilities.

(4) REPORT.—Not later than 5 years after the date of enactment of this section, the Secretary shall submit to Congress a

report on the results of the pilot program carried out under this

subsection.
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(5) FEDERAL SHARE.—The Federal share of the cost of a

project carried out under this subsection shall be consistent

with section 120.

(6) FUNDING.—

(A) IN GENERAL.—There is authorized to be appropriated from the Highway Trust Fund (other than the Mass

Transit Account) to carry out this subsection $8,930,818 for

each of fiscal years 2005 through 2009.

(B) CONTRACT AUTHORITY.—Funds authorized under

this paragraph shall be available for obligation in the same

manner as if the funds were apportioned under this chapter.

(b) CORRIDOR AND FRINGE PARKING PILOT PROGRAM.—

(1) ESTABLISHMENT.—

(A) IN GENERAL.—In cooperation with appropriate

State, regional, and local governments, the Secretary shall

carry out a pilot program to provide corridor and fringe

parking facilities.

(B) PRIMARY FUNCTION.—The primary function of a

corridor and fringe parking facility funded under this subsection shall be to provide parking capacity to support car

pooling, van pooling, ride sharing, commuting, and high

occupancy vehicle travel.

(C) OVERNIGHT PARKING.—A State may permit a facility described in subparagraph (B) to be used for the overnight parking of commercial vehicles if the use does not

foreclose or unduly limit the primary function of the facility

described in subparagraph (B).

(2) ALLOCATION OF FUNDS.—

(A) IN GENERAL.—The Secretary shall allocate funds

made available to carry out this subsection to States.

(B) CRITERIA.—In allocating funds under this subsection, the Secretary shall give priority to a State that—

(i) demonstrates demand for corridor and fringe

parking on the corridor to be addressed;

(ii) consults with affected metropolitan planning

organizations, local governments, community groups,

and providers of corridor and fringe parking; and

(iii) demonstrates that the project proposed by the

State is likely to have a positive effect on ride sharing,

traffic congestion, or air quality.

(3) USE OF ALLOCATED FUNDS.—

(A) IN GENERAL.—A recipient of funds allocated under

this subsection shall use the funds to carry out the project

proposed in the application submitted by the recipient to

the Secretary.

(B) TYPES OF PROJECTS.—Funds under this subsection

shall be available for obligation for projects that serve the

Federal-aid system, including—

(i) construction of corridor and fringe parking facilities;

(ii) costs associated with the opening of facilities;
244

(iii) projects that promote awareness of the availability of corridor and fringe parking through the use

of signage and other means;

(iv) capital improvements to corridor and fringe

parking facilities closed on a seasonal basis in order to

allow the facilities to remain open year-around; and

(v) improvements to the geometric design on adjoining roadways to facilitate access to, and egress

from, corridor and fringe parking facilities.

(4) REPORT.—Not later than 5 years after the date of enactment of this section, the Secretary shall submit to Congress a

report on the results of the pilot program carried out under this

subsection.

(5) FEDERAL SHARE.—The Federal share of the cost of a

project carried out under this subsection shall be consistent

with section 120.

(6) FUNDING.— (A) IN GENERAL.—There is authorized to be appropriated from the Highway Trust Fund (other than the Mass

Transit Account) to carry out this subsection $8,930,818 for

each of fiscal years 2005 through 2009.

(B) CONTRACT AUTHORITY.—Funds authorized under

this paragraph shall be available for obligation in the same

manner as if the funds were apportioned under this chapter.

§ 177. Interstate oasis program

(a) IN GENERAL.—Not later than 180 days after the date of enactment of this section, in consultation with the States and other interested parties, the Secretary shall—

(1) establish an Interstate oasis program; and

(2) develop standards for designating, as an Interstate

oasis, a facility that—

(A) offers—

(i) products and services to the public;

(ii) 24-hour access to restrooms; and

(iii) parking for automobiles and heavy trucks; and

(B) meets other standards established by the Secretary.

(b) STANDARDS FOR DESIGNATION.—The standards for designation under subsection (a) shall include standards relating to—

(1) the appearance of a facility; and

(2) the proximity of the facility to the Interstate System.

(c) ELIGIBILITY FOR DESIGNATION.—If a State elects to participate in the interstate oasis program, any facility meeting the standards established by the Secretary shall be eligible for designation

under this section.

(d) LOGO.—The Secretary shall design a logo to be displayed by

a facility designated under this section.

§ 178. Delta Region transportation development program

(a) IN GENERAL.—The Secretary shall carry out a program to—

(1) support and encourage multistate transportation planning and corridor development;

(2) provide for transportation project development;
245

(3) facilitate transportation decisionmaking; and

(4) support transportation construction.

(b) ELIGIBLE RECIPIENTS.—A State transportation department

or metropolitan planning organization may receive and administer

funds provided under the program.

(c) ELIGIBLE ACTIVITIES.—The Secretary shall make allocations

under the program for multistate highway and transit planning, development, and construction projects.

(d) OTHER PROVISIONS REGARDING ELIGIBILITY.—All activities

funded under this program shall be consistent with the continuing,

cooperative, and comprehensive planning processes required by section 134 and 135.

(e) SELECTION CRITERIA.—The Secretary shall select projects to

be carried out under the program based on—

(1) whether the project is located—

(A) in an area that is part of the Delta Regional Authority; and

(B) on the Federal-aid system;

(2) endorsement of the project by the State department of

transportation; and

(3) evidence of the ability to complete the project.

(f) PROGRAM PRIORITIES.—In administering the program, the

Secretary shall—

(1) encourage State and local officials to work together to

develop plans for multimodal and multijurisdictional transportation decisionmaking; and

(2) give priority to projects that emphasize multimodal

planning, including planning for operational improvements

that—

(A) increase the mobility of people and goods;

(B) improve the safety of the transportation system

with respect to catastrophic—

(i) natural disasters; or

(ii) disasters caused by human activity; and

(C) contribute to the economic vitality of the area in

which the project is being carried out.

(g) FEDERAL SHARE.—Amounts provided by the Delta Regional

Authority to carry out a project under this section shall be applied

to the non-Federal share required by section 120.

(h) AVAILABILITY OF FUNDS.—Amounts made available to carry

out this section shall remain available until expended.

§ 179. Identity authentication standards

(a) DEFINITION OF INFORMATION-BASED IDENTITY AUTHENTICATION.—In this section, the term ‘information-based identity authentication’ means the determination of the identity of an individual,

through the comparison of information provided by a person, with

other information pertaining to that individual with a system using

scoring models and algorithms.

(b) STANDARDS.—Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Secretary of Homeland Security and the Federal Motor Carrier Safety

Administration, shall promulgate regulations establishing minimum standards for State departments of motor vehicles regarding
246

the use of information-based identity authentication to determine

the identity of an applicant for a commercial driver’s license, or the

renewal, transfer or upgrading, of a commercial driver’s license.

(c) MINIMUM STANDARDS.—The regulations shall, at a minimum, require State departments of motor vehicles to implement,

and applicants for commercial driver’s licenses, (or the renewal,

transfer, or upgrading of commercial driver’s licenses), to comply

with, reasonable procedures for operating an information-based

identity authentication program before issuing, renewing, transferring, or upgrading a commercial driver’s license.

(d) KEY FACTORS.—In promulgating regulations under this section, the Secretary shall require that an information-based identity

authentication program carried out under this section establish

processes that—

(1) use multiple sources of matching information;

(2) enable the measurement of the accuracy of the determination of an applicant’s identity;

(3) support continuous auditing of compliance with applicable laws, policies, and practices governing the collection, use,

and distribution of information in the operation of the program;

and

(4) incorporate industry best practices to protect significant

privacy interests in the information used in the program and

the appropriate safeguarding of the storage of the information.

* * * * * * *

§ 181. Definitions

In this subchapter, the following definitions apply:

(1) ELIGIBLE PROJECT COSTS.—The term ‘‘eligible project

costs’’ means amounts substantially all of which are paid by,

or for the account of, an obligor in connection with a project,

including the cost of—

(A) development phase activities, including planning,

feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design

work, and other preconstruction activities;

(B) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land

related to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment; and

(C) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital

issuance expenses, and other carrying costs during construction.

(2) FEDERAL CREDIT INSTRUMENT.—The term ‘‘Federal

credit instrument’’ means a secured loan, loan guarantee, or

line of credit authorized to be made available under this subchapter with respect to a project.

(3) INVESTMENT-GRADE RATING.—The term ‘‘investmentgrade rating’’ means a rating øcategory¿ of BBB minus, Baa3,

or higher assigned by a rating agency to project obligations øoffered into the capital markets¿.
247

(4) LENDER.—The term ‘‘lender’’ means any non-Federal

qualified institutional buyer (as defined in section 230.144A(a)

of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange

Commission and issued under the Securities Act of 1933 (15

U.S.C. 77a et seq.)), including—

(A) a qualified retirement plan (as defined in section

4974(c) of the Internal Revenue Code of 1986) that is a

qualified institutional buyer; and

(B) a governmental plan (as defined in section 414(d)

of the Internal Revenue Code of 1986) that is a qualified

institutional buyer.

(5) LINE OF CREDIT.—The term ‘‘line of credit’’ means an

agreement entered into by the Secretary with an obligor under

section 184 to provide a direct loan at a future date upon the

occurrence of certain events.

(6) LOAN GUARANTEE.—The term ‘‘loan guarantee’’ means

any guarantee or other pledge by the Secretary to pay all or

part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender.

ø(7) LOCAL SERVICER.—The term ‘‘local servicer’’ means—

ø(A) a State infrastructure bank established under

this title; or

ø(B) a State or local government or any agency of a

State or local government that is responsible for servicing

a Federal credit instrument on behalf of the Secretary.¿

ø(8)¿ (7) OBLIGOR.—The term ‘‘obligor’’ means a party primarily liable for payment of the principal of or interest on a

Federal credit instrument, which party may be a corporation,

partnership, joint venture, trust, or governmental entity, agency, or instrumentality.

ø(9)¿ (8) PROJECT.—The term ‘‘project’’ means—

(A) any surface transportation project eligible for Federal assistance under this title or chapter 53 of title 49;

(B) a project for an international bridge or tunnel for

which an international entity authorized under Federal or

State law is responsibleø.¿ ;

(C) a project for intercity passenger bus or rail facilities and vehicles, including facilities and vehicles owned by

the National Railroad Passenger Corporation and components of magnetic levitation transportation systems; and

ø(D) a project for publicly owned intermodal surface

freight transfer facilities, other than seaports and airports,

if the facilities are located on or adjacent to National Highway System routes or connections to the National Highway

System.¿

(D) a project that—

(i)(I) is a project for—

(aa) a public freight rail facility or a private

facility providing public benefit;

(bb) an intermodal freight transfer facility;

(cc) a means of access to a facility described in

item (aa) or (bb);
248

(dd) a service improvement for a facility described in item (aa) or (bb) (including a capital investment for an intelligent transportation system);

or

(II) comprises a series of projects described in subclause (I) with the common objective of improving the

flow of goods;

(ii) may involve the combining of private and public sector funds, including investment of public funds

in private sector facility improvements; and

(iii) if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access into

and out of the port.

ø(10)¿ (9) PROJECT OBLIGATION.—The term ‘‘project obligation’’ means any note, bond, debenture, or other debt obligation

issued by an obligor in connection with the financing of a

project, other than a Federal credit instrument.

ø(11)¿ (10) RATING AGENCY.—The term ‘‘rating agency’’

means a øbond¿ credit rating agency identified by the Securities and Exchange Commission as a Nationally Recognized

Statistical Rating Organization.

ø(12)¿ (11) SECURED LOAN.—The term ‘‘secured loan’’

means a direct loan or other debt obligation issued by an obligor and funded by the Secretary in connection with the financing of a project under section 183.

ø(13)¿ (12) STATE.—The term ‘‘State’’ has the meaning

given the term in section 101.

ø(14)¿ (13) SUBSIDY AMOUNT.—The term ‘‘subsidy amount’’

means the amount of budget authority sufficient to cover the

estimated long-term cost to the Federal Government of a Federal credit instrument, calculated on a net present value basis,

excluding administrative costs and any incidental effects on

governmental receipts or outlays in accordance with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661

et seq.).

ø(15)¿ (14) SUBSTANTIAL COMPLETION.—The term ‘‘substantial completion’’ means the opening of a project to vehicular or passenger traffic.

§ 182. Determination of eligibility and project selection

(a) ELIGIBILITY.—To be eligible to receive financial assistance

under this subchapter, a project shall meet the following criteria:

ø(1) INCLUSION IN TRANSPORTATION PLANS AND PROGRAMS.—The project—

ø(A) shall be included in the State transportation plan

required under section 135; and

ø(B) at such time as an agreement to make available

a Federal credit instrument is entered into under this subchapter, shall be included in the approved State transportation improvement program required under section 134.
249

ø(2) APPLICATION.—A State, a local servicer identified

under section 185(a), or the entity undertaking the project

shall submit a project application to the Secretary.¿

(1) INCLUSION IN TRANSPORTATION PLANS AND PROGRAMS.— The project shall satisfy the applicable planning and programming requirements of sections 134 and 135 at such time as an

agreement to make available a Federal credit instrument is entered into under this subchapter.

(2) APPLICATION.—A State, local government, public authority, public-private partnership, or any other legal entity undertaking the project and authorized by the Secretary shall submit a project application to the Secretary.

(3) ELIGIBLE PROJECT COSTS.— (A) IN GENERAL.—Except as provided in subparagraph

(B), to be eligible for assistance under this subchapter, a

project shall have eligible project costs that are reasonably

anticipated to equal or exceed the lesser of—

(i) ø$100,000,000¿ $50,000,000; or

(ii) ø50¿ 20 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.

(B) INTELLIGENT TRANSPORTATION SYSTEM PROJECTS.— In the case of a project principally involving the installation of an intelligent transportation system, eligible project

costs shall be reasonably anticipated to equal or exceed

$30,000,000.

(4) DEDICATED REVENUE SOURCES.—øProject financing¿

The Federal credit instrument shall be repayable, in whole or

in part, from tolls, user fees, or other dedicated revenue

sources that also secure the project obligations. (5) PUBLIC SPONSORSHIP OF PRIVATE ENTITIES.—In the case

of a project that is undertaken by an entity that is not a State

or local government or an agency or instrumentality of a State

or local government, the project that the entity is undertaking

shall be publicly sponsored as provided in paragraphs (1) and

(2).

(b) SELECTION AMONG ELIGIBLE PROJECTS.— (1) ESTABLISHMENT.—The Secretary shall establish criteria

for selecting among projects that meet the eligibility øcriteria¿

requirements specified in subsection (a).

(2) SELECTION CRITERIA.—

(A) IN GENERAL.—The selection criteria shall include

the following:

(i) The extent to which the project is nationally or

regionally significant, in terms of generating economic

benefits, supporting international commerce, or otherwise enhancing the national transportation system.

(ii) The creditworthiness of the project, including

a determination by the Secretary that any financing

for the project has appropriate security features, such

as a rate covenant, to ensure repayment.

(iii) The extent to which assistance under this

subchapter would foster innovative public-private
250

partnerships and attract private debt or equity investment.

(iv) The likelihood that assistance under this subchapter would enable the project to proceed at an earlier date than the project would otherwise be able to

proceed.

(v) The extent to which the project uses new technologies, including intelligent transportation systems,

that enhance the efficiency of the project.

(vi) The amount of budget authority required to

fund the Federal credit instrument made available

under this subchapter.

(vii) The extent to which the project helps maintain or protect the environment.

(viii) The extent to which assistance under this

chapter would reduce the contribution of Federal grant

assistance to the project.

(B) PRELIMINARY RATING OPINION LETTER.—For purposes of subparagraph (A)(ii), the Secretary shall require

each project applicant to provide a preliminary rating

opinion letter from at least 1 rating agency indicating that

the project’s senior obligations (which may be the Federal

credit instrument) have the potential to achieve an investment-grade rating.

(c) FEDERAL REQUIREMENTS.—In addition to the requirements

of this title for highway projects, chapter 53 of title 49 for transit

projects, and section 5333(a) of title 49 for rail projects, the following provisions of law shall apply to funds made available under

this subchapter and projects assisted with the funds:

(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C.

2000d et seq.).

(2) The National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.).

(3) The Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

§ 183. Secured loans

(a) IN GENERAL.— (1) AGREEMENTS.—Subject to paragraphs (2) through (4),

the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be

used—

(A) to finance eligible project costs of any project selected under section 182; or

(B) to refinance interim construction financing of eligible project costs of any project selected under section 182ø;¿

.

øof any project selected under section 182.¿

(2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION

FINANCING.—A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B) later than

1 year after the date of substantial completion of the project.

(3) RISK ASSESSMENT.—Before entering into an agreement

under this subsection, the Secretary, in consultation with the
251

Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under

section 182(b)(2)(B), shall determine an appropriate capital reserve subsidy amount for each secured loan, taking into account such letter.

(4) INVESTMENT-GRADE RATING REQUIREMENT.—The øfunding¿ execution of a secured loan under this section shall be contingent on the project’s senior obligations receiving an investment-grade ørating, except that—¿ . (A) the Secretary may fund an amount of the secured

loan not to exceed the capital reserve subsidy amount determined under paragraph (3) prior to the obligations receiving an investment-grade rating; and

(B) the Secretary may fund the remaining portion of

the secured loan only after the obligations have received

an investment-grade rating by at least 1 rating agency.

(b) TERMS AND LIMITATIONS.— (1) IN GENERAL.—A secured loan under this section with

respect to a project shall be on such terms and conditions and

contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.

ø(2) MAXIMUM AMOUNT.—The amount of the secured loan

shall not exceed 33 percent of the reasonably anticipated eligible project costs.¿

(2) MAXIMUM AMOUNT.—The amount of the secured loan

shall not exceed the lesser of—

(A) 33 percent of the reasonably anticipated eligible

project costs; or

(B) the amount of the senior project obligations.

(3) PAYMENT.—The secured loan—

(A) shall—

(i) be payable, in whole or in part, from tolls, user

fees, or other dedicated revenue sources that also secure the senior project obligations; and

(ii) include a rate covenant, coverage requirement,

or similar security feature supporting the project obligations; and

(B) may have a lien on revenues described in subparagraph (A) subject to any lien securing project obligations.

(4) INTEREST RATE.—The interest rate on the secured loan

shall be not less than the yield on ømarketable¿ United States

Treasury securities of a similar maturity to the maturity of the

secured loan on the date of execution of the loan agreement.

(5) MATURITY DATE.—The final maturity date of the secured loan shall be not later than 35 years after the date of

substantial completion of the project.

(6) NONSUBORDINATION.—The secured loan shall not be

subordinated to the claims of any holder of project obligations

in the event of bankruptcy, insolvency, or liquidation of the obligor.

(7) FEES.—The Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section.
252

(8) NON-FEDERAL SHARE.—The proceeds of a secured loan

under this subchapter may be used for any non-Federal share

of project costs required under this title or chapter 53 of title

49, if the loan is repayable from non-Federal funds.

(c) REPAYMENT.— (1) SCHEDULE.—The Secretary shall establish a repayment

schedule for each secured loan under this section based on the

projected cash flow from project revenues and other repayment

sources.

(2) COMMENCEMENT.—Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project.

ø(3) SOURCES OF REPAYMENT FUNDS.—The sources of funds

for scheduled loan repayments under this section shall include

tolls, user fees, or other dedicated revenue sources.¿

ø(4)¿ (3) DEFERRED PAYMENTS.— (A) AUTHORIZATION.—If, at any time øduring the 10

years¿ after the date of substantial completion of the

project, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal

and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid

principal and interest to the outstanding balance of the secured loan.

(B) INTEREST.—Any payment deferred under subparagraph (A) shall—

(i) continue to accrue interest in accordance with

subsection (b)(4) until fully repaid; and

(ii) be scheduled to be amortized over the remaining term of the øloan beginning not later than 10

years after the date of substantial completion of the

project in accordance with paragraph (1).¿ loan.

(C) CRITERIA.— (i) IN GENERAL.—Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary.

(ii) REPAYMENT STANDARDS.—The criteria established under clause (i) shall include standards for reasonable assurance of repayment.

ø(5)¿ (4) PREPAYMENT.—

(A) USE OF EXCESS REVENUES.—Any excess revenues

that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and

all deposit requirements under the terms of any trust

agreement, bond resolution, or similar agreement securing

project obligations may be applied annually to prepay the

secured loan without penalty.

(B) USE OF PROCEEDS OF REFINANCING.—The secured

loan may be prepaid at any time without penalty from the

proceeds of refinancing from non-Federal funding sources.

(d) SALE OF SECURED LOANS.—

(1) IN GENERAL.—Subject to paragraph (2), as soon as practicable after substantial completion of a project and after noti-
253

fying the obligor, the Secretary may sell to another entity or

reoffer into the capital markets a secured loan for the project

if the Secretary determines that the sale or reoffering can be

made on favorable terms.

(2) CONSENT OF OBLIGOR.—In making a sale or reoffering

under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor.

(e) LOAN GUARANTEES.—

(1) IN GENERAL.—The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan.

(2) TERMS.—The terms of a guaranteed loan shall be consistent with the terms set forth in this section for a secured

loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and

the lender, with the consent of the Secretary.

§ 184. Lines of credit

(a) IN GENERAL.—

(1) AGREEMENTS.—Subject to paragraphs (2) through (4),

the Secretary may enter into agreements to make available

lines of credit to 1 or more obligors in the form of direct loans

to be made by the Secretary at future dates on the occurrence

of certain events for any project selected under section 182.

(2) USE OF PROCEEDS.—The proceeds of a line of credit

made available under this section shall be available to pay

debt service on project obligations issued to finance eligible

project costs, extraordinary repair and replacement costs, operation and maintenance expenses, and costs associated with unexpected Federal or State environmental restrictions.

(3) RISK ASSESSMENT.—Before entering into an agreement

under this subsection, the Secretary, in consultation with the

Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under

section 182(b)(2)(B), shall determine an appropriate capital reserve subsidy amount for each line of credit, taking into account such letter.

(4) INVESTMENT-GRADE RATING REQUIREMENT.—The funding of a line of credit under this section shall be contingent on

the project’s senior obligations receiving an investment-grade

rating from at least 1 rating agency.

(b) TERMS AND LIMITATIONS.—

(1) IN GENERAL.—A line of credit under this section with

respect to a project shall be on such terms and conditions and

contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.

(2) MAXIMUM AMOUNTS.—

(A) TOTAL AMOUNT.—The total amount of the line of

credit shall not exceed 33 percent of the reasonably anticipated eligible project costs.
254

(B) 1-YEAR DRAWS.—The amount drawn in any 1 year

shall not exceed 20 percent of the total amount of the line

of credit.

(3) DRAWS.—Any draw on the line of credit shall represent

a direct loan and shall be made only if net revenues from the

project (including capitalized øinterest, any debt service reserve fund, and any other available reserve¿ interest (but not

including reasonably required financing reserves)) are insufficient to pay the costs specified in subsection (a)(2).

(4) INTEREST RATE.—The interest rate on a direct loan resulting from a draw on the line of credit shall be not less than

the yield on 30-year ømarketable United States Treasury securities as of the date on which the line of credit is obligated¿

United States Treasury securities as of the date of execution of

the line of credit agreement. (5) SECURITY.—The line of credit—

(A) shall—

(i) be payable, in whole or in part, from tolls, user

fees, or other dedicated revenue sources that also secure the senior project obligations; and

(ii) include a rate covenant, coverage requirement,

or similar security feature supporting the project obligations; and

(B) may have a lien on revenues described in subparagraph (A) subject to any lien securing project obligations.

(6) PERIOD OF AVAILABILITY.—The line of credit shall be

available during the period beginning on the date of substantial completion of the project and ending not later than 10

years after that date.

(7) RIGHTS OF THIRD-PARTY CREDITORS.— (A) AGAINST FEDERAL GOVERNMENT.—A third-party

creditor of the obligor shall not have any right against the

Federal Government with respect to any draw on the line

of credit.

(B) ASSIGNMENT.—An obligor may assign the line of

credit to 1 or more lenders or to a trustee on the lenders’

behalf.

(8) NONSUBORDINATION.—A direct loan under this section

shall not be subordinated to the claims of any holder of project

obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.

(9) FEES.—The Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of providing a line of credit under this section.

(10) RELATIONSHIP TO OTHER CREDIT INSTRUMENTS.—A

project that receives a line of credit under this section also

shall not receive a secured loan or loan guarantee under section 183 of an amount that, combined with the amount of the

line of credit, exceeds 33 percent of eligible project costs.

(c) REPAYMENT.—

(1) TERMS AND CONDITIONS.—The Secretary shall establish

repayment terms and conditions for each direct loan under this

section based on the projected cash flow from project revenues

and other repayment sources.
255

(2) TIMING.—All øscheduled¿ repayments of principal or

interest on a direct loan under this section shall be scheduled

to commence not later than 5 years after the end of the period

of availability specified in subsection (b)(6) and øbe fully repaid, with interest,¿ to conclude, with full repayment of principal and interest, by the date that is 25 years after the end

of the period of availability specified in subsection (b)(6).

ø(3) SOURCES OF REPAYMENT FUNDS.—The sources of funds

for scheduled loan repayments under this section shall include

tolls, user fees, or other dedicated revenue sources.¿

ø§ 185. Project servicing

ø(a) REQUIREMENT.—The State in which a project that receives

financial assistance under this subchapter is located may identify

a local servicer to assist the Secretary in servicing the Federal

credit instrument made available under this subchapter.

ø(b) AGENCY; FEES.—If a State identifies a local servicer under

subsection (a), the local servicer—

ø(1) shall act as the agent for the Secretary; and

ø(2) may receive a servicing fee, subject to approval by the

Secretary.

ø(c) LIABILITY.—A local servicer identified under subsection (a)

shall not be liable for the obligations of the obligor to the Secretary

or any lender.

ø(d) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may retain the services of expert firms in the field of municipal and

project finance to assist in the underwriting and servicing of Federal credit instruments.¿

§ 185. Program administration

(a) REQUIREMENT.—The Secretary shall establish a uniform

system to service the Federal credit instruments made available

under this subchapter.

(b) FEES.—The Secretary may establish fees at a level to cover

all or a portion of the costs to the Federal government of servicing

the Federal credit instruments.

(c) SERVICER.—

(1) IN GENERAL.—The Secretary may appoint a financial

entity to assist the Secretary in servicing the Federal credit instruments.

(2) DUTIES.—The servicer shall act as the agent for the Secretary.

(3) FEE.—The servicer shall receive a servicing fee, subject

to approval by the Secretary.

(d) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may retain the services of expert firms, including counsel, in the field of

municipal and project finance to assist in the underwriting and

servicing of Federal credit instruments.

* * * * * * *

ø§ 188. Funding

ø(a) FUNDING.—
256

ø(1) IN GENERAL.—There are authorized to be appropriated

from the Highway Trust Fund (other than the Mass Transit

Account) to carry out this subchapter—

ø(A) $80,000,000 for fiscal year 1999;

ø(B) $90,000,000 for fiscal year 2000;

ø(C) $110,000,000 for fiscal year 2001;

ø(D) $120,000,000 for fiscal year 2002;

ø(E) $130,000,000 for fiscal year 2003;

ø(F) $130,000,000 for fiscal year 2004; and

ø(G) $86,666,667 for the period of October 1, 2004,

through May 31, 2005.

ø(2) ADMINISTRATIVE COSTS.—From funds made available

under paragraph (1), the Secretary may use, for the administration of this subchapter, not more than $2,000,000 for each

of fiscal years 1999 through 2004 and $1,333,333 for the period

of October 1, 2004, through May 31, 2005.

ø(3) AVAILABILITY.—Amounts made available under paragraph (1) shall remain available until expended.

ø(b) CONTRACT AUTHORITY.—

ø(1) IN GENERAL.—Notwithstanding any other provision of

law, approval by the Secretary of a Federal credit instrument

that uses funds made available under this subchapter shall be

deemed to be acceptance by the United States of a contractual

obligation to fund the Federal credit instrument.

ø(2) AVAILABILITY.—Amounts authorized under this section

for a fiscal year shall be available for obligation on October 1

of the fiscal year.

ø(c) LIMITATIONS ON CREDIT AMOUNTS.—For each of fiscal

years 1999 through 2005, principal amounts of Federal credit instruments made available under this subchapter shall be limited to

the amounts specified in the following table:

øFiscal year: øMaximum amount of credit:

ø1999 ...................................................................................................... $1,600,000,000

ø2000 ...................................................................................................... $1,800,000,000

ø2001 ...................................................................................................... $2,200,000,000

ø2002 ...................................................................................................... $2,400,000,000

ø2003 ...................................................................................................... $2,600,000,000

ø2004 ...................................................................................................... $2,600,000,000

ø2005 ...................................................................................................... $1,733,333,333.¿

§ 188. Funding

(a) 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 subchapter $116,100,629 for each of fiscal years 2005 through 2009.

(2) ADMINISTRATIVE COSTS.—Of amounts made available

under paragraph (1), the Secretary may use for the administration of this subchapter not more than $1,786,164 for each of fiscal years 2005 through 2009.

(3) COLLECTED FEES AND SERVICES.—In addition to funds

provided under paragraph (2)—

(A) all fees collected under this subchapter shall be

made available without further appropriation to the Sec-
257

retary until expended, for use in administering this subchapter; and

(B) the Secretary may accept and use payment or services provided by transaction participants, or third parties

that are paid by participants from transaction proceeds, for

due diligence, legal, financial, or technical services.

(4) AVAILABILITY.—Amounts made available under paragraph (1) shall remain available until expended.

(b) CONTRACT AUTHORITY.— (1) IN GENERAL.—Notwithstanding any other provision of

law, approval by the Secretary of a Federal credit instrument

that uses funds made available under this subchapter shall be

deemed to be acceptance by the United States of a contractual

obligation to fund the Federal credit investment.

(2) AVAILABILITY.—Amounts authorized under this section

for a fiscal year shall be available for obligation on October 1

of the fiscal year.

ø§ 189. Report to Congress

øNot later than 4 years after the date of enactment of this subchapter, the Secretary shall submit to Congress a report summarizing the financial performance of the projects that are receiving,

or have received, assistance under this subchapter, including a recommendation as to whether the objectives of this subchapter are

best served—

ø(1) by continuing the program under the authority of the

Secretary;

ø(2) by establishing a Government corporation or Government-sponsored enterprise to administer the program; or

ø(3) by phasing out the program and relying on the capital

markets to fund the types of infrastructure investments assisted by this subchapter without Federal participation.¿

* * * * * * *

CHAPTER 2—OTHER HIGHWAYS

Sec.

201. Authorizations

202. Allocations

203. Availability of funds

204. Federal lands highways program.

ø205. Forest development roads and trails¿

205. National Forest System roads and trails.

206. Recreational trails program

207. Repealed

208. Repealed

209. Repealed

210. Defense access roads

212. Inter-American Highway

214. Public lands development roads and trails

ø215. Territories highway development program.¿

215. Territorial highway program.

216. Darien Gap Highway

217. Bicycle transportation and pedestrian walkways

218. Alaska Highway

§ 201. Authorizations

The provision of this title shall apply to all unappropriated authorizations contained in prior Acts, and also to all unexpended ap-
258

propriations heretofore made, providing for the expenditure of Federal funds on the following classes of highways: Forest highways,

øforest development roads¿ National Forest System roads and

trails, park road, parkways, Indian reservation roads, refuge roads,

public lands highways, recreation roads, and defense access roads.

All such authorizations and appropriations shall continue in full

force and effect, but hereafter obligations entered into and expenditures made pursuant thereto shall be subject to the provisions of

this title.

§ 202. Allocations

ø(a) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for

forest development roads and trails according to the relative needs

of the various national forests. Such allocation¿

(a) ALLOCATION BASED ON NEED.— (1) IN GENERAL.—On October 1 of each fiscal year, the Secretary shall allocate sums authorized to be appropriated for the

fiscal year for ƒforest development roads≈ National Forest System roads and trails according to the relative needs of the various national forests and grasslands.

(2) PLANNING.—The allocation under paragraph (1) shall

be consistent with the renewable resource and land use planning for the various national forests.

ø(b) On October 1 of each fiscal year, the Secretary shall allocate 34 percent of the sums authorized to be appropriated for such

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 such

States, respectively, as determined by the Secretary upon application of the State transportation departments of the respective

States. The Secretary shall give preference to those projects which

are significantly impacted by Federal land and resource management activities which are proposed by a State which contains at

least 3 percent of the total public lands in the Nation. The Secretary shall allocate 66 percent of the remainder of the authorization for public lands highways for each fiscal year as is provided

in section 134 of the Federal-Aid Highway Act of 1987, and with

respect to these allocations 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 renewable resources and land use planning and the impact

of such planning on existing transportation facilities.¿

(b) ALLOCATION FOR PUBLIC LANDS HIGHWAYS.—

(1) PUBLIC LANDS HIGHWAYS.—

(A) IN GENERAL.—On October 1 of each fiscal year, the

Secretary shall allocate 331⁄3 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, or 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.
259

(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) IN GENERAL.—On October 1 of each fiscal year, the

Secretary shall allocate 662⁄3 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.

ø(c) On¿

(c) PARK ROADS AND PARKWAYS.— (1) IN GENERAL.—On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for

such fiscal year for park roads and parkways each according to

the relative needs of the various elements of the national park

system, taking into consideration the need for access as identified through land use planning and the impact of such planning on existing transportation facilities.

(2) PRIORITY.— (A) DEFINITION OF QUALIFYING NATIONAL PARK.—In

this paragraph, the term ‘‘qualifying national park’’ means

a National Park that is used more than 1,000,000 recreational visitor days per year, based on an average of the

3 most recent years of available data from the National

Park Service.

(B) PRIORITY.—Notwithstanding any other provision of

law, with respect to funds authorized for park roads and

parkways, the Secretary shall give priority in the allocation

of funds to projects for highways that—

(i) are located in, or provide access to, a qualifying

National Park; and

(ii) were initially constructed before 1940.

(C) PRIORITY CONFLICTS.—If there is a conflict between

projects described in subparagraph (B), the Secretary shall

give highest priority to projects that—

(i) are in, or that provide access to, parks that are

adjacent to a National Park of a foreign country; or

(ii) are located in more than 1 State;

(d) INDIAN RESERVATION ROADS.—

(1) FOR FISCAL YEARS ENDING BEFORE OCTOBER 1, ø1999¿

2005.—On October 1 of each fiscal year ending before October

1, ø1999¿ 2005, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for Indian reserva-
260

tion roads according to the relative needs of the various reservations as jointly identified by the Secretary and the Secretary of the Interior.

(2) FISCAL YEAR ø2000¿ 2005 and thereafter.—

(A) IN GENERAL.—All funds authorized to be appropriated for Indian reservation roads shall be allocated

among Indian tribes for fiscal year ø2000¿ 2005 and each

subsequent fiscal year in accordance with a formula established by the Secretary of the Interior under a negotiated

rulemaking procedure under subchapter III of chapter 5 of

title 5.

(B) REGULATIONS.—Notwithstanding sections 563(a)

and 565(a) of title 5, the Secretary of the Interior shall

issue regulations governing the Indian reservation roads

program, and establishing the funding formula for fiscal

year ø2000¿ 2005 and each subsequent fiscal year under

this paragraph, in accordance with a negotiated rulemaking procedure under subchapter III of chapter 5 of

title 5. The regulations shall be issued in final form not

later than April 1, ø1999¿ 2005, and shall take effect not

later than October 1, ø1999¿ 2005. (C) NEGOTIATED RULEMAKING COMMITTEE.—In establishing a negotiated rulemaking committee to carry out

subparagraph (B), the Secretary of the Interior shall—

(i) apply the procedures under subchapter III of

chapter 5 of title 5 in a manner that reflects the

unique government-to-government relationship between the Indian tribes and the United States; and

(ii) ensure that the membership of the committee

includes only representatives of the Federal Government and of geographically diverse small, medium,

and large Indian tribes.

(D) BASIS FOR FUNDING FORMULA.—The funding formula established for fiscal year ø2000¿ 2005 and each subsequent fiscal year under this paragraph shall be based on

factors that reflect—

(i) the relative needs of the Indian tribes, and reservation or tribal communities, for transportation assistance; and

(ii) the relative administrative capacities of, and

challenges faced by, various Indian tribes, including

the cost of road construction in each Bureau of Indian

Affairs area, geographic isolation and difficulty in

maintaining all-weather access to employment, commerce, health, safety, and educational resources.

(E) TRANSFERRED FUNDS.—

(i) 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 applicable for each fiscal year.

(ii) FORMULA.—If the Secretary of the Interior has

not promulgated final regulations for the distribution
261

of funds under clause (i) for a fiscal year by the date

on which the funds for the fiscal year are required to

be distributed under that clause, the Secretary of the

Interior shall distribute the funds under clause (i) in

accordance with the applicable funding formula for the

preceding year.

(iii) 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.

(3) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.— (A) IN GENERAL.—Notwithstanding any other provision

of law or any interagency agreement, program guideline,

manual, or policy directive, all funds made available

øunder this title¿ under this chapter and section 125(e) for

Indian reservation roads and for highway bridges located

on Indian reservation roads to pay for the costs of programs, services, functions, and activities, or portions thereof, that are specifically or functionally related to the cost

of planning, research, engineering, and construction of any

highway, road, bridge, parkway, or transit facility that

provides access to or is located within the reservation or

community of an Indian tribe shall be made available,

upon request of the Indian tribal government, to the Indian tribal government for contracts and agreements for

such planning, research, engineering, and construction in

accordance with the Indian Self-Determination and Education Assistance Act.

(B) EXCLUSION OF AGENCY PARTICIPATION.—Funds for

programs, functions, services, or activities, or portions

thereof, including supportive administrative functions that

are otherwise contractible to which subparagraph (A) applies, shall be paid in accordance with subparagraph (A)

without regard to the organizational level at which the Department of the Interior that has previously carried out

such programs, functions, services, or activities.

(C) FEDERAL LANDS HIGHWAY PROGRAM DEMONSTRA- TION PROJECT.—

(i) IN GENERAL.—The Secretary shall establish a

demonstration project under which all funds made

available under this chapter for Indian reservation

roads and for highway bridges located on Indian reservation roads as provided for in subparagraph (A)

shall be made available, on the request of an affected

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. 450b et seq.), contracts and agreements

for the planning, research, engineering, and construction described in that subparagraph.

(ii) EXCLUSION OF AGENCY PARTICIPATION.—In accordance with subparagraph (B), all funds for Indian

reservation roads and for highway bridges located on
262

Indian reservation roads to which clause (i) applies

shall be paid without regard to the organizational level

at which the Federal lands highway program has previously carried out the programs, functions, services, or

activities involved.

(iii) SELECTION OF PARTICIPATING TRIBES.— (I) PARTICIPANTS.— (aa) IN GENERAL.—In addition to Indian

tribes or tribal organizations that, as of the

date of enactment of this subparagraph, are

contracting or compacting for any Indian reservation road function or program, for each

fiscal year, the Secretary may select up to 15

Indian tribes from the applicant pool described in subclause (II) to participate in the

demonstration project carried out under clause

(i).

(bb) CONSORTIA.—Two or more Indian

tribes that are otherwise eligible to participate

in a program or activity to which this title applies may form a consortium to be considered

as a single Indian tribe for the purpose of becoming part of the applicant pool under subclause (II).

(cc) FUNDING.—An Indian tribe participating in the pilot program under this subparagraph shall receive funding in an amount

equal to the sum of the funding that the Indian tribe would otherwise receive in accordance with the funding formula established

under the other provisions of this subsection,

and an additional percentage of that amount

equal to the percentage of funds withheld during the applicable fiscal year for the road program management costs of the Bureau of Indian Affairs under subsection (f)(1).

(II) APPLICANT POOL.—The applicant pool described in this subclause shall consist of each Indian tribe (or consortium) that—

(aa) has successfully completed the planning phase described in subclause (IV);

(bb) has requested participation in the

demonstration project under this subparagraph through the adoption of a resolution or

other official action by the tribal governing

body; and

(cc) has demonstrated financial stability

and financial management capability in accordance with subclause (III) during the 3-fiscal-year period immediately preceding the fiscal year for which participation under this

subparagraph is being requested.

(III) CRITERIA FOR DETERMINING FINANCIAL

STABILITY AND FINANCIAL MANAGEMENT CAPAC-
263

ITY.—For the purpose of subclause (II), evidence

that, during the 3-year period referred to in subclause (II)(cc), an Indian tribe had no uncorrected

significant and material audit exceptions in the required annual audit of the Indian tribe’s self-determination contracts or self-governance funding

agreements with any Federal agency shall be conclusive evidence of the required stability and capability.

(IV) PLANNING PHASE.—

(aa) IN GENERAL.—An Indian tribe (or

consortium) requesting participation in the

demonstration project under this subparagraph shall complete a planning phase that

shall include legal and budgetary research

and internal tribal government and organization preparation.

(bb) ELIGIBILITY.—An Indian tribe (or

consortium) described in item (aa) shall be eligible to receive a grant under this subclause to

plan and negotiate participation in a project

described in that item.

(V) REPORT TO CONGRESS.—Not later than

September 30, 2006, the Secretary shall submit to

Congress a report describing the implementation of

the demonstration project and any recommendations for improving the project.

(4) RESERVATION OF FUNDS.—

(A) NATIONWIDE PRIORITY PROGRAM.—The Secretary

shall establish a nationwide priority program for improving deficient Indian reservation road bridges.

ø(B) RESERVATION.—Of the amounts authorized to be

appropriated for Indian reservation roads for each fiscal

year, the Secretary, in cooperation with the Secretary of

the Interior, shall reserve not less than $13,000,000 for

projects to replace,¿

(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) $13,396,226 for

each of fiscal years 2005 through 2009 to carry out

planning, design, engineering, preconstruction, construction, and inspection of projects to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing

and de-icing compositions or install scour countermeasures for deficient Indian reservation road bridges,

including multiple-pipe culverts.

(ii) AVAILABILITY.—Funds made available to carry

out this subparagraph shall be available for obligation
264

in the same manner as if the funds were apportioned

under chapter 1.

(C) ELIGIBLE BRIDGES.—To be eligible to receive funding under this subsection, a bridge described in subparagraph (A) must—

(i) have an opening of 20 feet or more;

(ii) be on an Indian reservation road;

(iii) be unsafe because of structural deficiencies,

physical deterioration, or functional obsolescence; and

(iv) be recorded in the national bridge inventory

administered by the Secretary under subsection (b).

ø(D) APPROVAL REQUIREMENT.—Funds to carry out Indian reservation road bridge projects under this subsection

shall be made available only on approval of plans, specifications, and estimates by the Secretary.¿

(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

only after approval by the Secretary of applicable

plans, specifications, and estimates.

(e) REFUGE ROADS.—On October 1 of each fiscal year, the Secretary shall allocate the sums made available for that fiscal year

for refuge roads according to the relative needs of the various refuges in the National Wildlife øRefuge System,¿ Refuge System and

the various national fish hatcheries, and taking into

consideration—

(1) the comprehensive conservation plan for each refuge;

(2) the need for access as identified through land use planning; and

(3) the impact of land use planning on existing transportation facilities.

(f) ADMINISTRATION OF INDIAN RESERVATION ROADS.—

(1) CONTRACT AUTHORITY.—Notwithstanding any other provision of law, for any fiscal year, not more than 6 percent of the

contract authority amounts made available from the Highway

Trust Fund to the Bureau of Indian Affairs under this title

shall be used to pay the expenses incurred by the Bureau in administering the Indian reservation roads program (including

the administrative expenses relating to individual projects associated with the Indian reservation roads program).

(2) HEALTH AND SAFETY ASSURANCES.—Notwithstanding

any other provision of law, an Indian tribe or tribal organization may commence road and bridge construction under the

Transportation Equity Act for the 21st Century (Public Law

105-178) or the Safe, Accountable, Flexible, and Efficient

Transportation Equity Act of 2005 that is funded through a

contract or agreement under the Indian Self-Determination and
265

Education Assistance Act (25 U.S.C. 450b et seq.) if the Indian

tribe or tribal organization—

(A) provides assurances in the contract or agreement

that the construction will meet or exceed applicable health

and safety standards;

(B) obtains the advance review of the plans and specifications from a licensed professional that has certified that

the plans and specifications meet or exceed the applicable

health and safety standards; and

(C) provides a copy of the certification under subparagraph (B) to the Assistant Secretary for Indian Affairs.

(g) SAFETY.—Subject to paragraph (2), on October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for the fiscal year for safety as follows:

(1) 12 percent to the Bureau of Reclamation.

(2) 18 percent to the Bureau of Indian Affairs.

(3) 17 percent to the Bureau of Land Management.

(4) 17 percent to the Forest Service.

(5) 7 percent to the United States Fish and Wildlife Service.

(6) 17 percent to the National Park Service.

(7) 12 percent to the Corps of Engineers.

(h) RECREATION ROADS.— (1) IN GENERAL.—Subject to paragraphs (2) and (3), on October 1 of each fiscal year, the Secretary, after completing the

transfer under subsection 204(i), shall allocate the sums authorized to be appropriated for the fiscal year for recreation roads

as follows:

(A) 8 percent to the Bureau of Reclamation.

(B) 9 percent to the Corps of Engineers.

(C) 13 percent to the Bureau of Land Management.

(D) 70 percent to the Forest Service.

(2) ALLOCATION WITHIN AGENCIES.—Recreation road funds

allocated to a Federal agency under paragraph (1) shall be allocated for projects and activities of the Federal agency according

to the relative needs of each area served by recreation roads

under the jurisdiction of the Federal agency, as indicated in the

approved transportation improvement program for each Federal

agency.

§ 203. Availability of funds

Funds authorized for øforest development roads¿ National Forest System roads and trails, public lands development roads and

trails, park road, parkways, refuge roads, safety projects or activities, Indian reservation roads, recreation roads, and public lands

highways shall be available for contract upon apportionment, or on

October 1, of the fiscal year for which authorized if no apportionment is required. Any amount remaining unexpended for a period

of three years after the close of the fiscal year for which authorized

shall lapse. The Secretary of the Department charged with the administration of such funds is granted authority to incur obligations,

approve projects, and enter into contracts under such authorizations and his action in doing so shall be deemed a contractual obligation of the United States for the payment of the cost thereof and

such funds shall be deemed to have been expended when so obli-
266

gated. Any funds heretofore or hereafter authorized for any fiscal

year for øforest development roads¿ National Forest System roads

and trails, public lands development roads and trails, park road,

parkways, refuge roads, safety projects or activities, Indian roads,

recreation roads, and public lands highways shall be deemed to

have been expended if a sum equal to the total of the sums authorized for such fiscal year and previous fiscal years since and including the fiscal year ending June 30, 1955, shall have been obligated.

Any of such funds released by payment of final voucher or modification of project authorizations shall be credited to the balance of

unobligated authorizations and be immediately available for expenditure. Notwithstanding any other provision of law, the authorization by the Secretary of engineering and related work for a Federal lands highways program project, or the approval by the Secretary of plans, specifications, and estimates for construction of a

Federal lands highways program project, shall be deemed to constitute a contractual obligation of the Federal Government to pay

the Federal share of the cost of the project.

§ 204. Federal Lands Highways Program

(a) ESTABLISHMENT.— (1) IN GENERAL.—Recognizing the need for all Federal

roads that are public roads to be treated under uniform policies

similar to the policies that apply to Federal-aid highways,

there is established a coordinated Federal lands highways program that shall apply to øpublic lands highways,¿ public lands

highways, recreation roads, forest highways, park roads and

parkways, refuge roads, recreation roads, and Indian reservation roads and bridges.

(2) TRANSPORTATION PLANNING PROCEDURES.—In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall develop, by rule, transportation planning procedures that are consistent with the metropolitan and statewide planning processes required under sections 134 and 135.

(3) APPROVAL OF TRANSPORTATION IMPROVEMENT PRO- GRAM.—The transportation improvement program developed as

a part of the transportation planning process under this section shall be approved by the Secretary.

(4) INCLUSION IN OTHER PLANS.—All regionally significant

Federal lands highways program projects—

(A) shall be developed in cooperation with States and

metropolitan planning organizations; and

(B) shall be included in appropriate Federal lands

highways program, State, and metropolitan plans and

transportation improvement programs.

(5) INCLUSION IN STATE PROGRAMS.—The approved Federal

lands highways program transportation improvement program

shall be included in appropriate State and metropolitan planning organization plans and programs without further action

on the transportation improvement program.

(6) DEVELOPMENT OF SYSTEMS.—The Secretary and the

Secretary of each appropriate Federal land management agency shall, to the extent appropriate, develop by rule safety,
267

bridge, pavement, and congestion management systems for

roads funded under the Federal lands highways program.

ø(b) Funds 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 for the cost of transportation planning, research, engineering, and construction of the highways, roads, and

parkways, or of transit facilities within public lands, national

parks, and Indian reservations. In connection with activities under

the preceding sentence, the Secretary and the Secretary of the appropriate Federal land management agency may enter into construction contracts and other appropriate contracts with a State or

civil subdivision of a State or Indian tribe. In the case of Indian

reservation roads, Indian labor may be employed in such construction and improvement under such rules and regulations as may be

prescribed by the Secretary of the Interior. No ceiling on Federal

employment shall be applicable to construction or improvement of

Indian reservation roads. Funds available for each class of Federal

lands highways shall be available for any kind of transportation

project eligible for assistance under this title that is within or adjacent to or provides access to the areas served by the particular

class of Federal lands highways. The Secretary of Interior may reserve funds from the Bureau of Indian Affairs’ administrative

funds associated with the Indian reservation roads program to finance the Indian technical centers authorized under section

504(b).¿

(b) USE OF FUNDS.—

(1) IN GENERAL.—Funds available for public lands highways, recreation roads, park roads and parkways, forest highways, 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 transportation planning, research, engineering, operation and maintenance of transit facilities, and construction of the highways, roads, parkways, forest highways, and transit facilities located on public land, 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 construction contract or other appropriate agreement 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 used, 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).
268

(4) FEDERAL EMPLOYMENT.—No maximum on Federal employment shall be applicable to construction or improvement of

Indian reservation roads.

(5) AVAILABILITY OF FUNDS.—Funds available under this

section for each class of Federal lands highway shall be available for any kind of 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 highway.

(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

road program to finance the Indian technical centers authorized

under section 504(b).

(c) Before approving as a project on an Indian reservation road

any project eligible for funds apportioned under section 104 or section 144 of this title in a State, the Secretary must determine that

the obligation of funds for such project is supplementary to and not

in lieu of the obligation, for projects on Indian reservation roads,

of a fair and equitable share of funds apportioned to such State

under section 104 of this title. øNotwithstanding any other provision of this title, Indian reservation roads under the jurisdiction of

the Bureau of Indian Affairs of the Department of the Interior

shall be eligible to expend not more than 15 percent funds apportioned for Indian reservation roads from the Highway Trust Fund

for the purpose of road sealing projects. The Bureau of Indian Affairs shall continue to retain responsibility, including annual funding request responsibility, for road maintenance programs on Indian reservations.¿ Notwithstanding any other provision of this

title, of the amount of funds apportioned for Indian reservation

roads from the Highway Trust Fund, an Indian tribe may expend

for the purpose of maintenance not more than the greater of

$250,000 or 25 percent of the apportioned amount. 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.

(d) Cooperation of States, counties, or other local subdivisions

may be accepted in construction and improvement, and any funds

received from a State, county, or local subdivision shall be credited

to appropriations available for the class of Federal lands highways

to which such funds were contributed.

(e) Construction of each project shall be performed by contract

awarded by competitive bidding, unless the Secretary or the Secretary of the appropriate Federal land management agency shall

affirmatively find that, under the circumstances relating to such

project, some other method is in the public interest. Notwithstanding the foregoing, the provisions of section 23 of the ‘‘Buy Indian’’ Act of June 25, 1910 (36 Stat. 891), and the provisions of section 7(b) of the Indian Self-Determination and Education Assistance Act (88 Stat. 2205) shall apply to all funds administered by
269

the Secretary of the Interior which are appropriated for the construction and improvement of Indian reservation roads.

(f) All appropriations for the construction and improvement of

each class of Federal lands highways shall be administered in conformity with regulations and agreements jointly approved by the

Secretary and the Secretary of the appropriate Federal land managing agency.

(g) The Secretary shall transfer to the Secretary of Agriculture

from appropriations for forest highways such amounts as may be

needed to cover necessary administrative expenses of the Forest

Service in connection with forest highways.

(h) ELIGIBLE PROJECTS.—Funds available for each class of Federal lands highways may be available for the following:

(1) Transportation planning for tourism and recreational

travel including the National Forest Scenic Byways Program,

Bureau of Land Management Back Country Byways Program,

National Trail System Program, and other similar Federal programs that benefit recreational development.

(2) Adjacent vehicular parking areas.

(3) Interpretive signage.

(4) Acquisition of necessary scenic easements and scenic or

historic sites.

(5) Provision for pedestrians and bicycles.

(6) Construction and reconstruction of roadside rest areas

including sanitary and water facilities.

(7) Other appropriate public road facilities such as visitor

centers as determined by the Secretary.

(8) A project to build a replacement of the federally owned

bridge over the Hoover Dam in the Lake Mead National Recreation Area between Nevada and Arizona.

(i) TRANSFERS OF COSTS TO SECRETARIES OF FEDERAL LAND

MANAGEMENT AGENCIES.— (1) ADMINISTRATIVE COSTS.—The Secretary shall transfer

to the appropriate Federal land management agency from

amounts made available for øpublic lands highways¿ public

lands highways, recreation roads, and forest highways such

amounts as are necessary to pay necessary administrative

costs of the agency in connection with øpublic lands highways¿

public lands highways, recreation roads, and forest highways.

(2) TRANSPORTATION PLANNING COSTS.—The Secretary

shall transfer to the appropriate Federal land management

agency from amounts made available for øpublic lands highways¿ public lands highways, recreation roads, and forest highways such amounts as are necessary to pay the cost to the

agency to conduct necessary transportation planning for Federal lands, if funding for the planning is not otherwise provided under this section.

(j) INDIAN RESERVATION ROADS PLANNING.—Up to 2 percent of

funds made available for Indian reservation roads for each fiscal

year shall be allocated to those Indian tribal governments applying

for transportation planning pursuant to the provisions of the Indian Self-Determination and Education Assistance Act. The Indian

tribal government, in cooperation with the Secretary of the Interior, and as appropriate, with a State, local government, or metro-
270

politan planning organization, shall carry out a transportation

planning process in accordance with subsection (a). Projects shall

be selected by the Indian tribal government from the transportation improvement program and shall be subject to the approval

of the Secretary of the Interior and the Secretary.

(k) REFUGE ROADS.—

(1) IN GENERAL.—Notwithstanding any other provision of

this title, funds made available for refuge roads shall be used

by the Secretary and the Secretary of the Interior only to pay

the cost of—

(A) maintenance and improvements of refuge roads;

(B) maintenance and improvements of eligible projects

described in paragraphs ø(2), (5),¿ (2), (3), (5), and (6) of

subsection (h) that are located in or adjacent to wildlife

refuges; øand¿

(C) administrative costs associated with such maintenance and improvementsø.¿ ;

(D) maintenance of public roads in national fish hatcheries under the jurisdiction of the United States Fish and

Wildlife Service;

(E) 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

(F) 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).

(2) CONTRACTS.—In carrying out paragraph (1), the Secretary and the Secretary of the Interior, as appropriate, may

enter into contracts with a State or civil subdivision of a State

or Indian tribe as is determined advisable.

(3) COMPLIANCE WITH OTHER LAW.—Funds made available

for refuge roads shall be used only for projects that are in compliance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.).

(l) SAFETY ACTIVITIES.—

(1) IN GENERAL.—Notwithstanding any other provision of

this title, funds made available for safety under this title shall

be used by the Secretary and the head of the appropriate Federal land management agency only to pay the costs of carrying

out—

(A) transportation safety improvement activities;

(B) activities to eliminate high-accident locations;

(C) projects to implement protective measures at, or

eliminate, at-grade railway-highway crossings;

(D) collection of safety information;

(E) transportation planning projects or activities;

(F) bridge inspection;

(G) development and operation of safety management

systems;

(H) highway safety education programs; and

(I) other eligible safety projects and activities authorized under chapter 4.
271

(2) CONTRACTS.—In carrying out paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into contracts or agreements with—

(A) a State;

(B) a political subdivision of a State; or

(C) an Indian tribe.

(3) EXCEPTION.—The cost sharing requirements under the

Federal Water Project Recreation Act (16 U.S.C. 460l–12 et seq.)

shall not apply to funds made available to the Bureau of Reclamation under this subsection.

(m) RECREATION ROADS.— (1) IN GENERAL.—Notwithstanding any other provision of

this title, funds made available for recreation roads under this

title shall be used by the Secretary and the Secretary of the appropriate Federal land management agency only to pay the cost

of—

(A) maintenance or improvements of existing recreation

roads;

(B) maintenance and improvements of eligible projects

described in paragraph (1), (2), (3), (5), or (6) of subsection

(h) that are located in or adjacent to Federal land under

the jurisdiction of—

(i) the Department of Agriculture; or

(ii) the Department of the Interior;

(C) transportation planning and administrative activities associated with those maintenance and improvements;

and

(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 Federal land described in subparagraph (B).

(2) CONTRACTS.—In carrying out paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into contracts or agreements with—

(A) a State;

(B) a political subdivision of a State; or

(C) an Indian tribe.

(3) NEW ROADS.—No funds made available under this section shall be used to pay the cost of the design or construction

of new recreation roads.

(4) COMPLIANCE WITH OTHER ENVIRONMENTAL LAWS.—A

maintenance or improvement project that is funded under this

subsection, and that is consistent with or has been identified in

a land use plan for an area under the jurisdiction of a Federal

agency, shall not require any additional environmental reviews

or assessments under the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.) if—

(A) the Federal agency that promulgated the land use

plan analyzed the specific proposal for the maintenance or

improvement project under that Act; and

(B) as of the date on which the funds are to be expended, there are—

(i) no significant changes to the proposal bearing

on environmental concerns; and
272

(ii) no significant new information.

(5) EXCEPTION.—The cost sharing requirements under the

Federal Water Project Recreation Act (16 U.S.C. 460l–12 et seq.)

shall not apply to funds made available to the Bureau of Reclamation under this subsection.

(n) TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.—

(1) IN GENERAL.—Notwithstanding any other provision of

law, regulation, policy, or guideline, 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) 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).

ø§ 205. Forest development roads and trails¿

§ 205. National Forest System roads and trails

(a) Funds available for øforest development roads¿ National

Forest System roads and trails shall be used by the Secretary of

Agriculture to pay for the costs of construction and maintenance

thereof, including roads and trails on experimental and other areas

under Forest Service administration. In connection therewith, the

Secretary of Agriculture may enter into contracts with a State or

civil subdivision thereof, and issue such regulations as he deems

advisable.

(b) Cooperation of States, counties, or other local subdivisions

may be accepted but shall not be required by the Secretary of Agriculture.

(c) Construction estimated to cost $50,000 or more per mile or

$50,000 or more per project for projects with a length of less than

one mile, exclusive of bridges and engineering, shall be advertised

and let to contract. If such estimated cost is less than $50,000 per

mile or $50,000 per project for projects with a length of less than

one mile or if, after proper advertising, no acceptable bid is received or the bids are deemed excessive, the work may be done by

the Secretary of Agriculture on his own account.

(d) Funds available for øforest development roads¿ National

Forest System roads and trails shall be available for adjacent vehic-
273

ular parking areas and for sanitary, water, and fire control facilities.

(e) PASSAGES FOR AQUATIC SPECIES.—Of the amounts made

available for National Forest System roads, $13,396,226 for each

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.

§ 206. Recreational trails program

(a) * * *

* * * * * * *

(d) USE OF APPORTIONED FUNDS.—

(1) IN GENERAL.—Funds apportioned to a State to carry

out this section shall be obligated for recreational trails and related projects that—

(A) have been planned and developed under the laws,

policies, and administrative procedures of the State; and

(B) are identified in, or further a specific goal of, a recreational trail plan, or a statewide comprehensive outdoor

recreation plan required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), that is in

effect.

ø(2) PERMISSIBLE USES.—Permissible uses of funds apportioned to a State for a fiscal year to carry out this section

include—

ø(A) maintenance and restoration of existing recreational trails;

ø(B) development and rehabilitation of trailside and

trailhead facilities and trail linkages for recreational trails;

ø(C) purchase and lease of recreational trail construction and maintenance equipment;

ø(D) construction of new recreational trails, except

that, in the case of new recreational trails crossing Federal

lands, construction of the trails shall be—

ø(i) permissible under other law;

ø(ii) necessary and required 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;

ø(iii) approved by the administering agency of the

State designated under subsection (c)(1); and

ø(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

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
274

Federal Land Policy and Management Act of 1976 (43

U.S.C. 1701 et seq.);

ø(E) acquisition of easements and fee simple title to

property for recreational trails or recreational trail corridors;

ø(F) 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 to carry out this section; and

ø(G) operation of educational programs to promote

safety and environmental protection as those objectives relate to the use of recreational trails, but in an amount not

to exceed 5 percent of the apportionment made to the

State for the fiscal year.¿

(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 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 land,

construction of the trails shall be—

(i) permissible under other law;

(ii) necessary and recommended by a statewide

comprehensive outdoor recreation plan that is—

(I) required under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et

seq.); and

(II) in effect;

(iii) approved by the administering agency of the

State designated under subsection (c)(1)(A); and

(iv) approved by each Federal agency having jurisdiction over the affected land, 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—

(I) the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.);

(II) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et

seq.); and

(III) 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;
275

(G) use of trail crews, youth conservation or service

corps, or other appropriate means to carry out activities

under this section;

(H) development and dissemination of publications and

operation of educational programs to promote safety and

environmental protection, as those objectives relate to 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

(I) 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 to carry out this section.

(3) USE OF APPORTIONMENTS.— (A) IN GENERAL.—Except as provided in subparagraphs (B), (C), and (D), of the apportionments made to a

State for a fiscal year to carry out this section—

(i) 40 percent shall be used for recreational trail

or related projects that facilitate diverse recreational

trail use within a recreational trail corridor, trailside,

or trailhead, regardless of whether the project is for

diverse motorized use, for diverse nonmotorized use,

or to accommodate both motorized and nonmotorized

recreational trail use;

(ii) 30 percent shall be used for uses relating to

motorized recreation; and

(iii) 30 percent shall be used for uses relating to

nonmotorized recreation.

(B) SMALL STATE EXCLUSION.—Any State with a total

land area of less than 3,500,000 acres shall be exempt

from the requirements of clauses (ii) and (iii) of subparagraph (A).

(C) WAIVER AUTHORITY.—A State recreational trail advisory committee established under subsection (c)(2) may

waive, in whole or in part, the requirements of clauses (ii)

and (iii) of subparagraph (A) if the State recreational trail

advisory committee determines and notifies the Secretary

that the State does not have sufficient projects to meet the

requirements of clauses (ii) and (iii) of subparagraph (A).

(D) STATE ADMINISTRATIVE COSTS.—State administrative costs eligible for funding under paragraph ø(2)(F)¿

(2)(I) shall be exempt from the requirements of subparagraph (A).

(E) USE OF YOUTH CONSERVATION OR SERVICE CORPS.—

A State shall make available not less than 10 percent of the

apportionments of the State to provide grants to, or to enter

into cooperative agreements or contracts with, qualified

youth conservation or service corps to perform recreational

trails program activities.

(4) GRANTS.—

(A) IN GENERAL.—A State may use funds apportioned

to the State to carry out this section to make grants to pri-
276

vate organizations, municipal, county, State, and Federal

Government entities, and other government entities as approved by the State after considering guidance from the

State recreational trail advisory committee established

under subsection (c)(2), for uses consistent with this section.

(B) COMPLIANCE.—A State that makes grants under

subparagraph (A) shall establish measures to verify that

recipients of the grants comply with the conditions of the

program for the use of grant funds.

* * * * * * *

(f) FEDERAL SHARE.— (1) IN GENERAL.—Subject to the other provisions of this

subsection, the Federal share of the cost of a project and the

Federal share of the administrative costs of a State under this

section shall ønot exceed 80 percent¿ be determined in accordance with section 120. (2) FEDERAL AGENCY PROJECT SPONSOR.—Notwithstanding

any other provision of law, a Federal agency that sponsors a

project under this section may contribute additional Federal

funds toward the cost of a project, except that—

(A) the share attributable to the Secretary of Transportation may not exceed ø80 percent of¿ the amount determined in accordance with section 120 for the cost of a

project under this section; and

(B) the share attributable to the Secretary and the

Federal agency sponsoring the project may not exceed 95

percent of the cost of a project under this section.

(3) USE OF FUNDS FROM FEDERAL PROGRAMS TO PROVIDE

NON-FEDERAL SHARE.—Notwithstanding any other provision of

law, the non-Federal share of the cost of the project may include amounts made available by the Federal Government

under any Federal program 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.

(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 to pay 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.

ø(4)¿ (5) PROGRAMMATIC NON-FEDERAL SHARE.—A State

may allow adjustments to the non-Federal share of an individual project for a fiscal year under this section if the Federal

share of the cost of all projects carried out by the State under

the program (excluding projects funded under paragraph (2) or

(3)) using funds apportioned to the State for the fiscal year
277

does not exceed ø80 percent¿ the Federal share as determined

in accordance with section 120.

ø(5) STATE ADMINISTRATIVE COSTS.—The Federal share of

the administrative costs of a State under this subsection shall

be determined in accordance with section 120(b).¿

* * * * * * *

(h) PROJECT ADMINISTRATION.—

(1) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, SERVICES, OR NEW RIGHT-OF-WAY.—

(A) IN GENERAL.—Nothing in this title or other law

shall prevent a project sponsor from offering to donate

funds, materials, services, or a new right-of-way for the

purposes of a project eligible for assistance under this section. Any funds, or the fair market value of any materials,

services, or new right-of-way, may be donated by any

project sponsor and shall be credited to the non-Federal

share in accordance with subsection (f).

(B) FEDERAL PROJECT SPONSORS.—Any funds or the

fair market value of any materials or services may be provided by a Federal project sponsor and shall be credited to

the Federal agency’s share in accordance with subsection

(f).

(C) PLANNING AND ENVIRONMENTAL ASSESSMENT COSTS

INCURRED PRIOR TO PROJECT APPROVAL.—A project funded

under any of subparagraphs (A) through (H) of subsection

(d)(2) may permit preapproval planning and environmental

compliance costs incurred not more than 18 months before

project approval to be credited toward the non-Federal

share in accordance with subsection (f).

ø(2) RECREATIONAL PURPOSE.—A project funded under this

section is intended to enhance recreational opportunity and is

not subject to section 138 of this title or section 303 of title

49.¿

(2) WAIVER OF HIGHWAY PROGRAM REQUIREMENTS.—A

project funded under this section—

(A) is intended to enhance recreational opportunity;

(B) is not considered to be a highway project; and

(C) is not subject to—

(i) section 112, 114, 116, 134, 135, 138, 217, or 301

of this title; or

(ii) section 303 of title 49.

(3) CONTINUING RECREATIONAL USE.—At the option of each

State, funds apportioned to the State to carry out this section

may be treated as Land and Water Conservation Fund apportionments for the purposes of section 6(f)(3) of the Land and

Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).

(4) COOPERATION BY PRIVATE PERSONS.—

(A) WRITTEN ASSURANCES.—As a condition of making

available apportionments for work on recreational trails

that would affect privately owned land, a State shall obtain written assurances that the owner of the land will cooperate with the State and participate as necessary in the

activities to be conducted.
278

(B) PUBLIC ACCESS.—Any use of the apportionments to

a State to carry out this section on privately owned land

must be accompanied by an easement or other legally

binding agreement that ensures public access to the recreational trail improvements funded by the apportionments.

* * * * * * *

ø§ 215. Territorial highway program

ø(a) Recognizing the mutual benefits that will accrue to the

Virgin Islands, Guam, American Samoa, and the Commonwealth of

the Northern Mariana Islands, and to the United States from the

improvement of highways in such territories of the United States,

the Secretary is authorized to assist each such territorial government in a program for the construction and improvement of a system of arterial highways, and necessary interisland connectors designated by the Governor of such territory and approved by the Secretary. Federal financial assistance shall be granted under this

subsection to such territories upon the basis of a Federal contribution of 100 per centum of the cost of any project.

ø(b) In order to establish a long-range highway development

program, the Secretary is authorized to provide technical assistance for the establishment of an appropriate agency to administer

on a continuing basis highway planning, design, construction and

maintenance operations, the development of a system of arterial

and collector highways, including necessary interisland connectors,

and the establishment of advance acquisition of right-of-way and

relocation assistance programs.

ø(c) No part of the appropriations authorized under this section

shall be available for obligation or expenditure with respect to any

territory until the Governor enters into an agreement with the Secretary providing that the government of such territory (1) will design and construct a system of arterial and collector highways, including necessary interisland connectors, built in accordance with

standards approved by the Secretary; (2) will not impose any toll,

or permit any such toll to be charged, for use by vehicles or persons

of any portion of the facilities constructed or operated under the

provisions of this section; (3) will provide for the maintenance of

such facilities in a condition to adequately serve the needs of

present and future traffic; (4) will implement standards for traffic

operations and uniform traffic control devices which are approved

by the Secretary.

ø(d)(1) Three per centum of the sums authorized to be appropriated for each fiscal year for carrying out subsection (a) of this

section shall be available for expenditure only for engineering and

economic surveys and investigations, for the planning of future

highway programs and the financing thereof, for studies of the

economy, safety, and convenience of highway usage and the desirable regulation and equitable taxation thereof, and for research

and development, necessary in connection with the planning, design, and maintenance of the highway system, and the regulation

and taxation of their use.
279

ø(2) In addition to the percentage provided in paragraph (1) of

the subsection, not to exceed 2 per centum of sums authorized to

be appropriated for each fiscal year for carrying out subsection (a)

of this section may be expended upon request of the Governor and

with the approval of the Secretary for the purposes enumerated in

paragraph (1) of this subsection.

ø(e) None of the funds authorized to be appropriated for carrying out this section shall be obligated or expended for maintenance of the highway system.

ø(f) The provisions of chapter 1 of this title that are applicable

to Federal-aid primary highway funds, other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to

the funds authorized to be appropriated to carry out this section,

except as determined by the Secretary to be inconsistent with this

section.¿

§ 215. Territorial highway program

(a) DEFINITIONS.—In this section:

(1) PROGRAM.—The term ‘program’ means the territorial

highway program established under subsection (b).

(2) TERRITORY.—The term ‘territory’ means the 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 territorial government 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 Secretary shall provide Federal

financial assistance to territories under this section 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.
280

(2) FORM AND TERMS OF ASSISTANCE.—Technical assistance

provided under paragraph (1), and the terms for the sharing 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 specific sections of chapter 1 that are applicable to each territory, and the extent of the

applicability of those section, shall be identified in the agreement required by subsection (e).

(e) AGREEMENT.— (1) IN GENERAL.—Except as provided in paragraph (3),

none of the funds made available for the program shall be

available for obligation or expenditure with respect to any territory until the Governor or chief executive officer of the territory

enters into a new agreement with the Secretary (which new

agreement shall be entered into not later than 1 year after the

date of enactment of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005), 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 new 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 new 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

between the Secretary and the Governor or chief executive officer

of a territory that is in effect as of the date of enactment of the

Safe, Accountable, Flexible, and Efficient Transportation Equity

Act of 2005—
281

(A) the agreement shall continue in force until replaced

by a new agreement in accordance with paragraph (1); and

(B) amounts made available for the program under the

agreement shall be available for obligation or expenditure

so long as the agreement, or a new agreement 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.

(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.

* * * * * * *

§ 217. Bicycle transportation and pedestrian walkways

(a) USE OF STP AND CONGESTION MITIGATION PROGRAM

FUNDS.—Subject to project approval by the Secretary, a State may

obligate funds apportioned to it under sections 104(b)(2) and

104(b)(3) of this title for construction of pedestrian walkways and

bicycle transportation facilities and for carrying out nonconstruction projects related to safe pedestrian and bicycle use.

(b) USE OF NATIONAL HIGHWAY SYSTEM FUNDS.—Subject to

project approval by the Secretary, a State may obligate funds apportioned to it under section 104(b)(1) of this title for construction

of pedestrian walkways and bicycle transportation facilities on land

adjacent to any highway on the National Highway System.

(c) USE OF FEDERAL LANDS HIGHWAY FUNDS.—Funds authorized for forest highways, forest development roads and trails, public

lands development roads and trails, park roads, parkways, Indian

reservation roads, refuge roads, and public lands highways shall be

available, at the discretion of the department charged with the administration of such funds, for the construction of pedestrian walk-
282

ways and bicycle transportation facilities in conjunction with such

trails, roads, highways, and parkways.

(d) STATE BICYCLE AND PEDESTRIAN COORDINATORS.—Each

State receiving an apportionment under sections 104(b)(2) and

104(b)(3) of this title shall use such amount of the apportionment

as may be necessary to fund in the State department of transportation a position of bicycle and pedestrian coordinator for promoting and facilitating the increased use of nonmotorized modes of

transportation, including developing facilities for the use of pedestrians and bicyclists and public education, promotional, and safety

programs for using such facilities.

(e) BRIDGES.—In any case where a highway bridge deck being

replaced or rehabilitated with Federal financial participation is located on a highway on which øbicycles¿ pedestrians or bicyclists

are permitted to operate at each end of such bridge, and the Secretary determines that the safe accommodation of øbicycles¿ pedestrians or bicyclists can be provided at reasonable cost as part of

such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe accommodations.

ø(f) FEDERAL SHARE.—For all purposes of this title, construction of a pedestrian walkway and a bicycle transportation facility

shall be deemed to be a highway project and the Federal share payable on account of such construction shall be determined in accordance with section 120(b).¿

(f) FEDERAL SHARE.—The Federal share of the construction of

bicycle transportation facilities and pedestrian walkways, and for

carrying out nonconstruction projects relating to safe pedestrian and

bicycle use, shall be determined in accordance with section 120(b).

(g) PLANNING AND DESIGN.— (1) IN GENERAL.—Bicyclists and pedestrians shall be given

due consideration in the comprehensive transportation plans

developed by each metropolitan planning organization and

State in accordance with sections 134 and 135, respectively. Bicycle transportation facilities and pedestrian walkways shall be

considered, where appropriate, in conjunction with all new construction and reconstruction of transportation facilities, except

where bicycle and pedestrian use are not permitted.

(2) SAFETY CONSIDERATIONS.—Transportation plans and

projects shall provide due consideration for safety and contiguous routes for bicyclists and pedestrians. Safety considerations shall include the installation, where appropriate, and

maintenance of audible traffic signals and audible signs at

street crossings.

(h) USE OF MOTORIZED VEHICLES.—Motorized vehicles may not

be permitted on trails and pedestrian walkways under this section,

except for—

(1) maintenance purposes;

(2) when snow conditions and State or local regulations

permit, snowmobiles;

(3) motorized wheelchairs;

(4) when State or local regulations permit, electric bicycles;

and

(5) such other circumstances as the Secretary deems appropriate.
283

(i) TRANSPORTATION PURPOSE.—No bicycle project may be carried out under this section unless the Secretary has determined

that such bicycle project will be principally for transportation, rather than recreation, purposes.

(j) BICYCLE AND PEDESTRIAN SAFETY GRANTS.— (1) IN GENERAL.—The Secretary shall select and make

grants to a national, nonprofit organization engaged in promoting bicycle and pedestrian safety—

(A) to operate a national bicycle and pedestrian clearinghouse;

(B) to develop information and educational programs

regarding walking and bicycling; and

(C) to disseminate techniques and strategies for improving bicycle and pedestrian safety.

(2) FUNDING.—The Secretary may use funds set aside

under section 104(n) to carry out this subsection.

(3) APPLICABILITY OF TITLE 23.—Funds authorized to be appropriated to carry out this subsection shall be available for obligation in the same manner as if the funds were apportioned

under section 104, except that the funds shall remain available

until expended.

ø(j)¿ (k) DEFINITIONS.—In this section, the following definitions

apply:

(1) BICYCLE TRANSPORTATION FACILITY.—The term ‘‘bicycle

transportation facility’’ means a new or improved lane, path, or

shoulder for use by bicyclists and a traffic control device, shelter, or parking facility for bicycles.

(2) ELECTRIC BICYCLE.—The term ‘‘electric bicycle’’ means

any bicycle or tricycle with a low-powered electric motor weighing under 100 pounds, with a top motor-powered speed not in

excess of 20 miles per hour.

(3) PEDESTRIAN.—The term ‘‘pedestrian’’ means any person

traveling by foot and any mobility-impaired person using a

wheelchair.

(4) SHARED USE PATH.—The term ‘shared use path’ means

a multiuse trail or other path that is—

(A) physically separated from motorized vehicular traffic by an open space or barrier, either within a highway

right-of-way or within an independent right-of-way; and

(B) usable for transportation purposes (including by pedestrians, bicyclists, skaters, equestrians, and other nonmotorized users).

ø(4)¿ (5) WHEELCHAIR.—The term ‘‘wheelchair’’ means a

mobility aid, usable indoors, and designed for and used by individuals with mobility impairments, whether operated manually

or motorized.

* * * * * * *

CHAPTER 3—GENERAL PROVISIONS

Sec.

301. Freedom from tolls

302. State transportation department

303. Management systems

304. Participation by small business enterprises

305. Archeological and paleontological salvage
284

306. Mapping

308. Cooperation with Federal and State agencies and foreign countries

309. Cooperation with other American Republics

310. Civil Defens

311. Highway improvements strategically important to the national defense

312. Detail of Army, Navy, and Air Force officers

313. Buy America.

314. Relief of employees in hazardous work

315. Rules, regulations, and recommendations

316. Consent by United States to conveyance of property

317. Appropriation for highway purposes of lands or interests in lands owned by

the United States

318. Highway relocation due to airport

319. Landscaping and scenic enhancement

320. Bridges on Federal dams

321. Signs identifying funding sources.

322. Magnetic levitation transportation technology deployment program

323. Donations and credits

324. Prohibition of discrimination on the basis of sex

325. Freight transportation gateways.

326. Transportation project development process.

327. Assumption of responsibility for categorical exclusions.

328. Surface transportation project delivery pilot program.

[Note: Section 165 of the Highway Improvement Act of 1982(23

U.S.C. 101 note; 96 State. 2136) is transferred to title 23 U.S.C.

and redesignated as section 313.]

øSEC. ø165¿ 313.¿

§ 313. Buy America.

(a) Notwithstanding any other provision of law, the Secretary

of Transportation shall not obligate any funds authorized to be appropriated øby this Act or by any Act amended by this Act or, after

the date of enactment of this Act, any funds authorized to be appropriated to carry out this Act, title 23, United States Code, the

Urban Mass Transportation Act of 1964, or the Surface Transportation Assistance Act of 1978¿ to carry out the Surface Transportation Assistance Act of 1982 996 Stat. 2097) or this title and administered by the Department of Transportation, unless steel, cement, and manufactured products used in such project are produced in the United States.

(b) The provisions of subsection (a) of this section shall not

apply where the Secretary finds—

(1) that their application would be inconsistent with the

public interest;

(2) that such materials and products are not produced in

the United States in sufficient and reasonably available quantities and of a satisfactory quality;

ø(4)¿ (3) that inclusion of domestic material will increase

the cost of the overall project contract by more than 10 per centum in the case of projects for the acquisition of rolling stock,

and 25 per centum in the case of all other projects.

(c) For purposes of this section, in calculating components’

costs, labor costs involved in final assembly shall not be included

in the calculation.

(d) The Secretary of Transportation shall not impose any limitation or condition on assistance provided under øthis Act, the

Urban Mass Transportation Act of 1964, the Surface Transportation Assistance Act of 1978, or title 23, United States Code,

which¿ the Surface Transportation Assistance Act of 1982 (96 Stat.
285

2097) or this title restricts any State from imposing more stringent

requirements than this section on the use of articles, materials,

and supplies mined, produced, or manufactured in foreign countries

in projects carried out with such assistance or restricts any recipient of such assistance from complying with such State imposed requirements.

ø(e) Report on waivers. By January 1, 1995, the Secretary shall

submit to Congress a report on the purchases from foreign entities

waived under subsection (b) in fiscal years 1992 and 1993, indicating the dollar value of items for which waivers were granted

under subsection (b).¿

ø(f)¿ (e) Intentional violations. If it has been determined by a

court or Federal agency that any person intentionally—

(1) affixed a label bearing a ‘Made in America’ inscription,

or any inscription with the same meaning, to any product used

in projects to which this section applies, sold in or shipped to

the United States that was not made in the United States; or

(2) represented that any product used in projects to which

this section applies, sold in or shipped to the United States

that was not produced in the United States, was produced in

the United States;

that person shall be ineligible to receive any contract or subcontract made with funds authorized under the Intermodal Surface

Transportation Efficiency Act of 1991 pursuant to the debarment,

suspension, and ineligibility procedures in subpart 9.4 of chapter 1

of title 48, Code of Federal Regulations.

ø(g)¿ (f) Limitation on applicability of waivers to products produced in certain foreign countries. If the Secretary, in consultation

with the United States Trade Representative, determines that—

(1) a foreign country is a party to an agreement with the

United States and pursuant to that agreement the head of an

agency of the United States has waived the requirements of

this section, and

(2) the foreign country has violated the terms of the agreement by discriminating against products covered by this section that are produced in the United States and are covered by

the agreement,

the provisions of subsection (b) shall not apply to products produced in that foreign country.

* * * * * * *

[Note: Section 154 of the Federal-Aid Highway Act of 1987 (23

U.S.C. 101 note; 101 Sat. 209) is transferred to title 23 U.S.C. and

redesignated as section 321.] )

øSEC. 154. SIGNS IDENTIFYING FUNDING SOURCES.¿

§ 321. Signs identifying funding sources

If a State has a practice of erecting on projects under actual

construction without Federal-aid highway assistance signs which

indicate the source or sources of any funds used to carry out such

projects, such State shall erect on all projects under actual construction with any funds made available out of the Highway Trust

Fund (other than the Mass Transit Account) signs which are visible

to highway users and which indicate each governmental source of
286

funds being used to carry out such federally assisted projects and

the amount of funds being made available by each such source.

§ 322. Magnetic levitation transportation technology deployment program

(a) DEFINITIONS.—In this section, the following definitions

apply:

(1) ELIGIBLE PROJECT COSTS.—The term ‘‘eligible project

costs’’—

(A) means the capital cost of the fixed guideway infrastructure of a MAGLEV project, including land, piers,

guideways, propulsion equipment and other components

attached to guideways, power distribution facilities (including substations), control and communications facilities, access roads, and storage, repair, and maintenance facilities,

but not including costs incurred for a new station; and

(B) includes the costs of preconstruction planning activities.

(2) FULL PROJECT COSTS.—The term ‘‘full project costs’’

means the total capital costs of a MAGLEV project, including

eligible project costs and the costs of stations, vehicles, and

equipment.

(3) MAGLEV.—The term ‘‘MAGLEV’’ means transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles

per hour.

(4) PARTNERSHIP POTENTIAL.—The term ‘‘partnership potential’’ has the meaning given the term in the commercial feasibility study of high-speed ground transportation conducted

under section 1036 of the Intermodal Surface Transportation

Efficiency Act of 1991 (105 Stat. 1978).

(b) FINANCIAL ASSISTANCE.— (1) IN GENERAL.—The Secretary shall make available financial assistance to pay the Federal share of full project costs

of eligible projects selected under this section. Financial assistance made available under this section and projects assisted

with the assistance shall be subject to section 5333(a) of title

49, United States Code.

(2) FEDERAL SHARE.—The Federal share of full project

costs under paragraph (1) shall be not more than 2/3.

(3) USE OF ASSISTANCE.—Financial assistance provided

under paragraph (1) shall be used only to pay eligible project

costs of projects selected under this section.

(c) SOLICITATION OF APPLICATIONS FOR ASSISTANCE.—øNot

later than¿

(1) INITIAL SOLICITATION.—Not later than 180 days after

the date of enactment of this subsection, the Secretary shall solicit applications from States, or authorities designated by 1 or

more States, for financial assistance authorized by subsection

(b) for planning, design, and construction of eligible MAGLEV

projects.

(2) ADDITIONAL SOLICITATION.—Not later than 1 year after

the date of enactment of this paragraph, the Secretary may solicit additional applications from States, or authorities des-
287

ignated by 1 or more States, for financial assistance authorized

by subsection (b) for planning, design, and construction of eligible MAGLEV projects.

(d) PROJECT ELIGIBILITY.—To be eligible to receive financial assistance under subsection (b), a project shall—

(1) involve a segment or segments of a high-speed ground

transportation corridor that exhibit partnership potential;

(2) require an amount of Federal funds for project financing that will not exceed the sum of—

(A) the amounts made available under subsection

(h)(1); and

(B) the amounts made available by States under subsection (h)(3);

(3) result in an operating transportation facility that provides a revenue producing service;

(4) be undertaken through a public and private partnership, with at least 1/3 of full project costs paid using non-Federal funds;

(5) satisfy applicable statewide and metropolitan planning

requirements;

(6) be approved by the Secretary based on an application

submitted to the Secretary by a State or authority designated

by 1 or more States;

(7) to the extent that non-United States MAGLEV technology is used within the United States, be carried out as a

technology transfer project; and

(8) be carried out using materials at least 70 percent of

which are manufactured in the United States.

(e) PROJECT SELECTION CRITERIA.—øPrior to soliciting applications, the Secretary¿ The Secretary shall establish criteria for selecting which eligible projects under subsection (d) will receive financial assistance under subsection (b). The criteria shall include

the extent to which—

(1) a project is nationally significant, including the extent

to which the project will demonstrate the feasibility of deployment of MAGLEV technology throughout the United States;

(2) timely implementation of the project will reduce congestion in other modes of transportation and reduce the need

for additional highway or airport construction;

(3) States, regions, and localities financially contribute to

the project;

(4) implementation of the project will create new jobs in

traditional and emerging industries;

(5) the project will augment MAGLEV networks identified

as having partnership potential;

(6) financial assistance would foster public and private

partnerships for infrastructure development and attract private debt or equity investment;

(7) financial assistance would foster the timely implementation of a project; and

(8) life-cycle costs in design and engineering are considered

and enhanced.

(f) PROJECT SELECTION.—
288

(1) PRECONSTRUCTION PLANNING ACTIVITIES.—Not later

than 90 days after a deadline established by the Secretary for

the receipt of applications, the Secretary shall evaluate the eligible projects in accordance with the selection criteria and select 1 or more eligible projects to receive financial assistance

for preconstruction planning activities, including—

(A) preparation of such feasibility studies, major investment studies, and environmental impact statements

and assessments as are required under State law;

(B) pricing of the final design, engineering, and construction activities proposed to be assisted under paragraph (2); and

(C) such other activities as are necessary to provide

the Secretary with sufficient information to evaluate

whether a project should receive financial assistance for

final design, engineering, and construction activities under

paragraph (2).

(2) FINAL DESIGN, ENGINEERING, AND CONSTRUCTION AC- TIVITIES.—After completion of preconstruction planning activities for all projects assisted under paragraph (1), the Secretary

shall select 1 of the projects to receive financial assistance for

final design, engineering, and construction activities.

(g) JOINT VENTURES.—A project undertaken by a joint venture

of United States and non-United States persons (including a project

involving the deployment of non-United States MAGLEV technology in the United States) shall be eligible for financial assistance under this section if the project is eligible under subsection

(d) and selected under subsection (f).

(h) FUNDING.— (1) IN GENERAL.— (A) CONTRACT AUTHORITY; AUTHORIZATION OF APPRO- PRIATIONS.—

ø(i) IN GENERAL.—There is authorized to be appropriated from the Highway Trust Fund (other than the

Mass Transit Account) to carry out this section

$15,000,000 for fiscal year 1999, $20,000,000 for fiscal

year 2000, and $25,000,000 for fiscal year 2001.¿

(i) IN GENERAL.—There is authorized to be appropriated from the Highway Trust Fund (other than the

Mass Transit Account) to carry out this section

$13,396,226 for each of fiscal years 2005 through 2009.

(ii) CONTRACT AUTHORITY.—Funds authorized by

this subparagraph shall be available for obligation in

the same manner as if the funds were apportioned

under chapter 1, except that—

(I) the Federal share of the cost of a project

carried out under this section shall be determined

in accordance with subsection (b); and

(II) the availability of the funds shall be determined in accordance with paragraph (2).

(B) NONCONTRACT AUTHORITY AUTHORIZATION OF AP- PROPRIATIONS.—

ø(i) IN GENERAL.—There are authorized to be appropriated from the Highway Trust Fund (other than
289

the Mass Transit Account) to carry out this section

(other than subsection (i)) $200,000,000 for each of fiscal years 2000 and 2001, $250,000,000 for fiscal year

2002, and $300,000,000 for fiscal year 2003.¿

(i) IN GENERAL.—There are authorized to be appropriated from the Highway Trust Fund (other than the

Mass Transit Account) to carry out this section—

(I) $357,232,704 for fiscal year 2005;

(II) $370,628,931 for fiscal year 2006;

(III) $379,559,748 for fiscal year 2007;

(IV) $388,490,566 for fiscal year 2008; and

(V) $401,886,792 for fiscal year 2009.

(ii) AVAILABILITY.—Notwithstanding section

118(a), funds made available under clause (i) shall not

be available in advance of an annual appropriation.

(2) AVAILABILITY OF FUNDS.—Funds made available under

paragraph (1) shall remain available until expended.

(3) OTHER FEDERAL FUNDS.—Notwithstanding any other

provision of law, funds made available to a State to carry out

the surface transportation program under section 133 and the

congestion mitigation and air quality improvement program

under section 149 may be used by the State to pay a portion

of the full project costs of an eligible project selected under this

section, without requirement for non-Federal funds.

(4) OTHER ASSISTANCE.—Notwithstanding any other provision of law, an eligible project selected under this section shall

be eligible for other forms of financial assistance provided

under this title and the Transportation Equity Act for the 21st

Century, including loans, loan guarantees, and lines of credit.

ø(i) LOW-SPEED PROJECT.—

ø(1) IN GENERAL.—Notwithstanding any other provision of

this section, of the funds made available by subsection (h)(1)(A)

to carry out this section, $5,000,000 shall be made available to

the Secretary to make grants for the research and development

of low-speed superconductivity magnetic levitation technology

for public transportation purposes in urban areas to demonstrate energy efficiency, congestion mitigation, and safety

benefits.

ø(2) NONCONTRACT AUTHORITY AUTHORIZATION OF APPROPRIATIONS.—

ø(A) IN GENERAL.—There are authorized to be appropriated from the Highway Trust Fund (other than the

Mass Transit Account) to carry out this subsection such

sums as are necessary for each of fiscal years 2000

through 2003.

ø(B) AVAILABILITY.—Notwithstanding section 118(a),

funds made available under subparagraph (A)—

ø(i) shall not be available in advance of an annual

appropriation; and

ø(ii) shall remain available until expended.¿
290

§ 323. Donations and credits

(a) * * *

* * * * * * *

(c) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, OR SERVICES.—Nothing in this title or any other law shall prevent a person

from offering to donate funds, materials, or services, or a local government from offering to donate funds, materials, or services performed by local government employees, in connection with a project

eligible for assistance under this title. In the case of such a project

with respect to which the Federal Government and the State share

in paying the cost, any donated funds, or the fair market value of

any donated materials or services, that are accepted and incorporated into the project by the State transportation department

shall be credited against the State share.

(d) PROCEDURES.—A gift or donation in accordance with subsection (a) may be made at any time during the development of a

project. Any document executed as part of such donation prior to

the approval of an environmental document prepared pursuant to

the National Environmental Policy Act of 1969 shall clearly indicate that—

(1) all alternatives to a proposed alignment will be studied

and considered pursuant to such Act;

(2) acquisition of property under this section shall not influence the environmental assessment of a project including

the decision relative to the need to construct the project or the

selection of a specific location; and

(3) any property acquired by gift or donation shall be revested in the grantor or successors in interest if such property

is not required for the alignment chosen after public hearings,

if required, and completion of the environmental document.

ø(e) CREDITING OF CONTRIBUTIONS BY UNITS OF LOCAL GOVERNMENT TOWARD THE STATE SHARE.—A contribution by a unit of

local government of real property, funds, or material in connection

with a project eligible for assistance under this title shall be credited against the State share of the project at the fair market value

of the real property, funds, or material.¿

* * * * * * *

§ 325. Freight transportation gateways

(a) IN GENERAL.—

(1) ESTABLISHMENT.—The Secretary shall establish a

freight transportation gateways program to improve productivity, security, and safety of freight transportation gateways,

while mitigating congestion and community impacts in the area

of the gateways.

(2) PURPOSES.—The purposes of the freight transportation

gateways program shall be—

(A) to facilitate and support multimodal freight transportation initiatives at the State and local levels in order

to improve freight transportation gateways and mitigate the

impact of congestion on the environment in the area of the

gateways;
291

(B) to provide capital funding to address infrastructure

and freight operational needs at freight transportation

gateways;

(C) to encourage adoption of new financing strategies

to leverage State, local, and private investment in freight

transportation gateways;

(D) to facilitate access to intermodal freight transfer facilities; and

(E) to increase economic efficiency by facilitating the

movement of goods.

(b) STATE RESPONSIBILITIES.— (1) PROJECT DEVELOPMENT PROCESS.—Each State, in coordination with metropolitan planning organizations, shall ensure that intermodal freight transportation, trade facilitation,

and economic development needs are adequately considered and

fully integrated into the project development process, including

transportation planning through final design and construction

of freight-related transportation projects.

(2) FREIGHT TRANSPORTATION COORDINATOR.— (A) IN GENERAL.—Each State shall designate a freight

transportation coordinator.

(B) DUTIES.—The coordinator shall—

(i) foster public and private sector collaboration

needed to implement complex solutions to freight transportation and freight transportation gateway problems,

including—

(I) coordination of metropolitan and statewide

transportation activities with trade and economic

interests;

(II) coordination with other States, agencies,

and organizations to find regional solutions to

freight transportation problems; and

(III) coordination with local officials of the Department of Defense and the Department of Homeland Security, and with other organizations, to develop regional solutions to military and homeland

security transportation needs; and

(ii) promote programs that build professional capacity to better plan, coordinate, integrate, and understand freight transportation needs for the State.

(c) INNOVATIVE FINANCE STRATEGIES.—

(1) IN GENERAL.—States and localities are encouraged to

adopt innovative financing strategies for freight transportation

gateway improvements, including—

(A) new user fees;

(B) modifications to existing user fees, including trade

facilitation charges;

(C) revenue options that incorporate private sector investment; and

(D) a blending of Federal-aid and innovative finance

programs.

(2) TECHNICAL ASSISTANCE.—The Secretary shall provide

technical assistance to States and localities with respect to the

strategies.
292

(d) INTERMODAL FREIGHT TRANSPORTATION PROJECTS.—

(1) USE OF SURFACE TRANSPORTATION PROGRAM FUNDS.—A

State may obligate funds apportioned to the State under section

104(b)(3) for publicly-owned intermodal freight transportation

projects that provide community and highway benefits by addressing economic, congestion, system reliability, security, safety, or environmental issues associated with freight transportation gateways.

(2) ELIGIBLE PROJECTS.—A project eligible for funding

under this section—

(A) may include publicly-owned intermodal freight

transfer facilities, access to the facilities, and operational

improvements for the facilities (including capital investment for intelligent transportation systems), except that

projects located within the boundaries of port terminals

shall only include the surface transportation infrastructure

modifications necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port; and

(B) may involve the combining of private and public

funds.

§ 326. Transportation project development process

(a) DEFINITIONS.—In this section:

(1) AGENCY.—The term ‘agency’ means any agency, department, or other unit of Federal, State, local, or federally recognized tribal government.

(2) ENVIRONMENTAL IMPACT STATEMENT.—The term ‘environmental impact statement’ means a detailed statement of the

environmental impacts of a project required to be prepared

under the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.).

(3) ENVIRONMENTAL REVIEW PROCESS.—

(A) IN GENERAL.—The term ‘environmental review process’ means the process for preparing, for a project—

(i) an environmental impact statement; or

(ii) any other document or analysis required to be

prepared under the National Environmental Policy Act

of 1969 (42 U.S.C. 4321 et seq.)

(B) INCLUSIONS.—The term ‘environmental review process’ includes the process for and completion of any environmental permit, approval, review, or study required for a

project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(4) PROJECT.—The term ‘project’ means any highway or

transit project that requires the approval of the Secretary.

(5) PROJECT SPONSOR.—The term ‘project sponsor’ means

an agency or other entity (including any private or public-private entity), that seeks approval of the Secretary for a project.

(6) STATE TRANSPORTATION DEPARTMENT.—The term ‘State

transportation department’ means any statewide agency of a

State with responsibility for transportation.

(b) PROCESS.—

(1) LEAD AGENCY.—
293

(A) IN GENERAL.—The Department of Transportation

shall be the lead Federal agency in the environmental review process for a project.

(B) JOINT LEAD AGENCIES.—Nothing in this section

precludes another agency from being a joint lead agency in

accordance with regulations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(C) CONCURRENCE OF PROJECT SPONSOR.—The lead

agency may carry out the environmental review process in

accordance with this section only with the concurrence of

the project sponsor.

(2) REQUEST FOR PROCESS.— (A) IN GENERAL.—A project sponsor may request that

the lead agency carry out the environmental review process

for a project or group of projects in accordance with this

section.

(B) GRANT OF REQUEST; PUBLIC NOTICE.—The lead

agency shall—

(i) grant a request under subparagraph (A); and

(ii) provide public notice of the request.

(3) EFFECTIVE DATE.—The environmental review process described in this section may be applied to a project only after the

date on which public notice is provided under subparagraph

(B)(ii).

(c) ROLES AND RESPONSIBILITY OF LEAD AGENCY.—With respect

to the environmental review process for any project, the lead agency

shall have authority and responsibility to—

(A) identify and invite cooperating agencies in accordance with subsection (d);

(B) develop an agency coordination plan with review,

schedule, and timelines in accordance with subsection (e);

(C) determine the purpose and need for the project in

accordance with subsection (f);

(D) determine the range of alternatives to be considered

in accordance with subsection (g);

(E) convene dispute-avoidance and decision resolution

meetings and related efforts in accordance with subsection

(h);

(F) take such other actions as are necessary and proper, within the authority of the lead agency, to facilitate the

expeditious resolution of the environmental review process

for the project; and

(G) prepare or ensure that any required environmental

impact statement or other document required to be completed under the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.) is completed in accordance

with this section and applicable Federal law.

(d) ROLES AND RESPONSIBILITIES OF COOPERATING AGENCIES.— (1) IN GENERAL.—With respect to a project, each Federal

agency shall carry out any obligations of the Federal agency in

the environmental review process in accordance with this section and applicable Federal law.

(2) INVITATION.—

(A) IN GENERAL.—The lead agency shall—
294

(i) identify, as early as practicable in the environmental review process for a project, any other agencies

that may have an interest in the project, including—

(I) agencies with jurisdiction over environmentally-related matters that may affect the

project or may be required by law to conduct an

environmental-related independent review or analysis of the project or determine whether to issue an

environmental-related permit, license, or approval

for the project; and

(II) agencies with special expertise relevant to

the project;

(ii) invite the agencies identified in clause (i) to become participating agencies in the environmental review process for that project; and

(iii) grant requests to become cooperating agencies

from agencies not originally invited.

(B) RESPONSES.—The deadline for receipt of a response

from an agency that receives an invitation under subparagraph (A)(ii)—

(i) shall be 30 days after the date of receipt by the

agency of the invitation; but

(ii) may be extended by the lead agency for good

cause.

(3) DECLINING OF INVITATIONS.—A Federal agency that is

invited by the lead agency to participate in the environmental

review process for a project shall be designated as a cooperating

agency by the lead agency, unless the invited agency informs the

lead agency in writing, by the deadline specified in the invitation, that the invited agency—

(A) has no jurisdiction or authority with respect to the

project;

(B) has no expertise or information relevant to the

project; and

(C) does not intend to submit comments on the project.

(4) EFFECT OF DESIGNATION.—Designation as a cooperating

agency under this subsection shall not imply that the cooperating agency—

(A) supports a proposed project; or

(B) has any jurisdiction over, or special expertise with

respect to evaluation of, the project.

(5) DESIGNATIONS FOR CATEGORIES OF PROJECTS.—

(A) IN GENERAL.—The Secretary may invite other agencies to become cooperating agencies for a category of

projects.

(B) DESIGNATION.—An agency may be designated as a

cooperating agency for a category of projects only with the

consent of the agency.

(6) CONCURRENT REVIEWS.—Each Federal agency shall, to

the maximum extent practicable—

(A) carry out obligations of the Federal agency under

other applicable law concurrently, and in conjunction, with

the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so
295

would impair the ability of the Federal agency to carry out

those obligations; and

(B) formulate and implement administrative, policy,

and procedural mechanisms to enable the agency to ensure

completion of the environmental review process in a timely,

coordinated, and environmentally responsible manner.

(e) DEVELOPMENT OF FLEXIBLE PROCESS AND TIMELINE.— (1) COORDINATION PLAN.— (A) IN GENERAL.—The lead agency shall establish a coordination plan, which may be incorporated into a memorandum of understanding, to coordinate agency and public

participation in and comment on the environmental review

process for a project or category of projects.

(B) WORKPLAN.— (i) IN GENERAL.—The lead agency shall develop, as

part of the coordination plan, a workplan for completing the collection, analysis, and evaluation of baseline data and future impacts modeling necessary to

complete the environmental review process, including

any data, analyses, and modeling necessary for related

permits, approvals, reviews, or studies required for the

project under other laws.

(ii) CONSULTATION.—In developing the workplan

under clause (i), the lead agency shall consult with—

(I) each cooperating agency for the project;

(II) the State in which the project is located;

and

(III) if the State is not the project sponsor, the

project sponsor.

(C) SCHEDULE.— (i) IN GENERAL.—The lead agency shall establish

as part of the coordination plan, after consultation

with each cooperating agency for the project and with

the State in which the project is located (and, if the

State is not the project sponsor, with the project sponsor), a schedule for completion of the environmental review process for the project.

(ii) FACTORS FOR CONSIDERATION.—In establishing

the schedule, the lead agency shall consider factors

such as—

(I) the responsibilities of cooperating agencies

under applicable laws;

(II) resources available to the cooperating

agencies;

(III) overall size and complexity of a project;

(IV) the overall schedule for and cost of a

project; and

(V) the sensitivity of the natural and historic

resources that could be affected by the project.

(D) CONSISTENCY WITH OTHER TIME PERIODS.—A

schedule under subparagraph (C) shall be consistent with

any other relevant time periods established under Federal

law.

(E) MODIFICATION.—The lead agency may—
296

(i) lengthen a schedule established under subparagraph (C) for good cause; and

(ii) shorten a schedule only with the concurrence of

the affected cooperating agencies.

(F) DISSEMINATION.—A copy of a schedule under subparagraph (C), and of any modifications to the schedule,

shall be—

(i) provided to all cooperating agencies and to the

State transportation department of the State in which

the project is located (and, if the State is not the project

sponsor, to the project sponsor); and

(ii) made available to the public.

(2) COMMENTS AND TIMELINES.— (A) IN GENERAL.—A schedule established under paragraph (1)(C) shall include—

(i) opportunities for comment, deadline for receipt

of any comments submitted, deadline for lead agency

response to comments; and

(ii) except as otherwise provided under paragraph

(1)—

(I) an opportunity to comment by agencies and

the public on a draft or final environmental impact statement for a period of not more than 60

days longer than the minimum period required

under the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.); and

(II) for all other comment periods established

by the lead agency for agency or public comments

in the environmental review process, a period of

not more than the longer of—

(aa) 30 days after the final day of the

minimum period required under Federal law

(including regulations), if available; or

(bb) if a minimum period is not required

under Federal law (including regulations), 30

days.

(B) EXTENSION OF COMMENT PERIODS.—The lead agency may extend a period of comment established under this

paragraph for good cause.

(C) LATE COMMENTS.—A comment concerning a project

submitted under this paragraph after the date of termination of the applicable comment period or extension of a

comment period shall not be eligible for consideration by

the lead agency unless the lead agency or project sponsor

determines there was good cause for the delay or the lead

agency is required to consider significant new circumstances or information in accordance with sections

1501.7 and 1502.9 of title 40, Code of Federal Regulations.

(D) DEADLINES FOR DECISIONS UNDER OTHER LAWS.— In any case in which a decision under any Federal law relating to a project (including the issuance or denial of a

permit or license) is required to be made by the later of the

date that is 180 days after the date on which the Secretary

made all final decisions of the lead agency with respect to
297

the project, or 180 days after the date on which an application was submitted for the permit or license, the Secretary

shall submit to the Committee on Environment and Public

Works of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives—

(i) as soon as practicable after the 180-day period,

an initial notice of the failure of the Federal agency to

make the decision; and

(ii) every 60 day thereafter until such date as all

decisions of the Federal agency relating to the project

have been made by the Federal agency, an additional

notice that describes the number of decisions of the

Federal agency that remain outstanding as of the date

of the additional notice.

(3) INVOLVEMENT OF THE PUBLIC.—Nothing in this subsection shall reduce any time period provided for public comment in the environmental review process under existing Federal law (including a regulation).

(f) DEVELOPMENT OF PROJECT PURPOSE AND NEED STATE- MENT.— (1) IN GENERAL.—With respect to the environmental review

process for a project, the purpose and need for the project shall

be defined in accordance with this subsection.

(2) AUTHORITY.—The lead agency shall define the purpose

and need for a project, including the transportation objectives

and any other objectives intended to be achieved by the project.

(3) INVOLVEMENT OF COOPERATING AGENCIES AND THE PUB- LIC.—Before determining the purpose and need for a project, the

lead agency shall solicit for 30 days, and consider, any relevant

comments on the draft statement of purpose and need for a proposed project received from the public and cooperating agencies.

(4) EFFECT ON OTHER REVIEWS.—For the purpose of compliance with the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and any other law requiring an agency that

is not the lead agency to determine or consider a project purpose

or project need, such an agency acting, permitting, or approving

under, or otherwise applying, Federal law with respect to a

project shall adopt the determination of purpose and need for

the project made by the lead agency.

(5) SAVINGS.—Nothing in this subsection preempts or interferes with any power, jurisdiction, responsibility, or authority of

an agency under applicable law (including regulations) with respect to a project.

(6) CONTENTS.—

(A) IN GENERAL.—The statement of purpose and need

shall include a clear statement of the objectives that the

proposed project is intended to achieve.

(B) EFFECT ON EXISTING STANDARDS.—Nothing in this

subsection shall alter existing standards for defining the

purpose and need of a project.

(7) FACTORS TO CONSIDER.—The lead agency may determine that any of the following factors and documents are appropriate for consideration in determining the purpose of and

need for a project:
298

(A) Transportation plans and related planning documents developed through the statewide and metropolitan

transportation planning process under sections 134 and

135.

(B) Land use plans adopted by units of State, local, or

tribal government (or, in the case of Federal land, by the

applicable Federal land management agencies).

(C) Economic development plans adopted by—

(i) units of State, local, or tribal government; or

(ii) established economic development planning organizations or authorities.

(D) Environmental protection plans, including plans

for the protection or treatment of—

(i) air quality;

(ii) water quality and runoff;

(iii) habitat needs of plants and animals;

(iv) threatened and endangered species;

(v) invasive species;

(vi) historic properties; and

(vii) other environmental resources.

(E) Any publicly available plans or policies relating to

the national defense, national security, or foreign policy of

the United States.

(g) DEVELOPMENT OF PROJECT ALTERNATIVES.—

(1) IN GENERAL.—With respect to the environmental review

process for a project, the alternatives shall be determined in accordance with this subsection.

(2) AUTHORITY.—The lead agency shall determine the alternatives to be considered for a project.

(3) INVOLVEMENT OF COOPERATING AGENCIES AND THE PUBLIC.—

(A) IN GENERAL.—Before determining the alternatives

for a project, the lead agency shall solicit for 30 days and

consider any relevant comments on the proposed alternatives received from the public and cooperating agencies.

(B) ALTERNATIVES.—The lead agency shall consider—

(i) alternatives that meet the purpose and need of

the project; and

(ii) the alternative of no action.

(C) EFFECT ON EXISTING STANDARDS.—Nothing in this

subsection shall alter the existing standards for determining the range of alternatives.

(4) EFFECT ON OTHER REVIEWS.—Any other agency acting

under or applying Federal law with respect to a project shall

consider only the alternatives determined by the lead agency.

(5) SAVINGS.—Nothing in this subsection preempts or interferes with any power, jurisdiction, responsibility, or authority of

an agency under applicable law (including regulations) with respect to a project.

(6) FACTORS TO CONSIDER.—The lead agency may determine that any of the following factors and documents are appropriate for consideration in determining the alternatives for

a project:
299

(A) The overall size and complexity of the proposed action.

(B) The sensitivity of the potentially affected resources.

(C) The overall schedule and cost of the project.

(D) Transportation plans and related planning documents developed through the statewide and metropolitan

transportation planning process under sections 134 and

135 of title 23 of the United States Code.

(E) Land use plans adopted by units of State, local, or

tribal government (or, in the case of Federal land, by the

applicable Federal land management agencies).

(F) Economic development plans adopted by—

(i) units of State, local, or tribal government; or

(ii) established economic development planning organizations or authorities.

(G) environmental protection plans, including plans for

the protection or treatment of—

(i) air quality;

(ii) water quality and runoff;

(iii) habitat needs of plants and animals;

(iv) threatened and endangered species;

(v) invasive species;

(vi) historic properties; and

(vii) other environmental resources.

(H) Any publicly available plans or policies relating to

the national defense, national security, or foreign policy of

the United States.

(h) PROMPT ISSUE IDENTIFICATION AND RESOLUTION PROCESS.—

(1) IN GENERAL.—The lead agency, the project sponsor, and

the cooperating agencies shall work cooperatively, in accordance

with this section, to identify and resolve issues that could—

(A) delay completion of the environmental review process; or

(B) result in denial of any approvals required for the

project under applicable laws.

(2) LEAD AGENCY RESPONSIBILITIES.—

(A) IN GENERAL.—The lead agency, with the assistance

of the project sponsor, shall make information available to

the cooperating agencies, as early as practicable in the environmental review process, regarding—

(i) the environmental and socioeconomic resources

located within the project area; and

(ii) the general locations of the alternatives under

consideration.

(B) BASIS FOR INFORMATION.—Information about resources in the project area may be based on existing data

sources, including geographic information systems mapping.

(3) COOPERATING AGENCY RESPONSIBILITIES.—

(A) IN GENERAL.—Based on information received from

the lead agency, cooperating agencies shall promptly identify to the lead agency any major issues of concern regard-
300

ing the potential environmental or socioeconomic impacts of

a project.

(B) MAJOR ISSUES OF CONCERN.—A major issue of concern referred to in subparagraph (A) may include any issue

that could substantially delay or prevent an agency from

granting a permit or other approval that is needed for a

project, as determined by a cooperating agency.

(4) ISSUE RESOLUTION.—On identification of a major issue

of concern under paragraph (3), or at any time upon the request

of a project sponsor or the Governor of a State, the lead agency

shall promptly convene a meeting with representatives of each

of the relevant cooperating agencies, the project sponsor, and

the Governor to address and resolve the issue.

(5) NOTIFICATION.—If a resolution of a major issue of concern under paragraph (4) cannot be achieved by the date that

is 30 days after the date on which a meeting under that paragraph is convened, the lead agency shall provide notification of

the failure to resolve the major issue of concern to—

(A) the heads of all cooperating agencies;

(B) the project sponsor;

(C) the Governor involved;

(D) the Committee on Environment and Public Works

of the Senate; and

(E) the Committee on Transportation and Infrastructure of the House of Representatives.

(i) PERFORMANCE MEASUREMENT.— (1) PROGRESS REPORTS.—The Secretary shall establish a

program to measure and report on progress toward improving

and expediting the planning and environmental review process.

(2) MINIMUM REQUIREMENTS.—The program shall include,

at a minimum—

(A) the establishment of criteria for measuring consideration of—

(i) State and metropolitan planning, project planning, and design criteria; and

(ii) environmental processing times and costs;

(B) the collection of data to assess performance based

on the established criteria; and

(C) the annual reporting of the results of the performance measurement studies.

(3) INVOLVEMENT OF THE PUBLIC AND COOPERATING AGENCIES.—

(A) IN GENERAL.—The Secretary shall biennially conduct a survey of agencies participating in the environmental review process under this section to assess the expectations and experiences of each surveyed agency with regard to the planning and environmental review process for

projects reviewed under this section.

(B) PUBLIC PARTICIPATION.—In conducting the survey,

the Secretary shall solicit comments from the public.

(j) ASSISTANCE TO AFFECTED FEDERAL AND STATE AGENCIES.— (1) IN GENERAL.—The Secretary may approve a request by

a State or recipient to provide funds made available under this

title for a highway project, or made available under chapter 53
301

of title 49 for a mass transit project, to agencies participating

in the coordinated environmental review process established

under this section in order to provide the resources necessary to

meet any time limits established under this section.

(2) AMOUNTS.—Such requests under paragraph (1) shall be

approved only—

(A) for such additional amounts as the Secretary determines are necessary for the affected Federal and State

agencies to meet the time limits for environmental review;

and

(B) if those time limits are less than the customary

time necessary for that review.

(k) JUDICIAL REVIEW AND SAVINGS CLAUSE.—

(1) JUDICIAL REVIEW.—Nothing in this section shall affect

the reviewability of any final Federal agency action in any

United States district court or State court.

(2) SAVINGS CLAUSE.—Nothing in this section shall affect—

(A) the applicability of the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other

Federal environmental statute; or

(B) the responsibility of any Federal officer to comply

with or enforce such a statute.

§ 327. Assumption of responsibility for categorical exclusions

(a) CATEGORICAL EXCLUSION DETERMINATIONS.—

(1) IN GENERAL.—The Secretary may assign, and a State

may assume, responsibility for determining whether certain designated activities are included within classes of action identified in regulation by the Secretary that are categorically excluded from requirements for environmental assessments or environmental impact statements pursuant to regulations promulgated by the Council on Environmental Quality under part

1500 of title 40, Code of Federal Regulations (as in effect on October 1, 2003).

(2) SCOPE OF AUTHORITY.—A determination described in

paragraph (1) shall be made by a State in accordance with criteria established by the Secretary and only for types of activities

specifically designated by the Secretary.

(3) CRITERIA.—The criteria under paragraph (2) shall include provisions for public availability of information consistent

with section 552 of title 5 and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(b) OTHER APPLICABLE FEDERAL LAWS.—

(1) IN GENERAL.—If a State assumes responsibility under

subsection (a), the Secretary may also assign and the State may

assume all or part of the responsibilities of the Secretary for environmental review, consultation, or other related actions required under any Federal law applicable to activities that are

classified by the Secretary as categorical exclusions, with the exception of government-to-government consultation with Indian

tribes, subject to the same procedural and substantive requirements as would be required if that responsibility were carried

out by the Secretary.
302

(2) SOLE RESPONSIBILITY.—A State that assumes responsibility under paragraph (1) with respect to a Federal law shall

be solely responsible and solely liable for complying with and

carrying out that law, and the Secretary shall have no such responsibility or liability.

(c) MEMORANDA OF UNDERSTANDING.—

(1) IN GENERAL.—The Secretary and the State, after providing public notice and opportunity for comment, shall enter

into a memorandum of understanding setting forth the responsibilities to be assigned under this section and the terms and

conditions under which the assignments are made, including

establishment of the circumstances under which the Secretary

would reassume responsibility for categorical exclusion determinations.

(2) TERM.—A memorandum of understanding—

(A) shall have term of not more than 3 years; and

(B) shall be renewable.

(3) ACCEPTANCE OF JURISDICTION.—In a memorandum of

understanding, the State shall consent to accept the jurisdiction

of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary that the State assumes.

(4) MONITORING.—The Secretary shall—

(A) monitor compliance by the State with the memorandum of understanding and the provision by the State of

financial resources to carry out the memorandum of understanding; and

(B) take into account the performance by the State

when considering renewal of the memorandum of understanding.

(d) TERMINATION.—The Secretary may terminate any assumption of responsibility under a memorandum of understanding on a

determination that the State is not adequately carrying out the responsibilities assigned to the State.

(e) STATE AGENCY DEEMED TO BE FEDERAL AGENCY.—A State

agency that is assigned a responsibility under a memorandum of

understanding shall be deemed to be a Federal agency for the purposes of the Federal law under which the responsibility is exercised.

§ 328. Surface transportation project delivery pilot program

(a) ESTABLISHMENT.—

(1) IN GENERAL.—The Secretary shall carry out a surface

transportation project delivery pilot program (referred to in this

section as the ‘program’).

(2) ASSUMPTION OF RESPONSIBILITY.—

(A) IN GENERAL.—Subject to the other provisions of this

section, with the written agreement of the Secretary and a

State, which may be in the form of a memorandum of understanding, the Secretary may assign, and the State may

assume, the responsibilities of the Secretary with respect to

1 or more highway projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.).
303

(B) ADDITIONAL RESPONSIBILITY.—If a State assumes

responsibility under subparagraph (A)—

(i) the Secretary may assign to the State, and the

State may assume, all or part of the responsibilities of

the Secretary for environmental review, consultation, or

other action required under any Federal environmental

law pertaining to the review or approval of a specific

project; but

(ii) the Secretary may not assign—

(I) responsibility for any conformity determination required under section 176 of the Clean

Air Act (42 U.S.C. 7506); or

(II) any responsibility imposed on the Secretary by section 134 or 135.

(C) PROCEDURAL AND SUBSTANTIVE REQUIREMENTS.—A

State shall assume responsibility under this section subject

to the same procedural and substantive requirements as

would apply if that responsibility were carried out by the

Secretary.

(D) FEDERAL RESPONSIBILITY.—Any responsibility of

the Secretary not explicitly assumed by the State by written

agreement under this section shall remain the responsibility of the Secretary.

(E) NO EFFECT ON AUTHORITY.—Nothing in this section

preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the Department of Transportation, under applicable law (including

regulations) with respect to a project.

(b) STATE PARTICIPATION.— (1) NUMBER OF PARTICIPATING STATES.—The Secretary may

permit not more than 5 States (including the State of Oklahoma) to participate in the program.

(2) APPLICATION.—Not later than 270 days after the date of

enactment of this section, the Secretary shall promulgate regulations that establish requirements relating to information required to be contained in any application of a State to participate in the program, including, at a minimum—

(A) the projects or classes of projects for which the

State anticipates exercising the authority that may be

granted under the program;

(B) verification of the financial resources necessary to

carry out the authority that may be granted under the program; and

(C) evidence of the notice and solicitation of public

comment by the State relating to participation of the State

in the program, including copies of comments received from

that solicitation.

(3) PUBLIC NOTICE.— (A) IN GENERAL.—Each State that submits an application under this subsection shall give notice of the intent of

the State to participate in the program not later than 30

days before the date of submission of the application.

(B) METHOD OF NOTICE AND SOLICITATION.—The State

shall provide notice and solicit public comment under this
304

paragraph by publishing the complete application of the

State in accordance with the appropriate public notice law

of the State.

(4) SELECTION CRITERIA.—The Secretary may approve the

application of a State under this section only if—

(A) the regulatory requirements under paragraph (2)

have been met;

(B) the Secretary determines that the State has the capability, including financial and personnel, to assume the

responsibility; and

(C) the head of the State agency having primary jurisdiction over highway matters enters into a written agreement with the Secretary described in subsection (c).

(5) OTHER FEDERAL AGENCY VIEWS.—If a State applies to

assume a responsibility of the Secretary that would have required the Secretary to consult with another Federal agency, the

Secretary shall solicit the views of the Federal agency before approving the application.

(c) WRITTEN AGREEMENT.—A written agreement under this section shall—

(1) be executed by the Governor or the top-ranking transportation official in the State who is charged with responsibility

for highway construction;

(2) be in such form as the Secretary may prescribe;

(3) provide that the State—

(A) agrees to assume all or part of the responsibilities

of the Secretary described in subsection (a);

(B) expressly consents, on behalf of the State, to accept

the jurisdiction of the Federal courts for the compliance,

discharge, and enforcement of any responsibility of the Secretary assumed by the State;

(C) certifies that State laws (including regulations) are

in effect that—

(i) authorize the State to take the actions necessary

to carry out the responsibilities being assumed; and

(ii) are comparable to section 552 of title 5, including providing that any decision regarding the public

availability of a document under those State laws is reviewable by a court of competent jurisdiction; and

(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed.

(d) JURISDICTION.—

(1) IN GENERAL.—The United States district courts shall

have exclusive jurisdiction over any civil action against a State

for failure to carry out any responsibility of the State under this

section.

(2) LEGAL STANDARDS AND REQUIREMENTS.—A civil action

under paragraph (1) shall be governed by the legal standards

and requirements that would apply in such a civil action

against the Secretary had the Secretary taken the actions in

question.

(3) INTERVENTION.—The Secretary shall have the right to

intervene in any action described in paragraph (1).
305

(e) EFFECT OF ASSUMPTION OF RESPONSIBILITY.—A State that

assumes responsibility under subsection (a)(2) shall be solely responsible and solely liable for carrying out, in lieu of the Secretary,

the responsibilities assumed under subsection (a)(2), until the program is terminated as provided in subsection (i).

(f) LIMITATIONS ON AGREEMENTS.—Nothing in this section permits a State to assume any rulemaking authority of the Secretary

under any Federal law.

(g) AUDITS.—

(1) IN GENERAL.—To ensure compliance by a State with any

agreement of the State under subsection (c)(1) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State participating in the program under this section, the Secretary shall

conduct—

(A) semiannual audits during each of the first 2 years

of State participation; and

(B) annual audits during each subsequent year of State

participation.

(2) PUBLIC AVAILABILITY AND COMMENT.—

(A) IN GENERAL.—An audit conducted under paragraph (1) shall be provided to the public for comment.

(B) RESPONSE.—Not later than 60 days after the date

on which the period for public comment ends, the Secretary

shall respond to public comments received under subparagraph (A).

(h) REPORT TO CONGRESS.—The Secretary shall submit to Congress an annual report that describes the administration of the program.

(i) TERMINATION.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

program shall terminate on the date that is 6 years after the

date of enactment of this section.

(2) TERMINATION BY SECRETARY.—The Secretary may terminate the participation of any State in the program if—

(A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the

State;

(B) the Secretary provides to the State—

(i) notification of the determination of noncompliance; and

(ii) a period of at least 30 days during which to

take such corrective action as the Secretary determines

is necessary to comply with the applicable agreement;

and

(C) the State, after the notification and period provided

under subparagraph (B), fails to take satisfactory corrective

action, as determined by Secretary.

* * * * * * *
306

§ 409. Discovery and admission as evidence of certain reports and surveys

Notwithstanding any other provision of law, reports, surveys,

schedules, lists, or data compiled or collected for the purpose of

identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railwayhighway crossings, pursuant to sections 130, 144, and ø152¿ 148

of this title or for the purpose of developing any highway safety

construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery

or admitted into evidence in a Federal or State court proceeding or

considered for other purposes in any action for damages arising

from any occurrence at a location mentioned or addressed in such

reports, surveys, schedules, lists, or data.

* * * * * * *

øCHAPTER 5—RESEARCH AND TECHNOLOGY

øSec.

ø501. Definitions

ø502. Surface transportation research

ø503. Technology deployment program.

ø504. Training and education

ø505. State planning and research

ø506. International highway transportation outreach program

ø507. Surface transportation-environment cooperative research program

ø508. Surface transportation research strategic planning

ø§ 501. Definitions

øIn this chapter, the following definitions apply:

ø(1) FEDERAL LABORATORY.—The term ‘‘Federal laboratory’’

includes a Government-owned, Government-operated laboratory and a Government-owned, contractor-operated laboratory.

ø(2) SAFETY.—The term ‘‘safety’’ includes highway and

traffic safety systems, research, and development relating to

vehicle, highway, driver, passenger, bicyclist, and pedestrian

characteristics, accident investigations, communications, emergency medical care, and transportation of the injured.

ø§ 502. Surface transportation research

ø(a) GENERAL AUTHORITY.—

ø(1) Research, development, and technology transfer activities.-The Secretary may carry out research, development, and

technology transfer activities with respect to—

ø(A) motor carrier transportation;

ø(B) all phases of transportation planning and development (including construction, operation, modernization,

development, design, maintenance, safety, financing, and

traffic conditions); and

ø(C) the effect of State laws on the activities described

in subparagraphs (A) and (B).

ø(2) TESTS AND DEVELOPMENT.—The Secretary may test,

develop, or assist in testing and developing any material, invention, patented article, or process.
307

ø(3) COOPERATION, GRANTS, AND CONTRACTS.—The Secretary may carry out this section—

ø(A) independently;

ø(B) in cooperation with other Federal departments,

agencies, and instrumentalities and Federal laboratories;

or

ø(C) by making grants to, or entering into contracts,

cooperative agreements, and other transactions with, the

National Academy of Sciences, the American Association of

State Highway and Transportation Officials, or any Federal laboratory, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or person.

ø(4) TECHNOLOGICAL INNOVATION.—The programs and activities carried out under this section shall be consistent with

the surface transportation research and technology development strategic plan developed under section 508.

ø(5) FUNDS.—

ø(A) SPECIAL ACCOUNT.—In addition to other funds

made available to carry out this section, the Secretary

shall use such funds as may be deposited by any cooperating organization or person in a special account of the

Treasury established for this purpose.

ø(B) USE OF FUNDS.—The Secretary shall use funds

made available to carry out this section to develop, administer, communicate, and promote the use of products of research, development, and technology transfer programs

under this section.

ø(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.—

ø(1) IN GENERAL.—To encourage innovative solutions to

surface transportation problems and stimulate the deployment

of new technology, the Secretary may carry out, on a costshared basis, collaborative research and development with—

ø(A) non-Federal entities, including State and local

governments, foreign governments, colleges and universities, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or

established under the laws of any State; and

ø(B) Federal laboratories.

ø(2) AGREEMENTS.—In carrying out this subsection, the

Secretary may enter into cooperative research and development agreements (as defined in section 12 of the StevensonWydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)).

ø(3) FEDERAL SHARE.—

ø(A) IN GENERAL.—The Federal share of the cost of activities carried out under a cooperative research and development agreement entered into under this subsection shall

not exceed 50 percent, except that if there is substantial

public interest or benefit, the Secretary may approve a

greater Federal share.

ø(B) NON-FEDERAL SHARE.—All costs directly incurred

by the non-Federal partners, including personnel, travel,

and hardware development costs, shall be credited toward
308

the non-Federal share of the cost of the activities described

in subparagraph (A).

ø(4) USE OF TECHNOLOGY.—The research, development, or

use of a technology under a cooperative research and development agreement entered into under this subsection, including

the terms under which the technology may be licensed and the

resulting royalties may be distributed, shall be subject to the

Stevenson-Wydler Technology Innovation Act of 1980 (15

U.S.C. 3701 et seq.).

ø(5) WAIVER OF ADVERTISING REQUIREMENTS.—Section

3709 of the Revised Statutes (41 U.S.C. 5) shall not apply to

a contract or agreement entered into under this chapter.

ø(c) CONTENTS OF RESEARCH PROGRAM.—The Secretary shall

include in surface transportation research, technology development,

and technology transfer programs carried out under this title coordinated activities in the following areas:

ø(1) Development, use, and dissemination of indicators, including appropriate computer programs for collecting and analyzing data on the status of infrastructure facilities, to measure

the performance of the surface transportation systems of the

United States, including productivity, efficiency, energy use,

air quality, congestion, safety, maintenance, and other factors

that reflect system performance.

ø(2) Methods, materials, and testing to improve the durability of surface transportation infrastructure facilities and extend the life of bridge structures, including—

ø(A) new and innovative technologies to reduce corrosion;

ø(B) tests simulating seismic activity, vibration, and

weather; and

ø(C) the use of innovative recycled materials.

ø(3) Technologies and practices that reduce costs and minimize disruptions associated with the construction, rehabilitation, and maintenance of surface transportation systems, including responses to natural disasters.

ø(4) Development of nondestructive evaluation equipment

for use with existing infrastructure facilities and with nextgeneration infrastructure facilities that use advanced materials.

ø(5) Dynamic simulation models of surface transportation

systems for—

ø(A) predicting capacity, safety, and infrastructure durability problems;

ø(B) evaluating planned research projects; and

ø(C) testing the strengths and weaknesses of proposed

revisions to surface transportation operations programs.

ø(6) Economic highway geometrics, structures, and desirable weight and size standards for vehicles using the public

highways and the feasibility of uniformity in State regulations

with respect to such standards.

ø(7) Telecommuting and the linkages between transportation, information technology, and community development

and the impact of technological change and economic restructuring on travel demand.
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ø(8) Expansion of knowledge of implementing life cycle

cost analysis, including—

ø(A) establishing the appropriate analysis period and

discount rates;

ø(B) learning how to value and properly consider use

costs;

ø(C) determining tradeoffs between reconstruction and

rehabilitation; and

ø(D) establishing methodologies for balancing higher

initial costs of new technologies and improved or advanced

materials against lower maintenance costs.

ø(9) Standardized estimates, to be developed in conjunction with the National Institute of Standards and Technology

and other appropriate organizations, of useful life under various conditions for advanced materials of use in surface transportation.

ø(10) Evaluation of traffic calming measures that promote

community preservation, transportation mode choice, and safety.

ø(11) Development and implementation of safety-enhancing equipment, including unobtrusive eyetracking technology.

ø(d) ADVANCED RESEARCH.— ø(1) IN GENERAL.—The Secretary shall establish an advanced research program, consistent with the surface transportation research and technology development strategic plan developed under section 508, that addresses longer-term, higherrisk research that shows potential benefits for improving the

durability, efficiency, environmental impact, productivity, and

safety (including bicycle and pedestrian safety) of highway and

intermodal transportation systems. In carrying out the program, the Secretary shall strive to develop partnerships with

the public and private sectors.

ø(2) RESEARCH AREAS.—In carrying out the program, the

Secretary may make grants and enter into cooperative agreements and contracts in such areas as the Secretary determines

appropriate, including the following:

ø(A) Characterization of materials used in highway infrastructure, including analytical techniques, microstructure modeling, and the deterioration processes.

ø(B) Diagnostics for evaluation of the condition of

bridge and pavement structures to enable the assessment

of risks of failure, including from seismic activity, vibration, and weather.

ø(C) Design and construction details for composite

structures.

ø(D) Safety technology-based problems in the areas of

pedestrian and bicycle safety, roadside hazards, and composite materials for roadside safety hardware.

ø(E) Environmental research, including particulate

matter source apportionment and model development.

ø(F) Data acquisition techniques for system condition

and performance monitoring.

ø(G) Human factors, including prediction of the response of travelers to new technologies.
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ø(e) LONG-TERM PAVEMENT PERFORMANCE PROGRAM.— ø(1) AUTHORITY.—The Secretary shall complete the longterm pavement performance program tests initiated under the

strategic highway research program established under section

307(d) (as in effect on the day before the date of enactment of

this section) and continued by the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.)

through the midpoint of a planned 20-year life of the long-term

pavement performance program.

ø(2) GRANTS, COOPERATIVE AGREEMENTS, AND CON- TRACTS.—Under the program, the Secretary shall make grants

and enter into cooperative agreements and contracts to—

ø(A) monitor, material-test, and evaluate highway test

sections in existence as of the date of the grant, agreement, or contract;

ø(B) analyze the data obtained in carrying out subparagraph (A); and

ø(C) prepare products to fulfill program objectives and

meet future pavement technology needs.

ø(f) SEISMIC RESEARCH PROGRAM.— ø(1) ESTABLISHMENT.—The Secretary shall establish a program to study the vulnerability of the Federal-aid highway system and other surface transportation systems to seismic activity and to develop and implement cost-effective methods to reduce such vulnerability.

ø(2) COOPERATION WITH NATIONAL CENTER FOR EARTH- QUAKE ENGINEERING RESEARCH.—The Secretary shall conduct

the program in cooperation with the National Center for

Earthquake Engineering Research at the University of Buffalo.

ø(3) COOPERATION WITH AGENCIES PARTICIPATING IN NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.—The Secretary shall conduct the program in consultation and cooperation with Federal departments and agencies participating in

the National Earthquake Hazards Reduction Program established by section 5 of the Earthquake Hazards Reduction Act

of 1977 (42 U.S.C. 7704) and shall take such actions as may

be necessary to ensure that the program is consistent with—

ø(A) planning and coordination activities of the Director of the Federal Emergency Management Agency under

section 5(b)(1) of such Act (42 U.S.C. 7704(b)(1)); and

ø(B) the plan developed by the Director of the Federal

Emergency Management Agency under section 8(b) of such

Act (42 U.S.C. 7705b(b)).

ø(g) INFRASTRUCTURE INVESTMENT NEEDS REPORT.—

ø(1) IN GENERAL.—Not later than January 31, 1999, and

January 31 of every second year thereafter, the Secretary shall

report to the Committee on Environment and Public Works of

the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on—

ø(A) estimates of the future highway and bridge needs

of the United States; and

ø(B) the backlog of current highway and bridge needs.

ø(2) COMPARISON WITH PRIOR REPORTS.—Each report under

paragraph (1) shall provide the means, including all necessary
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information, to relate and compare the conditions and service

measures used in the 3 biannual reports published prior to the

date of enactment of the Transportation Equity Act for the

21st Century.

ø§ 503. Technology deployment

ø(a) TECHNOLOGY DEPLOYMENT INITIATIVES AND PARTNERSHIPS

PROGRAM.—

ø(1) ESTABLISHMENT.—The Secretary shall develop and administer a national technology deployment initiatives and partnerships program.

ø(2) PURPOSE.—The purpose of the program shall be to significantly accelerate the adoption of innovative technologies by

the surface transportation community.

ø(3) DEPLOYMENT GOALS.—

ø(A) ESTABLISHMENT.—Not later than 180 days after

the date of enactment of this section, the Secretary shall

establish not more than 5 deployment goals to carry out

paragraph (1).

ø(B) DESIGN.—Each of the goals and the program developed to achieve the goals shall be designed to provide

tangible benefits, with respect to transportation systems,

in the areas of efficiency, safety, reliability, service life, environmental protection, and sustainability.

ø(C) STRATEGIES FOR ACHIEVEMENT.—For each goal,

the Secretary, in cooperation with representatives of the

transportation community such as States, local governments, the private sector, and academia, shall use domestic and international technology to develop strategies and

initiatives to achieve the goal, including technical assistance in deploying technology and mechanisms for sharing

information among program participants.

ø(4) INTEGRATION WITH OTHER PROGRAMS.—The Secretary

shall integrate activities carried out under this subsection with

the efforts of the Secretary to disseminate the results of research sponsored by the Secretary and to facilitate technology

transfer.

ø(5) LEVERAGING OF FEDERAL RESOURCES.—In selecting

projects to be carried out under this subsection, the Secretary

shall give preference to projects that leverage Federal funds

with other significant public or private resources.

ø(6) CONTINUATION OF SHRP PARTNERSHIPS.—Under the

program, the Secretary shall continue the partnerships established through the strategic highway research program established under section 307(d) (as in effect on the day before the

date of enactment of this section).

ø(7) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—Under the program, the Secretary may make grants

and enter into cooperative agreements and contracts to foster

alliances and support efforts to stimulate advances in transportation technology, including—

ø(A) the testing and evaluation of products of the strategic highway research program;
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ø(B) the further development and implementation of

technology in areas such as the Superpave system and the

use of lithium salts and other alternatives to prevent and

mitigate alkali silica reactivity;

ø(C) the provision of support for long-term pavement

performance product implementation and technology access; and

ø(D) other activities to achieve the goals established

under paragraph (3).

ø(8) REPORTS.—Not later than 18 months after the date of

enactment of this section, and biennially thereafter, the Secretary shall submit to the Committee on Environment and

Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress and results of activities carried out under

this section.

ø(9) ALLOCATION.—To the extent appropriate to achieve

the goals established under paragraph (3), the Secretary may

further allocate funds made available to carry out this section

to States for their use.

ø(b) INNOVATIVE BRIDGE RESEARCH AND CONSTRUCTION PRO- GRAM.— ø(1) IN GENERAL.—The Secretary shall establish and carry

out a program to demonstrate the application of innovative material technology in the construction of bridges and other structures.

ø(2) GOALS.—The goals of the program shall include—

ø(A) the development of new, cost-effective innovative

material highway bridge applications;

ø(B) the reduction of maintenance costs and life-cycle

costs of bridges, including the costs of new construction,

replacement, or rehabilitation of deficient bridges;

ø(C) the development of construction techniques to increase safety and reduce construction time and traffic congestion;

ø(D) the development of engineering design criteria for

innovative products and materials for use in highway

bridges and structures;

ø(E) the development of cost-effective and innovative

techniques to separate vehicle and pedestrian traffic from

railroad traffic;

ø(F) the development of highway bridges and structures that will withstand natural disasters, including alternative processes for the seismic retrofit of bridges; and

ø(G) the development of new nondestructive bridge

evaluation technologies and techniques.

ø(3) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—

ø(A) IN GENERAL.—Under the program, the Secretary

shall make grants to, and enter into cooperative agreements and contracts with—

ø(i) States, other Federal agencies, universities

and colleges, private sector entities, and nonprofit organizations to pay the Federal share of the cost of re-
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search, development, and technology transfer concerning innovative materials; and

ø(ii) States to pay the Federal share of the cost of

repair, rehabilitation, replacement, and new construction of bridges or structures that demonstrate the application of innovative materials.

ø(B) APPLICATIONS.—To receive a grant under this

subsection, an entity described in subparagraph (A) shall

submit an application to the Secretary. The application

shall be in such form and contain such information as the

Secretary may require. The Secretary shall select and approve the applications based on whether the project that is

the subject of the grant meets the goals of the program described in paragraph (2).

ø(4) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall take such action as is necessary to ensure that the

information and technology resulting from research conducted

under paragraph (3) is made available to State and local transportation departments and other interested parties as specified

by the Secretary.

ø(5) FEDERAL SHARE.—The Federal share of the cost of a

project under this section shall be determined by the Secretary.

ø§ 504. Training and education

ø(a) NATIONAL HIGHWAY INSTITUTE.— ø(1) IN GENERAL.—The Secretary shall operate in the Federal Highway Administration a National Highway Institute (in

this subsection referred to as the ‘‘Institute’’). The Secretary

shall administer, through the Institute, the authority vested in

the Secretary by this title or by any other law for the development and conduct of education and training programs relating

to highways.

ø(2) DUTIES OF THE INSTITUTE.—In cooperation with State

transportation departments, United States industry, and any

national or international entity, the Institute shall develop and

administer education and training programs of instruction

for—

ø(A) Federal Highway Administration, State, and local

transportation agency employees;

ø(B) regional, State, and metropolitan planning organizations;

ø(C) State and local police, public safety, and motor

vehicle employees; and

ø(D) United States citizens and foreign nationals engaged or to be engaged in surface transportation work of

interest to the United States.

ø(3) COURSES.—The Institute may develop and administer

courses in modern developments, techniques, methods, regulations, management, and procedures relating to surface transportation, environmental mitigation and compliance, acquisition of rights-of-way, relocation assistance, engineering, safety,

construction, maintenance and operations, contract administration, motor carrier safety activities, inspection, and highway finance.
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ø(4) SET-ASIDE; FEDERAL SHARE.—Not to exceed 1/2 of 1

percent of the funds apportioned to a State under section

104(b)(3) for the surface transportation program shall be available for expenditure by the State transportation department

for the payment of not to exceed 80 percent of the cost of tuition and direct educational expenses (excluding salaries) in

connection with the education and training of employees of

State and local transportation agencies in accordance with this

subsection.

ø(5) FEDERAL RESPONSIBILITY.—

ø(A) IN GENERAL.—Except as provided in subparagraph (B), education and training of employees of Federal,

State, and local transportation (including highway) agencies authorized under this subsection may be provided—

ø(i) by the Secretary at no cost to the States and

local governments if the Secretary determines that

provision at no cost is in the public interest; or

ø(ii) by the State through grants, cooperative

agreements, and contracts with public and private

agencies, institutions, individuals, and the Institute.

ø(B) PAYMENT OF FULL COST BY PRIVATE PERSONS.—

Private agencies, international or foreign entities, and individuals shall pay the full cost of any education and training received by them unless the Secretary determines that

a lower cost is of critical importance to the public interest.

ø(6) TRAINING FELLOWSHIPS; COOPERATION.—The Institute

may—

ø(A) engage in training activities authorized under

this subsection, including the granting of training fellowships; and

ø(B) carry out its authority independently or in cooperation with any other branch of the Federal Government or any State agency, authority, association, institution, for-profit or nonprofit corporation, other national or

international entity, or other person.

ø(7) COLLECTION OF FEES.—

ø(A) GENERAL RULE.—In accordance with this subsection, the Institute may assess and collect fees solely to

defray the costs of the Institute in developing or administering education and training programs under this subsection.

ø(B) LIMITATION.—Fees may be assessed and collected

under this subsection only in a manner that may reasonably be expected to result in the collection of fees during

any fiscal year in an aggregate amount that does not exceed the aggregate amount of the costs referred to in subparagraph (A) for the fiscal year.

ø(C) PERSONS SUBJECT TO FEES.—Fees may be assessed and collected under this subsection only with respect to—

ø(i) persons and entities for whom education or

training programs are developed or administered

under this subsection; and
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ø(ii) persons and entities to whom education or

training is provided under this subsection.

ø(D) AMOUNT OF FEES.—The fees assessed and collected under this subsection shall be established in a manner that ensures that the liability of any person or entity

for a fee is reasonably based on the proportion of the costs

referred to in subparagraph (A) that relate to the person

or entity.

ø(E) USE.—All fees collected under this subsection

shall be used to defray costs associated with the development or administration of education and training programs authorized under this subsection.

ø(8) RELATION TO FEES.—The funds made available to

carry out this subsection may be combined with or held separate from the fees collected under paragraph (7).

ø(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.—

ø(1) AUTHORITY.—The Secretary shall carry out a local

technical assistance program that will provide access to surface

transportation technology to—

ø(A) highway and transportation agencies in urbanized areas with populations of between 50,000 and

1,000,000 individuals;

ø(B) highway and transportation agencies in rural

areas; and

ø(C) contractors that do work for the agencies.

ø(2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—The Secretary may make grants and enter into cooperative agreements and contracts to provide education and

training, technical assistance, and related support services to—

ø(A) assist rural, local transportation agencies and

tribal governments, and the consultants and construction

personnel working for the agencies and governments, to—

ø(i) develop and expand their expertise in road

and transportation areas (including pavement, bridge,

concrete structures, safety management systems, and

traffic safety countermeasures);

ø(ii) improve roads and bridges;

ø(iii) enhance—

ø(I) programs for the movement of passengers

and freight; and

ø(II) intergovernmental transportation planning and project selection; and

ø(iv) deal effectively with special transportationrelated problems by preparing and providing training

packages, manuals, guidelines, and technical resource

materials;

ø(B) develop technical assistance for tourism and recreational travel;

ø(C) identify, package, and deliver transportation technology and traffic safety information to local jurisdictions

to assist urban transportation agencies in developing and

expanding their ability to deal effectively with transportation-related problems;
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ø(D) operate, in cooperation with State transportation

departments and universities—

ø(i) local technical assistance program centers designated to provide transportation technology transfer

services to rural areas and to urbanized areas with

populations of between 50,000 and 1,000,000 individuals; and

ø(ii) local technical assistance program centers

designated to provide transportation technical assistance to Indian tribal governments; and

ø(E) allow local transportation agencies and tribal governments, in cooperation with the private sector, to enhance new technology implementation.

ø(c) RESEARCH FELLOWSHIPS.—

ø(1) GENERAL AUTHORITY.—The Secretary, acting either

independently or in cooperation with other Federal departments, agencies, and instrumentalities, may make grants for

research fellowships for any purpose for which research is authorized by this chapter.

ø(2) Dwight David Eisenhower transportation fellowship

program.-The Secretary shall establish and implement a transportation research fellowship program for the purpose of attracting qualified students to the field of transportation. The

program shall be known as the ‘‘Dwight David Eisenhower

Transportation Fellowship Program’’.

ø§ 505. State planning and research

ø(a) GENERAL RULE.—Two percent of the sums apportioned to

a State for fiscal year 1998 and each fiscal year thereafter under

section 104 (other than sections 104(f) and 104(h)) and under section 144 shall be available for expenditure by the State, in consultation with the Secretary, only for the following purposes:

ø(1) Engineering and economic surveys and investigations.

ø(2) The planning of future highway programs and local

public transportation systems and the planning of the financing of such programs and systems, including metropolitan and

statewide planning under sections 134 and 135.

ø(3) Development and implementation of management systems under section 303.

ø(4) Studies of the economy, safety, and convenience of

surface transportation systems and the desirable regulation

and equitable taxation of such systems.

ø(5) Research, development, and technology transfer activities necessary in connection with the planning, design, construction, management, and maintenance of highway, public

transportation, and intermodal transportation systems.

ø(6) Study, research, and training on the engineering

standards and construction materials for transportation systems described in paragraph (5), including the evaluation and

accreditation of inspection and testing and the regulation and

taxation of their use.

ø(b) MINIMUM EXPENDITURES ON RESEARCH, DEVELOPMENT,

AND TECHNOLOGY TRANSFER ACTIVITIES.—
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ø(1) IN GENERAL.—Subject to paragraph (2), not less than

25 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be expended by the

State for research, development, and technology transfer activities described in subsection (a), relating to highway, public

transportation, and intermodal transportation systems.

ø(2) WAIVERS.—The Secretary may waive the application

of paragraph (1) with respect to a State for a fiscal year if the

State certifies to the Secretary for the fiscal year that total expenditures by the State for transportation planning under sections 134 and 135 will exceed 75 percent of the funds described

in paragraph (1) and the Secretary accepts such certification.

ø(3) NONAPPLICABILITY OF ASSESSMENT.—Funds expended

under paragraph (1) shall not be considered to be part of the

extramural budget of the agency for the purpose of section 9

of the Small Business Act (15 U.S.C. 638).

ø(c) FEDERAL SHARE.—The Federal share of the cost of a

project carried out using funds subject to subsection (a) shall be 80

percent unless the Secretary determines that the interests of the

Federal-aid highway program would be best served by decreasing

or eliminating the non-Federal share.

ø(d) ADMINISTRATION OF SUMS.—Funds subject to subsection

(a) shall be combined and administered by the Secretary as a single

fund and shall be available for obligation for the same period as

funds apportioned under section 104(b)(1).

ø§ 506. International highway transportation outreach program

ø(a) ESTABLISHMENT.—The Secretary may establish an international highway transportation outreach program—

ø(1) to inform the United States highway community of

technological innovations in foreign countries that could significantly improve highway transportation in the United

States;

ø(2) to promote United States highway transportation expertise, goods, and services in foreign countries; and

ø(3) to increase transfers of United States highway transportation technology to foreign countries.

ø(b) ACTIVITIES.—Activities carried out under the program may

include—

ø(1) development, monitoring, assessment, and dissemination in the United States of information about highway transportation innovations in foreign countries that could significantly improve highway transportation in the United States;

ø(2) research, development, demonstration, training, and

other forms of technology transfer and exchange;

ø(3) informing foreign countries about the technical quality

of United States highway transportation goods and services

through participation in trade shows, seminars, expositions,

and other such activities;

ø(4) offering technical services of the Federal Highway Administration that cannot be readily obtained from United

States private sector firms to be incorporated into the proposals of United States private sector firms undertaking high-
318

way transportation projects outside the United States if the

costs of such services will be recovered under the terms of the

project;

ø(5) conducting studies to assess the need for or feasibility

of highway transportation improvements in countries that are

not members of the Organization for Economic Cooperation

and Development, as of December 18, 1991, and in Greece and

Turkey; and

ø(6) gathering and disseminating information on foreign

transportation markets and industries.

ø(c) COOPERATION.—The Secretary may carry out this section

in cooperation with any appropriate Federal agency, State or local

agency, authority, association, institution, corporation (profit or

nonprofit), foreign government, multinational institution, or other

organization or person.

ø(d) FUNDS.—

ø(1) CONTRIBUTIONS.—Funds available to carry out this

section shall include funds deposited by any cooperating organization or person into a special account of the Treasury established for this purpose.

ø(2) ELIGIBLE USES OF FUNDS.—The funds deposited into

the account and other funds available to carry out this section

shall be available to cover the cost of any activity eligible

under this section, including the cost of promotional materials,

travel, reception and representation expenses, and salaries and

benefits.

ø(3) REIMBURSEMENTS FOR SALARIES AND BENEFITS.—Reimbursements for salaries and benefits of Department of

Transportation employees providing services under this section

shall be credited to the account.

ø(e) ELIGIBLE USE OF STATE PLANNING AND RESEARCH

FUNDS.—A State, in coordination with the Secretary, may obligate

funds made available to carry out section 505 for any activity authorized under subsection (a).

ø§ 507. Surface transportation-environment cooperative research program

ø(a) IN GENERAL.—The Secretary shall establish and carry out

a surface transportation-environment cooperative research program.

ø(b) CONTENTS.—The program to be carried out under this section shall include research designed—

ø(1) to develop more accurate models for evaluating transportation control measures and transportation system designs

that are appropriate for use by State and local governments,

including metropolitan planning organizations, in designing

implementation plans to meet Federal, State, and local environmental requirements;

ø(2) to improve understanding of the factors that contribute to the demand for transportation, including transportation system design, demographic change, land use planning,

and communications and other information technologies;
319

ø(3) to develop indicators of economic, social, and environmental performance of transportation systems to facilitate

analysis of potential alternatives;

ø(4) to study the relationship between highway density

and ecosystem integrity, including the impacts of highway density on habitat integrity and overall ecosystem health, and develop a rapid assessment methodology for use by transportation and regulatory agencies in determining the relationship

between highway density and ecosystem integrity; and

ø(5) to meet additional priorities as determined by the advisory board established under subsection (c), including recommendations of the National Research Council in the report

entitled ‘‘Environmental Research Needs in Transportation’’.

ø(c) ADVISORY BOARD.— ø(1) ESTABLISHMENT.—In consultation with the Secretary

of Energy, the Administrator of the Environmental Protection

Agency, and the heads of other appropriate Federal departments and agencies, the Secretary shall establish an advisory

board to recommend environmental and energy conservation

research, technology, and technology transfer activities related

to surface transportation.

ø(2) MEMBERSHIP.—The advisory board shall include—

ø(A) representatives of State transportation and environmental agencies;

ø(B) transportation and environmental scientists and

engineers; and

ø(C) representatives of metropolitan planning organizations, transit operating agencies, and environmental organizations.

ø(d) NATIONAL ACADEMY OF SCIENCES.—The Secretary may

make grants to, and enter into cooperative agreements with, the

National Academy of Sciences to carry out such activities relating

to the research, technology, and technology transfer activities described in subsection (b) as the Secretary determines appropriate.

ø§ 508. Surface transportation research strategic planning

ø(a) IN GENERAL.—The Secretary shall—

ø(1) establish a strategic planning process, consistent with

section 306 of title 5 for the Department of Transportation to

determine national transportation research and technology development priorities related to surface transportation;

ø(2) coordinate Federal surface transportation research

and technology development activities;

ø(3) measure the results of those activities and how they

impact the performance of the surface transportation systems

of the United States; and

ø(4) ensure that planning and reporting activities carried

out under this section are coordinated with all other surface

transportation planning and reporting requirements.

ø(b) IMPLEMENTATION.—The Secretary shall—

ø(1) provide for the integrated planning, coordination, and

consultation among the operating administrations of the Department of Transportation, all other Federal agencies with responsibility for surface transportation research and technology
320

development, State and local governments, institutions of higher education, industry, and other private and public sector organizations engaged in surface transportation-related research

and development activities;

ø(2) ensure that the surface transportation research and

technology development programs of the Department do not

duplicate other Federal, State, or private sector research and

development programs; and

ø(3) provide for independent validation of the scientific and

technical assumptions underlying the surface transportation

research and technology development programs of the Department.

ø(c) SURFACE TRANSPORTATION RESEARCH AND TECHNOLOGY

DEVELOPMENT STRATEGIC PLAN.— ø(1) DEVELOPMENT.—The Secretary shall develop an integrated surface transportation research and technology development strategic plan.

ø(2) CONTENTS.—The plan shall include—

ø(A) an identification of the general goals and objectives of the Department of Transportation for surface

transportation research and development;

ø(B) a description of the roles of the Department and

other Federal agencies in achieving the goals identified

under subparagraph (A), in order to avoid unnecessary duplication of effort;

ø(C) a description of the overall strategy of the Department, and the role of each of the operating administrations of the Department, in carrying out the plan over the

next 5 years, including a description of procedures for coordination of the efforts of the Secretary with the efforts

of the operating administrations of the Department and

other Federal agencies;

ø(D) an assessment of how State and local research

and technology development activities are contributing to

the achievement of the goals identified under subparagraph (A);

ø(E) details of the surface transportation research and

technology development programs of the Department, including performance goals, resources needed to achieve

those goals, and performance indicators as described in

section 1115(a) of title 31, United States Code, for the next

5 years for each area of research and technology development;

ø(F) significant comments on the plan obtained from

outside sources; and

ø(G) responses to significant comments obtained from

the National Research Council and other advisory bodies,

and a description of any corrective actions taken pursuant

to such comments.

ø(3) NATIONAL RESEARCH COUNCIL REVIEW.—The Secretary

shall enter into an agreement for the review by the National

Research Council of the details of each—

ø(A) strategic plan or revision required under section

306 of title 5;
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ø(B) performance plan required under section 1115 of

title 31; and

ø(C) program performance report required under section 1116,

with respect to surface transportation research and technology

development.

ø(4) PERFORMANCE PLANS AND REPORTS.—In reports submitted under sections 1115 and 1116 of title 31, the Secretary

shall include—

ø(A) a summary of the results for the previous fiscal

year of surface transportation research and technology development programs to which the Department of Transportation contributes, along with—

ø(i) an analysis of the relationship between those

results and the goals identified under paragraph

(2)(A); and

ø(ii) a description of the methodology used for assessing the results; and

ø(B) a description of significant surface transportation

research and technology development initiatives, if any,

undertaken during the previous fiscal year that were not

in the plan developed under paragraph (1), and any significant changes in the plan from the previous year’s plan.

ø(d) MERIT REVIEW AND PERFORMANCE MEASUREMENT.—Not

later than 1 year after the date of enactment of this section, the

Secretary shall transmit to Congress a report describing competitive merit review procedures for use in selecting grantees and contractors in the programs covered by the plan developed under subsection (c) and performance measurement procedures for evaluating

the programs.

ø(e) PROCUREMENT PROCEDURES.—The Secretary shall—

ø(1) develop model procurement procedures that encourage

the use of advanced technologies; and

ø(2) develop model transactions for carrying out and coordinating Federal and State surface transportation research

and technology development activities.

ø(f) CONSISTENCY WITH GOVERNMENT PERFORMANCE AND RE- SULTS ACT OF 1993.—The plans and reports developed under this

section shall be consistent with and incorporated as part of the

plans developed under section 306 of title 5 and sections 1115 and

1116 of title 31.¿

CHAPTER 5—RESEARCH AND TECHNOLOGY

SUBCHAPTER I—SURFACE TRANSPORTATION

Sec.

501. Definitions.

502. Surface transportation research.

503. Technology application program.

504. Training and education.

505. State planning and research.

506. International highway transportation outreach program.

507. Surface transportation-environmental cooperative research program.

508. Surface transportation research technology deployment and strategic planning.

509. New strategic highway research program.

510. University transportation centers.
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511. Multistate corridor operations and management.

512. Transportation analysis simulation system.

SUBCHAPTER II—INTELLIGENT TRANSPORTATION SYSTEM RESEARCH

AND TECHNICAL ASSISTANCE PROGRAM

521. Finding.

522. Goals and purposes.

523. Definitions.

524. General authorities and requirements.

525. National ITS Program Plan.

526. National ITS architecture and standards.

527. Commercial vehicle intelligent transportation system infrastructure program.

528. Research and development.

529. Use of funds.

SUBCHAPTER I—SURFACE TRANSPORTATION

§ 501. Definitions

In this subchapter:

(1) FEDERAL LABORATORY.—The term ‘Federal laboratory’

includes—

(A) a Government-owned, Government-operated laboratory; and

(B) a Government-owned, contractor-operated laboratory.

(2) SAFETY.—The term ‘safety’ includes highway and traffic

safety systems, research, and development relating to—

(A) vehicle, highway, driver, passenger, bicyclist, and

pedestrian characteristics;

(B) accident investigations;

(C) integrated, interoperable emergency communications;

(D) emergency medical care; and

(E) transportation of the injured.

§ 502. Surface transportation research

(a) IN GENERAL.—

(1) RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER

ACTIVITIES.—The Secretary may carry out research, development, and technology transfer activities with respect to—

(A) all phases of transportation planning and development (including new technologies, construction, transportation systems management and operations development,

design, maintenance, safety, security, financing, data collection and analysis, demand forecasting, multimodal assessment, and traffic conditions); and

(B) the effect of State laws on the activities described

in subparagraph (A).

(2) TESTS AND DEVELOPMENT.—The Secretary may test, develop, or assist in testing and developing, any material, invention, patented article, or process.

(3) COOPERATION, GRANTS, AND CONTRACTS.—

(A) IN GENERAL.—The Secretary may carry out this

section—

(i) independently;

(ii) in cooperation with—
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(I) any other Federal agency or instrumentality; and

(II) any Federal laboratory; or

(iii) by making grants to, or entering into contracts, cooperative agreements, and other transactions

with—

(I) the National Academy of Sciences;

(II) the American Association of State Highway and Transportation Officials;

(III) planning organizations;

(IV) a Federal laboratory;

(V) a State agency;

(VI) an authority, association, institution, or

organization;

(VII) a for-profit or nonprofit corporation;

(VIII) a foreign country; or

(IX) any other person.

(B) COMPETITION; REVIEW.—All parties entering into

contracts, cooperative agreements or other transactions with

the Secretary, or receiving grants, to perform research or

provide technical assistance under this section shall be selected, to the maximum extent practicable and

appropriate—

(i) on a competitive basis; and

(ii) on the basis of the results of peer review of proposals submitted to the Secretary.

(4) TECHNOLOGICAL INNOVATION.—The programs and activities carried out under this section shall be consistent with

the surface transportation research and technology development

strategic plan developed under section 508(c).

(5) FUNDS.—

(A) SPECIAL ACCOUNT.—In addition to other funds

made available to carry out this section, the Secretary shall

use such funds as may be deposited by any cooperating organization or person in a special account of the Treasury

established for this purpose.

(B) USE OF FUNDS.—The Secretary shall use funds

made available to carry out this section to develop, administer, communicate, and promote the use of products of research, development, and technology transfer programs

under this section.

(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.—

(1) IN GENERAL.—To encourage innovative solutions to surface transportation problems and stimulate the deployment of

new technology, the Secretary may carry out, on a cost-shared

basis, collaborative research and development with—

(A) non-Federal entities (including State and local governments, foreign governments, colleges and universities,

corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State); and

(B) Federal laboratories.

(2) AGREEMENTS.—In carrying out this subsection, the Secretary may enter into cooperative research and development
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agreements (as defined in section 12 of the Stevenson-Wydler

Technology Innovation Act of 1980 (15 U.S.C. 3710a)).

(3) FEDERAL SHARE.— (A) IN GENERAL.—The Federal share of the cost of activities carried out under a cooperative research and development agreement entered into under this subsection shall

not exceed 50 percent, except that if there is substantial

public interest or benefit, the Secretary may approve a

greater Federal share.

(B) NON-FEDERAL SHARE.—All costs directly incurred

by the non-Federal partners, including personnel, travel,

and hardware development costs, shall be credited toward

the non-Federal share of the cost of the activities described

in subparagraph (A).

(4) USE OF TECHNOLOGY.—The research, development, or

use of a technology under a cooperative research and development agreement entered into under this subsection, including

the terms under which the technology may be licensed and the

resulting royalties may be distributed, shall be subject to the

Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.

3701 et seq.).

(5) WAIVER OF ADVERTISING REQUIREMENTS.—Section 3709

of the Revised Statutes (41 U.S.C. 5) shall not apply to a contract or agreement entered into under this chapter.

(c) CONTENTS OF RESEARCH PROGRAM.—The Secretary shall include as priority areas of effort within the surface transportation research program—

(1) the development of new technologies and methods in

materials, pavements, structures, design, and construction, with

the objectives of—

(A)(i) increasing to 50 years the expected life of pavements;

(ii) increasing to 100 years the expected life of bridges;

and

(iii) significantly increasing the durability of other infrastructure;

(B) lowering the life-cycle costs, including—

(i) construction costs;

(ii) maintenance costs;

(iii) operations costs; and

(vi) user costs.

(2) the development, and testing for effectiveness, of nondestructive evaluation technologies for civil infrastructure using

existing and new technologies;

(3) the investigation of—

(A) the application of current natural hazard mitigation techniques to manmade hazards; and

(B) the continuation of hazard mitigation research

combining manmade and natural hazards;

(4) the improvement of safety—

(A) at intersections;

(B) with respect to accidents involving vehicles run off

the road; and

(C) on rural roads;
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(5) the reduction of work zone incursions and improvement

of work zone safety;

(6) the improvement of geometric design of roads for the

purpose of safety;

(7) the examination of data collected through the national

bridge inventory conducted under section 144 using the national bridge inspection standards established under section

151, with the objectives of determining whether—

(A) the most useful types of data are being collected;

and

(B) any improvement could be made in the types of

data collected and the manner in which the data is collected, with respect to bridges in the United States;

(8) the improvement of the infrastructure investment needs

report described in subsection (g) through—

(A) the study and implementation of new methods of

collecting better quality data, particularly with respect to

performance, congestion, and infrastructure conditions;

(B) monitoring of the surface transportation system in

a system-wide manner, through the use of—

(i) intelligent transportation system technologies of

traffic operations centers; and

(ii) other new data collection technologies as

sources of better quality performance data;

(C) the determination of the critical metrics that should

be used to determine the condition and performance of the

surface transportation system; and

(D) the study and implementation of new methods of

statistical analysis and computer models to improve the

prediction of future infrastructure investment requirements;

(9) the development of methods to improve the determination of benefits from infrastructure improvements, including—

(A) more accurate calculations of benefit-to-cost ratios,

considering benefits and impacts throughout local and regional transportation systems;

(B) improvements in calculating life-cycle costs; and

(C) valuation of assets;

(10) the improvement of planning processes to better predict

outcomes of transportation projects, including the application of

computer simulations in the planning process to predict outcomes of planning decisions;

(11) the multimodal applications of Geographic Information Systems and remote sensing, including such areas of application as—

(A) planning;

(B) environmental decisionmaking and project delivery;

and

(C) freight movement;

(12) the development and application of methods of providing revenues to the Highway Trust Fund with the objective

of offsetting potential reductions in fuel tax receipts;

(13) the development of tests and methods to determine the

benefits and costs to communities of major transportation investments and projects;
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(14) the conduct of extreme weather research, including research to—

(A) reduce contraction and expansion damage;

(B) reduce or repair road damage caused by freezing

and thawing;

(C) improve deicing or snow removal techniques;

(D) develop better methods to reduce the risk of thermal

collapse, including collapse from changes in underlying

permafrost;

(E) improve concrete and asphalt installation in extreme weather conditions; and

(F) make other improvements to protect highway infrastructure or enhance highway safety or performance;

(15) the improvement of surface transportation planning;

(16) environmental research;

(17) transportation system management and operations;

and

(18) any other surface transportation research topics that

the Secretary determines, in accordance with the strategic planning process under section 508, to be critical.

(d) ADVANCED, HIGH-RISK RESEARCH.— (1) IN GENERAL.—The Secretary shall establish and carry

out, in accordance with the surface transportation research and

technology development strategic plan developed under section

508(c) and research priority areas described in subsection (c),

an advanced research program that addresses longer-term,

higher-risk research with potentially dramatic breakthroughs

for improving the durability, efficiency, environmental impact,

productivity, and safety (including bicycle and pedestrian safety) aspects of highway and intermodal transportation systems.

(2) PARTNERSHIPS.—In carrying out the program, the Secretary shall seek to develop partnerships with the public and

private sectors.

(3) REPORT.—The Secretary shall include in the strategic

plan required under section 508(c) a description of each of the

projects, and the amount of funds expended for each project,

carried out under this subsection during the fiscal year.

(e) LONG-TERM PAVEMENT PERFORMANCE PROGRAM.— (1) AUTHORITY.—The Secretary shall continue, through

September 30, 2009, the long-term pavement performance program tests, monitoring, and data analysis.

(2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—

Under the program, the Secretary shall make grants and enter

into cooperative agreements and contracts to—

(A) monitor, material-test, and evaluate highway test

sections in existence as of the date of the grant, agreement,

or contract;

(B) analyze the data obtained in carrying out subparagraph (A); and

(C) prepare products to fulfill program objectives and

meet future pavement technology needs.

(3) CONCLUSION OF PROGRAM.—

(A) SUMMARY REPORT.—The Secretary shall include in

the strategic plan required under section 508(c) a report on
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the initial conclusions of the long-term pavement performance program that includes—

(i) an analysis of any research objectives that remain to be achieved under the program;

(ii) an analysis of other associated longer-term expenditures under the program that are in the public interest;

(iii) a detailed plan regarding the storage, maintenance, and user support of the database, information

management system, and materials reference library of

the program;

(iv) a schedule for continued implementation of the

necessary data collection and analysis and project plan

under the program; and

(v) an estimate of the costs of carrying out each of

the activities described in clauses (i) through (iv) for

each fiscal year during which the program is carried

out.

(B) DEADLINE; USEFULNESS OF ADVANCES.—The Secretary shall, to the maximum extent practicable—

(i) ensure that the long-term pavement performance program is concluded not later than September

30, 2009; and

(ii) make such allowances as are necessary to ensure the usefulness of the technological advances resulting from the program.

(f) SEISMIC RESEARCH.—The Secretary shall—

(1) in consultation and cooperation with Federal agencies

participating in the National Earthquake Hazards Reduction

Program established by section 5 of the Earthquake Hazards

Reduction Act of 1977 (42 U.S.C. 7704), coordinate the conduct

of seismic research;

(2) take such actions as are necessary to ensure that the coordination of the research is consistent with—

(A) planning and coordination activities of the Director

of the Federal Emergency Management Agency under section 5(b)(1) of that Act (42 U.S.C. 7704(b)(1)); and

(B) the plan developed by the Director of the Federal

Emergency Management Agency under section 8(b) of that

Act (42 U.S.C. 7705b(b)); and

(3) in cooperation with the Center for Civil Engineering Research at the University of Nevada, Reno, carry out a seismic

research program—

(A) to study the vulnerability of the Federal-aid highway system and other surface transportation systems to

seismic activity;

(B) to develop and implement cost-effective methods to

reduce the vulnerability; and

(C) to conduct seismic research and upgrade earthquake simulation facilities as necessary to carry out the

program.

(g) INFRASTRUCTURE INVESTMENT NEEDS REPORT.—

(1) IN GENERAL.—Not later than July 31, 2005, and July

31 of every second year thereafter, the Secretary shall submit to
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the Committee on Environment and Public Works of the Senate

and the Committee on Transportation and Infrastructure of the

House of Representatives a report that describes—

(A) estimates of the future highway and bridge needs

of the United States; and

(B) the backlog of current highway and bridge needs.

(2) COMPARISON WITH PRIOR REPORTS.—Each report under

paragraph (1) shall provide the means, including all necessary

information, to relate and compare the conditions and service

measures used in the previous biennial reports.

(h) SECURITY RELATED RESEARCH AND TECHNOLOGY TRANSFER

ACTIVITIES.— (1) IN GENERAL.—Not later than 180 days after the date of

enactment of the Safe, Accountable, Flexible, and Efficient

Transportation Equity Act of 2005, the Secretary, in consultation with the Secretary of Homeland Security, with key stakeholder input (including State transportation departments) shall

develop a 5-year strategic plan for research and technology

transfer and deployment activities pertaining to the security aspects of highway infrastructure and operations.

(2) COMPONENTS OF PLAN.—The plan shall include—

(A) an identification of which agencies are responsible

for the conduct of various research and technology transfer

activities;

(B) a description of the manner in which those activities will be coordinated; and

(C) a description of the process to be used to ensure

that the advances derived from relevant activities supported

by the Federal Highway Administration are consistent with

the operational guidelines, policies, recommendations, and

regulations of the Department of Homeland Security; and

(D) a systematic evaluation of the research that should

be conducted to address, at a minimum—

(i) vulnerabilities of, and measures that may be

taken to improve, emergency response capabilities and

evacuations;

(ii) recommended upgrades of traffic management

during crises;

(iii) integrated, interoperable emergency communications among the public, the military, law enforcement, fire and emergency medical services, and transportation agencies;

(iv) protection of critical, security-related infrastructure; and

(v) structural reinforcement of key facilities.

(3) SUBMISSION.—On completion of the plan under this

subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee

on Transportation and Infrastructure of the House of

Representatives—

(A) a copy of the plan developed under paragraph (1);

and

(B) a copy of a memorandum of understanding specifying coordination strategies and assignment of responsibil-
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ities covered by the plan that is signed by the Secretary and

the Secretary of Homeland Security.

(i) HIGH-PERFORMANCE CONCRETE BRIDGE RESEARCH AND

TECHNOLOGY TRANSFER PROGRAM.—In accordance with the objectives described in subsection (c)(1) and the requirements under sections 503(b)(4) and 504(b), the Secretary shall carry out a program

to demonstrate the application of high-performance concrete in the

construction and rehabilitation of bridges.

(j) BIOBASED TRANSPORTATION RESEARCH.—There shall be

available from the Highway Trust Fund (other than the Mass Transit Account) $16,075,472 for each of fiscal years 2005 through 2009

equally divided and available to carry out biobased research of national importance at the National Biodiesel Board and at research

centers identified in section 9011 of Public Law 107–171.

§ 503. Technology application program

(a) TECHNOLOGY APPLICATION INITIATIVES AND PARTNERSHIPS

PROGRAM.—

(1) ESTABLISHMENT.—The Secretary, in consultation with

interested stakeholders, shall develop and administer a national technology and innovation application initiatives and

partnerships program.

(2) PURPOSE.—The purpose of the program shall be to significantly accelerate the adoption of technology and innovation

by the surface transportation community.

(3) APPLICATION GOALS.— (A) ESTABLISHMENT.—Not later than 180 days after

the date of enactment of the Safe, Accountable, Flexible,

and Efficient Transportation Equity Act of 2005, the Secretary, in consultation with the Surface Transportation Research Technology Advisory Committee, State transportation departments, and other interested stakeholders, shall

establish, as part of the surface transportation research

and technology development strategic plan under section

508(c), goals to carry out paragraph (1).

(B) DESIGN.—Each of the goals and the program developed to achieve the goals shall be designed to provide tangible benefits, with respect to transportation systems, in the

areas of efficiency, safety, reliability, service life, environmental protection, and sustainability.

(C) STRATEGIES FOR ACHIEVEMENT.—For each goal, the

Secretary, in cooperation with representatives of the transportation community, such as States, local governments,

the private sector, and academia, shall use domestic and

international technology to develop strategies and initiatives to achieve the goal, including technical assistance in

deploying technology and mechanisms for sharing information among program participants.

(4) INTEGRATION WITH OTHER PROGRAMS.—The Secretary

shall integrate activities carried out under this subsection with

the efforts of the Secretary to—

(A) disseminate the results of research sponsored by the

Secretary; and

(B) facilitate technology transfer.
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(5) LEVERAGING OF FEDERAL RESOURCES.—In selecting

projects to be carried out under this subsection, the Secretary

shall give preference to projects that leverage Federal funds

with other significant public or private resources.

(6) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— Under the program, the Secretary may make grants and enter

into cooperative agreements and contracts to foster alliances

and support efforts to stimulate advances in transportation

technology.

(7) REPORTS.—The results and progress of activities carried

out under this section shall be published as part of the annual

transportation research report prepared by the Secretary under

section 508(c)(5).

(8) ALLOCATION.—To the extent appropriate to achieve the

goals established under paragraph (3), the Secretary may further allocate funds made available to carry out this section to

States for use by those States.

(b) INNOVATIVE SURFACE TRANSPORTATION INFRASTRUCTURE

RESEARCH AND CONSTRUCTION PROGRAM.— (1) IN GENERAL.—The Secretary shall establish and carry

out a program for the application of innovative material, design, and construction technologies in the construction, preservation, and rehabilitation of elements of surface transportation

infrastructure.

(2) GOALS.—The goals of the program shall include—

(A) the development of new, cost-effective, and innovative materials;

(B) the reduction of maintenance costs and life-cycle

costs of elements of infrastructure, including the costs of

new construction, replacement, and rehabilitation;

(C) the development of construction techniques to increase safety and reduce construction time and traffic congestion;

(D) the development of engineering design criteria for

innovative products and materials for use in surface transportation infrastructure;

(E) the development of highway bridges and structures

that will withstand natural disasters and disasters caused

by human activity; and

(F) the development of new, nondestructive technologies

and techniques for the evaluation of elements of transportation infrastructure.

(3) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—

(A) IN GENERAL.—Under the program, the Secretary

shall make grants to, and enter into cooperative agreements

and contracts with—

(i) States, other Federal agencies, universities and

colleges, private sector entities, and nonprofit organizations, to pay the Federal share of the cost of research,

development, and technology transfer concerning innovative materials and methods; and

(ii) States, to pay the Federal share of the cost of

repair, rehabilitation, replacement, and new construction of elements of surface transportation infrastructure
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that demonstrate the application of innovative materials and methods.

(B) APPLICATIONS.— (i) IN GENERAL.—To receive a grant under this

subsection, an entity described in subparagraph (A)

shall submit to the Secretary an application in such

form and containing such information as the Secretary

may require.

(ii) APPROVAL.—The Secretary shall select and approve an application based on whether the proposed

project that is the subject of the application would meet

the goals described in paragraph (2).

(4) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall take such action as is necessary to—

(A) ensure that the information and technology resulting from research conducted under paragraph (3) is made

available to State and local transportation departments

and other interested parties, as specified by the Secretary;

and

(B) encourage the use of the information and technology.

(5) FEDERAL SHARE.—The Federal share of the cost of a

project under this section shall be determined by the Secretary.

§ 504. Training and education

(a) NATIONAL HIGHWAY INSTITUTE.— (1) IN GENERAL.—The Secretary shall—

(A) operate, in the Federal Highway Administration, a

National Highway Institute (referred to in this subsection

as the ‘Institute’); and

(B) administer, through the Institute, the authority

vested in the Secretary by this title or by any other law for

the development and conduct of education and training

programs relating to highways.

(2) DUTIES OF THE INSTITUTE.—In cooperation with State

transportation departments, industries in the United States,

and national or international entities, the Institute shall develop and administer education and training programs of instruction for—

(A) Federal Highway Administration, State, and local

transportation agency employees;

(B) regional, State, and metropolitan planning organizations;

(C) State and local police, public safety, and motor vehicle employees; and

(D) United States citizens and foreign nationals engaged or to be engaged in surface transportation work of

interest to the United States.

(3) COURSES.— (A) IN GENERAL.—The Institute shall—

(i) develop or update existing courses in asset management, including courses that include such components as—

(I) the determination of life-cycle costs;
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(II) the valuation of assets;

(III) benefit-to-cost ratio calculations; and

(IV) objective decisionmaking processes for

project selection; and

(ii) continually develop courses relating to the application of emerging technologies for—

(I) transportation infrastructure applications

and asset management;

(II) intelligent transportation systems;

(III) operations (including security operations);

(IV) the collection and archiving of data;

(V) expediting the planning and development

of transportation projects; and

(VI) the intermodal movement of individuals

and freight.

(B) ADDITIONAL COURSES.—In addition to the courses

developed under subparagraph (A), the Institute, in consultation with State transportation departments, metropolitan planning organizations, and the American Association

of State Highway and Transportation Officials, may develop courses relating to technology, methods, techniques,

engineering, construction, safety, maintenance, environmental mitigation and compliance, regulations, management, inspection, and finance.

(C) REVISION OF COURSES OFFERED.—The Institute

shall periodically—

(i) review the course inventory of the Institute; and

(ii) revise or cease to offer courses based on course

content, applicability, and need.

(4) ELIGIBILITY; FEDERAL SHARE.—The funds apportioned

to a State under section 104(b)(3) for the surface transportation

program shall be available for expenditure by the State transportation department for the payment of not to exceed 80 percent of the cost of tuition and direct educational expenses (excluding salaries) in connection with the education and training

of employees of State and local transportation agencies in accordance with this subsection.

(5) FEDERAL RESPONSIBILITY.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), education and training of employees of Federal, State,

and local transportation (including highway) agencies authorized under this subsection may be provided—

(i) by the Secretary, at no cost to the States and

local governments, if the Secretary determines that provision at no cost is in the public interest; or

(ii) by the State, through grants, cooperative agreements, and contracts with public and private agencies,

institutions, individuals, and the Institute.

(B) PAYMENT OF FULL COST BY PRIVATE PERSONS.—Private agencies, international or foreign entities, and individuals shall pay the full cost of any education and training

(including the cost of course development) received by the

agencies, entities, and individuals, unless the Secretary de-
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termines that payment of a lesser amount of the cost is of

critical importance to the public interest.

(6) TRAINING FELLOWSHIPS; COOPERATION.—The Institute

may—

(A) engage in training activities authorized under this

subsection, including the granting of training fellowships;

and

(B) exercise the authority of the Institute independently

or in cooperation with any—

(i) other Federal or State agency;

(ii) association, authority, institution, or organization;

(iii) for-profit or nonprofit corporation;

(iv) national or international entity;

(v) foreign country; or

(vi) person.

(7) COLLECTION OF FEES.— (A) IN GENERAL.—In accordance with this subsection,

the Institute may assess and collect fees to defray the costs

of the Institute in developing or administering education

and training programs under this subsection.

(B) PERSONS SUBJECT TO FEES.—Fees may be assessed

and collected under this subsection only with respect to—

(i) persons and entities for whom education or

training programs are developed or administered

under this subsection; and

(ii) persons and entities to whom education or

training is provided under this subsection.

(C) AMOUNT OF FEES.—The fees assessed and collected

under this subsection shall be established in a manner that

ensures that the liability of any person or entity for a fee

is reasonably based on the proportion of the costs referred

to in subparagraph (A) that relate to the person or entity.

(D) USE.—All fees collected under this subsection shall

be used, without further appropriation, to defray costs associated with the development or administration of education

and training programs authorized under this subsection.

(8) RELATION TO FEES.—The funds made available to carry

out this subsection may be combined with or held separate from

the fees collected under—

(A) paragraph (7);

(B) memoranda of understanding;

(C) regional compacts; and

(D) other similar agreements.

(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.—

(1) AUTHORITY.—The Secretary shall carry out a local technical assistance program that will provide access to surface

transportation technology to—

(A) highway and transportation agencies in urbanized

areas;

(B) highway and transportation agencies in rural

areas;

(C) contractors that perform work for the agencies; and

(D) infrastructure security.
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(2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—

The Secretary may make grants and enter into cooperative

agreements and contracts to provide education and training,

technical assistance, and related support services to—

(A) assist rural, local transportation agencies and tribal governments, and the consultants and construction personnel working for the agencies and governments, to—

(i) develop and expand expertise in road and transportation areas (including pavement, bridge, concrete

structures, intermodal connections, safety management

systems, intelligent transportation systems, incident response, operations, and traffic safety countermeasures);

(ii) improve roads and bridges;

(iii) enhance—

(I) programs for the movement of passengers

and freight; and

(II) intergovernmental transportation planning

and project selection; and

(iv) deal effectively with special transportation-related problems by preparing and providing training

packages, manuals, guidelines, and technical resource

materials;

(B) develop technical assistance for tourism and recreational travel;

(C) identify, package, and deliver transportation technology and traffic safety information to local jurisdictions

to assist urban transportation agencies in developing and

expanding their ability to deal effectively with transportation-related problems (particularly the promotion of regional cooperation);

(D) operate, in cooperation with State transportation

departments and universities—

(i) local technical assistance program centers designated to provide transportation technology transfer

services to rural areas and to urbanized areas; and

(ii) local technical assistance program centers designated to provide transportation technical assistance

to tribal governments; and

(E) allow local transportation agencies and tribal governments, in cooperation with the private sector, to enhance

new technology implementation.

(c) RESEARCH FELLOWSHIPS.—

(1) GENERAL AUTHORITY.—The Secretary, acting independently or in cooperation with other Federal agencies and instrumentalities, may make grants for research fellowships for any

purpose for which research is authorized by this chapter.

(2) DWIGHT DAVID EISENHOWER TRANSPORTATION FELLOWSHIP PROGRAM.—The Secretary shall establish and implement a

transportation research fellowship program, to be known as the

‘Dwight David Eisenhower Transportation Fellowship Program’, for the purpose of attracting qualified students to the

field of transportation.
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§ 505. State planning and research

(a) IN GENERAL.—Two percent of the sums apportioned to a

State for fiscal year 2005 and each fiscal year thereafter under sections 104 (other than subsections (f) and (h)) and 144 shall be available for expenditure by the State, in consultation with the Secretary,

only for—

(1) the conduct of engineering and economic surveys and investigations;

(2) the planning of—

(A) future highway programs and local public transportation systems; and

(B) the financing of those programs and systems, including metropolitan and statewide planning under sections 134 and 135;

(3) the development and implementation of management

systems under section 303;

(4) the conduct of studies on—

(A) the economy, safety, and convenience of surface

transportation systems; and

(B) the desirable regulation and equitable taxation of

those systems;

(5) research, development, and technology transfer activities

necessary in connection with the planning, design, construction,

management, and maintenance of highway, public transportation, and intermodal transportation systems;

(6) the conduct of studies, research, and training relating

to the engineering standards and construction materials for

surface transportation systems described in paragraph (5) (including the evaluation and accreditation of inspection and testing and the regulation of and charging for the use of the standards and materials); and

(7) the conduct of activities relating to the planning of realtime monitoring elements.

(b) MINIMUM EXPENDITURES ON RESEARCH, DEVELOPMENT, AND

TECHNOLOGY TRANSFER ACTIVITIES.— (1) IN GENERAL.—Subject to paragraph (2), not less than 25

percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be expended by the State

for research, development, and technology transfer activities

that—

(A) are described in subsection (a); and

(B) relate to highway, public transportation, and intermodal transportation systems.

(2) WAIVERS.—The Secretary may waive the application of

paragraph (1) with respect to a State for a fiscal year if—

(A) the State certifies to the Secretary for the fiscal year

that total expenditures by the State for transportation planning under sections 134 and 135 will exceed 75 percent of

the funds described in paragraph (1); and

(B) the Secretary accepts the certification of the State.

(3) NONAPPLICABILITY OF ASSESSMENT.—Funds expended

under paragraph (1) shall not be considered to be part of the

extramural budget of the agency for the purpose of section 9 of

the Small Business Act (15 U.S.C. 638).
336

(c) FEDERAL SHARE.—The Federal share of the cost of a project

carried out using funds subject to subsection (a) shall be the share

applicable under section 120(b), as adjusted under subsection (d) of

that section.

(d) ADMINISTRATION OF SUMS.—Funds subject to subsection (a)

shall be—

(1) combined and administered by the Secretary as a single

fund; and

(2) available for obligation for the period described in section 118(b)(2).

(e) ELIGIBLE USE OF STATE PLANNING AND RESEARCH FUNDS.— A State, in coordination with the Secretary, may obligate funds

made available to carry out this section for any purpose authorized

under section 506(a).

§ 506. International highway transportation outreach program

(a) ESTABLISHMENT.—The Secretary may establish an international highway transportation outreach program—

(1) to inform the United States highway community of technological innovations in foreign countries that could significantly improve highway transportation in the United States;

(2) to promote United States highway transportation expertise, goods, and services in foreign countries; and

(3) to increase transfers of United States highway transportation technology to foreign countries.

(b) ACTIVITIES.—Activities carried out under the program may

include—

(1) the development, monitoring, assessment, and dissemination in the United States of information about highway

transportation innovations in foreign countries that could significantly improve highway transportation in the United States;

(2) research, development, demonstration, training, and

other forms of technology transfer and exchange;

(3) the provision to foreign countries, through participation

in trade shows, seminars, expositions, and other similar activities, of information relating to the technical quality of United

States highway transportation goods and services;

(4) the offering of technical services of the Federal Highway

Administration that cannot be readily obtained from private

sector firms in the United States for incorporation into the proposals of those firms undertaking highway transportation

projects outside the United States, if the costs of the technical

services will be recovered under the terms of the project;

(5) the conduct of studies to assess the need for, or feasibility of, highway transportation improvements in foreign countries; and

(6) the gathering and dissemination of information on foreign transportation markets and industries.

(c) COOPERATION.—The Secretary may carry out this section in

cooperation with any appropriate—

(1) Federal, State, or local agency;

(2) authority, association, institution, or organization;

(3) for-profit or nonprofit corporation;

(4) national or international entity;
337

(5) foreign country; or

(6) person.

(d) FUNDS.— (1) CONTRIBUTIONS.—Funds available to carry out this section shall include funds deposited by any cooperating organization or person into a special account of the Treasury established

for this purpose.

(2) ELIGIBLE USES OF FUNDS.—The funds deposited into the

account, and other funds available to carry out this section,

shall be available to cover the cost of any activity eligible under

this section, including the cost of—

(A) promotional materials;

(B) travel;

(C) reception and representation expenses; and

(D) salaries and benefits.

(3) REIMBURSEMENTS FOR SALARIES AND BENEFITS.—Reimbursements for salaries and benefits of Department of Transportation employees providing services under this section shall be

credited to the account.

(e) REPORT—For each fiscal year, the Secretary shall submit to

the Committee on Environment and Public Works of the Senate and

the Committee on Transportation and Infrastructure of the House of

Representatives a report that describes the destinations and individual trip costs of international travel conducted in carrying out

activities described in this section.

§ 507. Surface transportation-environmental cooperative research

program

(a) IN GENERAL.—The Secretary shall establish and carry out

a surface transportation-environmental cooperative research program.

(b) CONTENTS.—The program carried out under this section

may include research—

(1) to develop more accurate models for evaluating transportation control measures and transportation system designs

that are appropriate for use by State and local governments (including metropolitan planning organizations) in designing implementation plans to meet Federal, State, and local environmental requirements;

(2) to improve understanding of the factors that contribute

to the demand for transportation;

(3) to develop indicators of economic, social, and environmental performance of transportation systems to facilitate analysis of potential alternatives;

(4) to meet additional priorities as determined by the Secretary in the strategic planning process under section 508; and

(5) to refine, through the conduct of workshops, symposia,

and panels, and in consultation with stakeholders (including

the Department of Energy, the Environmental Protection Agency, and other appropriate Federal and State agencies and associations) the scope and research emphases of the program.

(c) PROGRAM ADMINISTRATION.—The Secretary shall—

(1) administer the program established under this section;

and
338

(2) ensure, to the maximum extent practicable, that—

(A) the best projects and researchers are selected to conduct research in the priority areas described in subsection

(b)—

(i) on the basis of merit of each submitted proposal; and

(ii) through the use of open solicitations and selection by a panel of appropriate experts;

(B) a qualified, permanent core staff with the ability

and expertise to manage a large multiyear budget is used;

(C) the stakeholders are involved in the governance of

the program, at the executive, overall program, and technical levels, through the use of expert panels and committees; and

(D) there is no duplication of research effort between

the program established under this section and the new

strategic highway research program established under section 509.

(d) NATIONAL ACADEMY OF SCIENCES.—The Secretary may

make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out such activities relating to

the research, technology, and technology transfer activities described

in subsections (b) and (c) as the Secretary determines to be appropriate.

§ 508. Surface transportation research technology deployment and

strategic planning

(a) PLANNING.—

(1) ESTABLISHMENT.—The Secretary shall—

(A) establish, in accordance with section 306 of title 5,

a strategic planning process that—

(i) enhances effective implementation of this section

through the establishment in accordance with paragraph (2) of the Surface Transportation Research Technology Advisory Committee; and

(ii) focuses on surface transportation research

funded through paragraphs (1), (2), (4), and (5) of section 2001(a) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005, taking into

consideration national surface transportation system

needs and intermodality requirements;

(B) coordinate Federal surface transportation research,

technology development, and deployment activities;

(C) at such intervals as are appropriate and practicable, measure the results of those activities and the ways

in which the activities affect the performance of the surface

transportation systems of the United States; and

(D) ensure, to the maximum extent practicable, that

planning and reporting activities carried out under this

section are coordinated with all other surface transportation planning and reporting requirements.

(2) SURFACE TRANSPORTATION RESEARCH TECHNOLOGY ADVISORY COMMITTEE.—
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(A) ESTABLISHMENT.—Not later than 90 days after the

date of enactment of the Safe, Accountable, Flexible, and

Efficient Transportation Equity Act of 2005, the Secretary

shall establish a committee to be known as the ‘Surface

Transportation Research Technology Advisory Committee’

(referred to in this section as the ‘Committee’).

(B) MEMBERSHIP.—The Committee shall be composed

of 12 members appointed by the Secretary—

(i) each of which shall have expertise in a particular area relating to Federal surface transportation

programs, including—

(I) safety;

(II) operations;

(III) infrastructure (including pavements and

structures);

(IV) planning and environment;

(V) policy; and

(VI) asset management; and

(ii) of which—

(I) 3 members shall be individuals representing the Federal Government;

(II) 3 members—

(aa) shall be exceptionally qualified to

serve on the Committee, as determined by the

Secretary, based on education, training, and

experience; and

(bb) shall not be officers or employees of

the United States;

(III) 3 members—

(aa) shall represent the transportation industry (including the pavement industry); and

(bb) shall not be officers or employees of

the United States; and

(IV) 3 members shall represent State transportation departments from 3 different geographical

regions of the United States.

(C) MEETINGS.—The advisory subcommittees shall

meet on a regular basis, but not less than twice each year.

(D) DUTIES.—The Committee shall provide to the Secretary, on a continuous basis, advice and guidance relating

to—

(i) the determination of surface transportation research priorities;

(ii) the improvement of the research planning and

implementation process;

(iii) the design and selection of research projects;

(iv) the review of research results;

(v) the planning and implementation of technology

transfer activities and

(vi) the formulation of the surface transportation

research and technology deployment and deployment

strategic plan required under subsection (c).

(E) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated from the Highway Trust Fund
340

(other than the Mass Transit Account) to carry out this

paragraph $178,616 for each fiscal year.

(b) IMPLEMENTATION.—The Secretary shall—

(1) provide for the integrated planning, coordination, and

consultation among the operating administrations of the Department of Transportation, all other Federal agencies with responsibility for surface transportation research and technology

development, State and local governments, institutions of higher education, industry, and other private and public sector organizations engaged in surface transportation-related research

and development activities; and

(2) ensure that the surface transportation research and

technology development programs of the Department do not duplicate other Federal, State, or private sector research and development programs.

(c) SURFACE TRANSPORTATION RESEARCH AND TECHNOLOGY DE- PLOYMENT STRATEGIC PLAN.— (1) IN GENERAL.—After receiving, and based on, extensive

consultation and input from stakeholders representing the

transportation community and the Surface Transportation Research Advisory Committee, the Secretary shall, not later than

1 year after the date of enactment of the Safe, Accountable,

Flexible, and Efficient Transportation Equity Act of 2005, complete, and shall periodically update thereafter, a strategic plan

for each of the core surface transportation research areas,

including—

(A) safety;

(B) operations;

(C) infrastructure (including pavements and structures);

(D) planning and environment;

(E) policy; and

(F) asset management.

(2) COMPONENTS.—The strategic plan shall specify—

(A) surface transportation research objectives and priorities;

(B) specific surface transportation research projects to

be conducted;

(C) recommended technology transfer activities to promote the deployment of advances resulting from the surface

transportation research conducted; and

(D) short- and long-term technology development and

deployment activities.

(3) REVIEW AND SUBMISSION OF FINDINGS.—The Secretary

shall enter into a contract with the Transportation Research

Board of the National Academy of Sciences, on behalf of the Research and Technology Coordinating Committee of the National

Research Council, under which—

(A) the Transportation Research Board shall—

(i) review the research and technology planning

and implementation process used by Federal Highway

Administration; and

(ii) evaluate each of the strategic plans prepared

under this subsection—
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(I) to ensure that sufficient stakeholder input

is being solicited and considered throughout the

preparation process; and

(II) to offer recommendations relevant to research priorities, project selection, and deployment

strategies; and

(B) the Secretary shall ensure that the Research and

Technology Coordinating Committee, in a timely manner,

informs the Committee on Environment and Public Works

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the findings

of the review and evaluation under subparagraph (A).

(4) RESPONSES OF SECRETARY.—Not later than 60 days

after the date of completion of the strategic plan under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on

Transportation and Infrastructure of the House of Representatives written responses to each of the recommendations of the

Research and Technology Coordinating Committee under paragraph (3)(A)(ii)(II).

(d) CONSISTENCY WITH GOVERNMENT PERFORMANCE AND RESULTS ACT OF 1993.—The plans and reports developed under this section shall

be consistent with and incorporated as part of the plans developed under section 306

of title 5 and sections 1115 and 1116 of title 31.

§ 509. New strategic highway research program

(a) IN GENERAL.—The National Research Council shall establish and carry out, through fiscal year 2009, a new strategic highway research program.

(b) BASIS; PRIORITIES.—With respect to the program established

under subsection (a)—

(1) the program shall be based on—

(A) National Research Council Special Report No. 260,

entitled ‘Strategic Highway Research’; and

(B) the results of the detailed planning work subsequently carried out to scope the research areas through National Cooperative Research Program Project 20–58.

(2) the scope and research priorities of the program shall—

(A) be refined through stakeholder input in the form of

workshops, symposia, and panels; and

(B) include an examination of—

(i) the roles of highway infrastructure, drivers, and

vehicles in fatalities on public roads;

(ii) high-risk areas and activities associated with

the greatest numbers of highway fatalities;

(iii) the roles of various levels of government agencies and non-governmental organizations in reducing

highway fatalities (including recommendations for

methods of strengthening highway safety partnerships);

(iv) measures that may save the greatest number of

lives in the short- and long-term;

(v) renewal of aging infrastructure with minimum

impact on users of facilities;
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(vi) driving behavior and likely crash causal factors to support improved countermeasures;

(vii) reduction in congestion due to nonrecurring

congestion;

(viii) planning and designing of new road capacity

to meet mobility, economic, environmental, and community needs;

(3) the program shall consider, at a minimum, the results

of studies relating to the implementation of the Strategic Highway Safety Plan prepared by the American Association of State

Highway and Transportation Officials; and

(4) the research results of the program, expressed in terms

of technologies, methodologies, and other appropriate categorizations, shall be disseminated to practicing engineers as

soon as practicable for their use.

(c) PROGRAM ADMINISTRATION.—In carrying out the program

under this section, the National Research Council shall ensure, to

the maximum extent practicable, that—

(1) the best projects and researchers are selected to conduct

research for the program and priorities described in subsection

(b)—

(A) on the basis of the merit of each submitted proposal; and

(B) through the use of open solicitations and selection

by a panel of appropriate experts;

(2) the National Research Council acquires a qualified, permanent core staff with the ability and expertise to manage a

large research program and multiyear budget;

(3) the stakeholders are involved in the governance of the

program, at the executive, overall program, and technical levels,

through the use of expert panels and committees; and

(4) there is no duplication of research effort between the

program established under this section and the surface transportation-environment cooperative research program established

under section 507 or any other research effort of the Department.

(d) NATIONAL ACADEMY OF SCIENCES.—The Secretary may

make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out such activities relating to

research, technology, and technology transfer described in subsections (b) and (c) as the Secretary determines to be appropriate.

(e) REPORT ON IMPLEMENTATION OF RESULTS.—

(1) IN GENERAL.—Not later than October 1, 2007, the Secretary shall enter into a contract with the Transportation Research Board of the National Academy of Sciences under which

the Transportation Research Board shall complete a report on

the strategies and administrative structure to be used for implementation of the results of new strategic highway research program.

(2) COMPONENTS.—The report under paragraph (1) shall

include, with respect to the new strategic highway research

program—
343

(A) an identification of the most promising results of

research under the program (including the persons most

likely to use the results);

(B) a discussion of potential incentives for, impediments to, and methods of, implementing those results;

(C) an estimate of costs that would be incurred in expediting implementation of those results; and

(D) recommendations for the way in which implementation of the results of the program under this section

should be conducted, coordinated, and supported in future

years, including a discussion of the administrative structure and organization best suited to carry out those responsibilities.

(3) CONSULTATION.—In developing the report, the Transportation Research Board shall consult with a wide variety of

stakeholders, including—

(A) the American Association of State highway Officials;

(B) the Federal Highway Administration; and

(C) the Surface Transportation Research Technology

Advisory Committee.

(4) SUBMISSION.—Not later than February 1, 2009, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives the report

under this subsection.

§ 510. University transportation centers

(a) CENTERS.— (1) IN GENERAL.—During fiscal year 2005, the Secretary

shall provide grants to 40 nonprofit institutions of higher learning (or consortia of institutions of higher learning) to establish

centers to address transportation design, management, research, development, and technology matters, especially the education and training of greater numbers of individuals to enter

into the professional field of transportation.

(2) DISTRIBUTION OF CENTERS.—Not more than 1 university

transportation center (or lead university in a consortia of institutions of higher learning), other than a center or university selected through a competitive process, may be located in any

State.

(3) IDENTIFICATION OF CENTERS.—The university transportation centers established under this section shall—

(A) comply with applicable requirements under subsection (c); and

(B) be located at the institutions of higher learning

specified in paragraph (4).

(4) IDENTIFICATION OF GROUPS.—For the purpose of making

grants under this subsection, the following grants are identified:

(A) GROUP A.—Group A shall consist of the 10 regional

centers selected under subsection (b).

(B) GROUP B.—Group B shall consist of the following:

(i) ƒ≈.
344

(ii) ƒ≈. (iii) ƒ≈. (iv) ƒ≈. (v) ƒ≈. (vi) ƒ≈. (vii) ƒ≈. (viii) ƒ≈

(ix) ƒ≈. (x) ƒ≈. (xi) ƒ≈. (C) GROUP C.—Group C shall consist of the following:

(i) ƒ≈. (ii) ƒ≈. (iii) ƒ≈. (iv) ƒ≈. (v) ƒ≈. (vi) ƒ≈. (vii) ƒ≈. (viii) ƒ≈. (ix) ƒ≈. (x) ƒ≈. (xi) ƒ≈. (D) GROUP D.—Group D shall consist of the following:

(i) ƒ≈. (ii) ƒ≈. (iii) ƒ≈. (iv) ƒ≈. (v) ƒ≈. (vi) ƒ≈. (vii) ƒ≈. (viii) ƒ≈. (b) REGIONAL CENTERS.— (1) IN GENERAL.—Not later than September 30, 2005, the

Secretary shall provide to nonprofit institutions of higher learning (or consortia of institutions of higher learning) grants to be

used during the period of fiscal years 2005 through 2009 to establish and operate 1 university transportation center in each

of the 10 Federal regions that comprise the Standard Federal

Regional Boundary System.

(2) SELECTION OF REGIONAL CENTERS.—

(A) PROPOSALS.—In order to be eligible to receive a

grant under this subsection, an institution described in

paragraph (1) shall submit to the Secretary a proposal, in

response to any request for proposals that shall be made by

the Secretary, that is in such form and contains such information as the Secretary shall prescribe.

(B) REQUEST SCHEDULE.—The Secretary shall request

proposals once for the period of fiscal years 2005 and 2006

and once for the period of fiscal years 2007 through 2009.

(C) ELIGIBILITY.—Any institution of higher learning (or

consortium of institutions of higher learning) that meets the

criteria described in subsection (c) (including any institution identified in subsection (a)(4)) may apply for a grant

under this subsection.
345

(D) SELECTION CRITERIA.—The Secretary shall select

each recipient of a grant under this subsection through a

competitive process on the basis of—

(i) the location of the center within the Federal region to be served;

(ii) the demonstrated research capabilities and extension resources available to the recipient to carry out

this section;

(iii) the capability of the recipient to provide leadership in making national and regional contributions

to the solution of immediate and long-range transportation problems;

(iv) the demonstrated ability of the recipient to disseminate results of transportation research and education programs through a statewide or regionwide

continuing education program; and

(v) the strategic plan that the recipient proposes to

carry out using funds from the grant.

(E) SELECTION PROCESS.—In selecting the recipients of

grants under this subsection, the Secretary shall consult

with, and consider the advice of—

(i) the Research and Special Programs Administration;

(ii) the Federal Highway Administration; and

(iii) the Federal Transit Administration.

(c) CENTER REQUIREMENTS.—

(1) IN GENERAL.—With respect to a university transportation center established under subsection (a) or (b), the institution or consortium that receives a grant to establish the center—

(A) shall annually contribute at least $250,000 to the

operation and maintenance of the center, except that payment by the institution or consortium of the salary required

for transportation-related faculty and staff for a period

greater than 90 days may not be counted against that contribution;

(B) shall have established, as of the date of receipt of

the grant, undergraduate or graduate programs in—

(i) civil engineering;

(ii) transportation engineering;

(iii) transportation systems management and operations; or

(iv) any other field significantly related to surface

transportation systems, as determined by the Secretary;

and

(C) not later than 120 days after the date on which the

institution or consortium receives notice of selection as a

site for the establishment of a university transportation center under this section, shall submit to the Secretary a 6-

year program plan for the university transportation center

that includes, with respect to the center—

(i) a description of the purposes of programs to be

conducted by the center;
346

(ii) a description of the undergraduate and graduate transportation education efforts to be carried out

by the center;

(iii) a description of the nature and scope of research to be conducted by the center;

(iv) a list of personnel, including the roles and responsibilities of those personnel within the center; and

(v) a detailed budget, including the amount of contributions by the institution or consortium to the center; and

(D) shall establish an advisory committee that—

(i) is composed of a representative from each of the

State transportation department of the State in which

the institution or consortium is located, the Department

of Transportation, and the institution or consortia, as

appointed by those respective entities;

(ii) in accordance with paragraph (2), shall review

and approve or disapprove the plan of the institution

or consortium under subparagraph (C); and

(iii) shall, to the maximum extent practicable, ensure that the proposed research to be carried out by the

university transportation center will contribute to the

national highway research and technology agenda, as

periodically updated by the Secretary, in consultation

with stakeholders representing the highway community.

(2) PEER REVIEW.—

(A) IN GENERAL.—The Secretary shall require peer review for each report on research carried out using funds

made available for this section.

(B) PURPOSES OF PEER REVIEW.—Peer review of a report under this section shall be carried out to evaluate—

(i) the relevance of the research described in the report with respect to the strategic plan under, and the

goals of, this section;

(ii) the research covered by the report, and to recommend modifications to individual project plans;

(iii) the results of the research before publication of

those results; and

(iv) the overall outcomes of the research.

(C) INTERNET AVAILABILITY.—Each report under this

section that is received by the Secretary shall be

published—

(i) by the Secretary, on the Internet website of the

Department of Transportation; and

(ii) by the University Transportation Center.

(3) APPROVAL OF PLANS—A plan of an institution or consortium described in paragraph (1)(C) shall not be submitted to

the Secretary until such time as the advisory committee established under paragraph (1)(D) reviews and approves the plan.

(4) FAILURE TO COMPLY.—If a recipient of a grant under

this subsection fails to submit a program plan acceptable to the

Secretary and in accordance with paragraph (1)(C)—
347

(A) the recipient shall forfeit the grant and the selection

of the recipient as a site for the establishment of a university transportation center; and

(B) the Secretary shall select a replacement recipient

for the forfeited grant.

(5) APPLICABILITY.—This subsection does not apply to any

research funds received in accordance with a competitive contract offered and entered into by the Federal Highway Administration.

(d) OBJECTIVES.—Each university transportation center established under subsection (a) or (b) shall carry out—

(1) undergraduate or graduate education programs that

include—

(A) multidisciplinary coursework; and

(B) opportunities for students to participate in research;

(2) basic and applied research, the results and products of

which shall be judged by peers or other experts in the field so

as to advance the body of knowledge in transportation; and

(3) an ongoing program of technology transfer that makes

research results available to potential users in such form as will

enable the results to be implemented, used, or otherwise applied.

(e) MAINTENANCE OF EFFORT.—To be eligible to receive a grant

under this section, an applicant shall—

(1) enter into an agreement with the Secretary to ensure

that the applicant will maintain total expenditures from all

other sources to establish and operate a university transportation center and related educational and research activities at

a level that is at least equal to the average level of those expenditures during the 2 fiscal years before the date on which the

grant is provided;

(2) provide the annual institutional contribution required

under subsection (c)(1); and

(3) submit to the Secretary, in a timely manner, for use by

the Secretary in the preparation of the annual research report

under section 508(c)(5) of title 23, an annual report on the

projects and activities of the university transportation center for

which funds are made available under section 2001 of the Safe,

Accountable, Flexible, and Efficient Transportation Equity Act

of 2005 that contains, at a minimum, for the fiscal year covered

by the report, a description of—

(A) the goals of the center;

(B) the educational activities carried out by the center

(including a detailed summary of the budget for those educational activities);

(C) teaching activities of faculty at the center;

(D) each research project carried out by the center,

including—

(i) the identity and location of each investigator

working on a research project;

(ii) the overall funding amount for each research

project (including the amounts expended for the project

as of the date of the report);
348

(iii) the current schedule for each research project;

and

(iv) the results of each research project through the

date of submission of the report, with particular emphasis on results for the fiscal year covered by the report; and

(E) overall technology transfer and implementation efforts of the center.

(f) PROGRAM COORDINATION.—The Secretary shall—

(1) coordinate the research, education, training, and technology transfer activities carried out by recipients of grants

under this section; and

(2) establish and operate a clearinghouse for, and disseminate, the results of those activities.

(g) FUNDING.— (1) NUMBER AND AMOUNT OF GRANTS.—The Secretary shall

make the following grants under this subsection:

(A) GROUP A.—For each of fiscal years 2005 through

2009, the Secretary shall make a grant in the amount of

$893,082 to each of the institutions in group A (as described in subsection (a)(4)(A)).

(B) GROUP B.—The Secretary shall make a grant to

each of the institutions in group B (as described in subsection (a)(4)(B)) in the amount of— (i) $357,240 for fiscal year 2005; and

(ii) $535,860 for each of fiscal years 2006 and

2007.

(C) GROUP C.—For each of fiscal years 2005 through

2007, the Secretary shall make a grant in the amount of

$893,082 to each of the institutions in group C (as described in subsection (a)(4)(C)).

(D) GROUP D.—For each of fiscal years 2005 through

2009, the Secretary shall make a grant in the amount of

$1,786,164 to each of the institutions in group D (as described in subsection (a)(4)(D)).

(E) LIMITED GRANTS FOR GROUPS B AND C.—For each

of fiscal years 2008 and 2009, of the institutions classified

in groups B and C (as described in subsection (a)(4)(B)),

the Secretary shall select and make grants in an amount

totaling $35,724,000 to not more than 15 institutions.

(2) USE OF FUNDS—

(A) IN GENERAL.—Of the funds made available for a

fiscal year to a university transportation center established

under subsection (a) or (b)—

(i) not less than $250,000 shall be used to establish

and maintain new faculty positions for the teaching of

undergraduate, transportation-related courses;

(ii) not more than $500,000 for the fiscal year, or $1,000,000 in the aggregate, may be used to construct

or improve transportation-related laboratory facilities;

and

(iii) not more than $300,000 for the fiscal year may

be used for student internships of not more than 180

days in duration to enable students to gain experience
349

by working on transportation projects as interns with

design or construction firms.

(B) FACILITIES AND ADMINISTRATION FEE.—Not more

than 10 percent of any grant made available to a university

transportation center (or any institution or consortium that

establishes such a center) for a fiscal year may be used to

pay to the appropriate nonprofit institution of higher learning any administration and facilities fee (or any similar

overhead fee) for the fiscal year.

(3) LIMITATION ON AVAILABILITY OF FUNDS.—Funds made

available under this subsection shall remain available for obligation for a period of 2 years after September 30 of the fiscal

year for which the funds are authorized.

§ 511. Multistate corridor operations and management

(a) IN GENERAL.—The Secretary shall encourage multistate cooperative agreements, coalitions, or other arrangements to promote

regional cooperation, planning, and shared project implementation

for programs and projects to improve transportation system management and operations.

(b) INTERSTATE ROUTE I–95 CORRIDOR COALITION TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.—

(1) IN GENERAL.—The Secretary shall make grants under

this subsection to States to continue intelligent transportation

system management and operations in the Interstate Route I–

95 corridor coalition region initiated under the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–

240).

(2) FUNDING.—Of the amounts made available under section 2001(a)(4) of the Safe, Accountable, Flexible, and Efficient

Transportation Equity Act of 2005, the Secretary shall use to

carry out this subsection—

(A) $8,930,818 for fiscal year 2005;

(B) $10,716,981 for fiscal year 2006;

(C) $10,716,981 for fiscal year 2007;

(D) $10,716,981 for fiscal year 2008; and

(E) $10,716,981 for fiscal year 2009.

§ 512. Transportation analysis simulation system

(a) CONTINUATION OF TRANSIMS DEVELOPMENT.—

(1) IN GENERAL.—The Secretary shall continue the deployment of the advanced transportation model known as the

‘Transportation Analysis Simulation System’ (referred to in this

section as ‘TRANSIMS’) developed by the Los Alamos National

Laboratory.

(2) REQUIREMENTS AND CONSIDERATIONS.—In carrying out

paragraph (1), the Secretary shall—

(A) further improve TRANSIMS to reduce the cost and

complexity of using the TRANSIMS;

(B) continue development of TRANSIMS for applications to facilitate transportation planning, regulatory compliance, and response to natural disasters and other transportation disruptions; and
350

(C) assist State transportation departments and metropolitan planning organizations, especially smaller metropolitan planning organizations, in the implementation of

TRANSIMS by providing training and technical assistance.

(b) ELIGIBLE ACTIVITIES.—The Secretary shall use funds made

available to carry out this section—

(1) to further develop TRANSIMS for additional applications, including—

(A) congestion analyses;

(B) major investment studies;

(C) economic impact analyses;

(D) alternative analyses;

(E) freight movement studies;

(F) emergency evacuation studies;

(G) port studies; and

(H) airport access studies;

(2) provide training and technical assistance with respect to

the implementation and application of TRANSIMS to States,

local governments, and metropolitan planning organizations

with responsibility for travel modeling;

(3) develop methods to simulate the national transportation

infrastructure as a single, integrated system for the movement

of individuals and goods;

(4) provide funding to State transportation departments

and metropolitan planning organizations for implementation of

TRANSIMS.

(c) ALLOCATION OF FUNDS.—Of the funds made available to

carry out this section for each fiscal year, not less than 15 percent

shall be allocated for activities described in subsection (b)(3).

(d) FUNDING.—Of the amounts made available under section

2001(a) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 for each of fiscal years 2005 through 2009,

the Secretary shall use $893,082 to carry out this section.

(e) AVAILABILITY OF FUNDS.—Funds made available under this

section shall be available to the Secretary through the Transportation Planning, Research, and Development Account of the Office

of the Secretary.

SUBCHAPTER II—INTELLIGENT TRANSPORTATION SYSTEM

RESEARCH AND TECHNICAL ASSISTANCE PROGRAM

§ 521. Finding

Congress finds that continued investment in architecture and

standards development, research, technical assistance for State and

local governments, and systems integration is needed to accelerate

the rate at which intelligent transportation systems—

(1) are incorporated into the national surface transportation network; and

(2) as a result of that incorporation, improve transportation

safety and efficiency and reduce costs and negative impacts on

communities and the environment.
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§ 522. Goals and purposes

(a) GOALS.—The goals of the intelligent transportation system

research and technical assistance program include—

(1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade—

(A) to meet a significant portion of future transportation needs, including public access to employment, goods,

and services; and

(B) to reduce regulatory, financial, and other transaction costs to public agencies and system users;

(2) the acceleration of the use of intelligent transportation

systems to assist in the achievement of national transportation

safety goals, including the enhancement of safe operation of

motor vehicles and nonmotorized vehicles, with particular emphasis on decreasing the number and severity of collisions;

(3) protection and enhancement of the natural environment

and communities affected by surface transportation, with particular emphasis on assisting State and local governments in

achieving national environmental goals;

(4) accommodation of the needs of all users of surface

transportation systems, including—

(A) operators of commercial vehicles, passenger vehicles, and motorcycles;

(B) users of public transportation users (with respect to

intelligent transportation system user services); and

(C) individuals with disabilities; and

(5)(A) improvement of the ability of the United States to respond to emergencies and natural disasters; and

(B) enhancement of national security and defense mobility.

(b) PURPOSES.—The Secretary shall carry out activities under

the intelligent transportation system research and technical assistance program to, at a minimum—

(1) assist in the development of intelligent transportation

system technologies;

(2) ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for full consideration in the transportation planning process;

(3) improve regional cooperation, interoperability, and operations for effective intelligent transportation system performance;

(4) promote the innovative use of private resources;

(5) assist State transportation departments in developing a

workforce capable of developing, operating, and maintaining intelligent transportation systems;

(6) maintain an updated national ITS architecture and

consensus-based standards while ensuring an effective Federal

presence in the formulation of domestic and international ITS

standards;

(7) advance commercial vehicle operations components of

intelligent transportation systems—

(A) to improve the safety and productivity of commercial vehicles and drivers; and
352

(B) to reduce costs associated with commercial vehicle

operations and Federal and State commercial vehicle regulatory requirements;

(8) evaluate costs and benefits of intelligent transportation

systems projects;

(9) improve, as part of the Archived Data User Service and

in cooperation with the Bureau of Transportation Statistics, the

collection of surface transportation system condition and performance data through the use of intelligent transportation system technologies; and

(10) ensure access to transportation information and services by travelers of all ages.

§ 523. Definitions

In this subchapter:

(1) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET- WORKS.—The term ‘commercial vehicle information systems and

networks’ means the information systems and communications

networks that support commercial vehicle operations.

(2) COMMERCIAL VEHICLE OPERATIONS.— (A) IN GENERAL.—The term ‘commercial vehicle operations’ means motor carrier operations and motor vehicle

regulatory activities associated with the commercial movement of goods (including hazardous materials) and passengers.

(B) INCLUSIONS.—The term ‘commercial vehicle operations’, with respect to the public sector, includes—

(i) the issuance of operating credentials;

(ii) the administration of motor vehicle and fuel

taxes; and

(iii) roadside safety and border crossing inspection

and regulatory compliance operations.

(3) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—The

term ‘intelligent transportation infrastructure’ means fully integrated public sector intelligent transportation system components, as defined by the Secretary.

(4) INTELLIGENT TRANSPORTATION SYSTEM.—The term ‘intelligent transportation system’ means electronics, communications, or information processing used singly or in combination

to improve the efficiency or safety of a surface transportation

system.

(5) NATIONAL ITS ARCHITECTURE.—The term ‘national ITS

architecture’ means the common framework for interoperability

adopted by the Secretary that defines—

(A) the functions associated with intelligent transportation system user services;

(B) the physical entities or subsystems within which

the functions reside;

(C) the data interfaces and information flows between

physical subsystems; and

(D) the communications requirements associated with

the information flows.

(6) STANDARD.—The term ‘standard’ means a document

that—
353

(A) contains technical specifications or other precise

criteria for intelligent transportation systems that are to be

used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for their purposes; and

(B) may—

(i) support the national ITS architecture; and

(ii) promote—

(I) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the

United States; and

(II) interoperability among intelligent transportation system technologies implemented

throughout the States.

§ 524. General authorities and requirements

(a) SCOPE.—Subject to this subchapter, the Secretary shall

carry out an ongoing intelligent transportation system research

program—

(1) to research, develop, and operationally test intelligent

transportation systems; and

(2) to provide technical assistance in the nationwide application of those systems as a component of the surface transportation systems of the United States.

(b) POLICY.—Intelligent transportation system operational tests

and projects funded under this subchapter shall encourage, but not

displace, public-private partnerships or private sector investment in

those tests and projects.

(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, AND EDUCATIONAL ENTITIES.—The Secretary shall carry out the intelligent

transportation system research and technical assistance program in

cooperation with—

(1) State and local governments and other public entities;

(2) the private sector;

(3) Federal laboratories (as defined in section 501); and

(4) colleges and universities, including historically black

colleges and universities and other minority institutions of

higher education.

(d) CONSULTATION WITH FEDERAL OFFICIALS.—In carrying out

the intelligent transportation system research program, the Secretary, as appropriate, shall consult with—

(1) the Secretary of Commerce;

(2) the Secretary of the Treasury;

(3) the Administrator of the Environmental Protection

Agency;

(4) the Director of the National Science Foundation; and

(5) the Secretary of Homeland Security.

(e) TECHNICAL ASSISTANCE, TRAINING, AND INFORMATION.—The

Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate,

maintain, or evaluate intelligent transportation system technologies

and services.
354

(f) TRANSPORTATION PLANNING.—The Secretary may provide

funding to support adequate consideration of transportation system

management and operations (including intelligent transportation

systems) within metropolitan and statewide transportation planning

processes.

(g) INFORMATION CLEARINGHOUSE.—The Secretary shall—

(1) maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out

under this subchapter; and

(2) on request, make that information (except for proprietary information and data) readily available to all users of the

repository at an appropriate cost.

(h) ADVISORY COMMITTEES.— (1) IN GENERAL.—In carrying out this subchapter, the

Secretary—

(A) may use 1 or more advisory committees; and

(B) shall designate a public-private organization, the

members of which participate in on-going research, planning, standards development, deployment, and marketing

of ITS programs, products, and services, and coordinate the

development and deployment of intelligent transportation

systems in the United States, as the Federal advisory committee authorized by section 5204(h) of the Transportation

Equity Act for the 21st Century (112 Stat. 454).

(2) FUNDING.—Of the amount made available to carry out this subchapter, the Secretary may use $1,339,623 for each fiscal year for advisory committees described in paragraph (1).

(3) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— Any advisory committee described in paragraph (1) shall be

subject to the Federal Advisory Committee Act (5 U.S.C. App.).

(i) PROCUREMENT METHODS.—The Secretary shall develop and

provide appropriate technical assistance and guidance to assist

State and local agencies in evaluating and selecting appropriate

methods of deployment and procurement for intelligent transportation system projects carried out using funds made available from

the Highway Trust Fund, including innovative and nontraditional

methods such as Information Technology Omnibus Procurement (as

developed by the Secretary).

(j) EVALUATIONS.—

(1) GUIDELINES AND REQUIREMENTS.—

(A) IN GENERAL.—The Secretary shall issue revised

guidelines and requirements for the evaluation of operational tests and other intelligent transportation system

projects carried out under this subchapter.

(B) OBJECTIVITY AND INDEPENDENCE.—The guidelines

and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence

of the evaluator so as to avoid any real or apparent conflict

of interest or potential influence on the outcome by—

(i) parties to any such test; or

(ii) any other formal evaluation carried out under

this subchapter.

(C) FUNDING.—The guidelines and requirements issued

under subparagraph (A) shall establish evaluation funding
355

levels based on the size and scope of each test that ensure

adequate evaluation of the results of the test or project.

(2) SPECIAL RULE.—Any survey, questionnaire, or interview

that the Secretary considers necessary to carry out the evaluation of any test or program assessment activity under this subchapter shall not be subject to chapter 35 of title 44.

§ 525. National ITS Program Plan

(a) IN GENERAL.—

(1) UPDATES.—Not later than 1 year after the date of enactment of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005, the Secretary, in consultation with

interested stakeholders (including State transportation departments) shall develop a 5-year National ITS Program Plan.

(2) SCOPE.—The National ITS Program Plan shall—

(A) specify the goals, objectives, and milestones for the

research and deployment of intelligent transportation systems in the contexts of—

(i) major metropolitan areas;

(ii) smaller metropolitan and rural areas; and

(iii) commercial vehicle operations;

(B) specify the manner in which specific programs and

projects will achieve the goals, objectives, and milestones

referred to in subparagraph (A), including consideration of

a 5-year timeframe for the goals and objectives;

(C) identify activities that provide for the dynamic development, testing, and necessary revision of standards and

protocols to promote and ensure interoperability in the implementation of intelligent transportation system technologies, including actions taken to establish standards;

and

(D) establish a cooperative process with State and local

governments for—

(i) determining desired surface transportation system performance levels; and

(ii) developing plans for accelerating the incorporation of specific intelligent transportation system capabilities into surface transportation systems.

(b) REPORTING.—The National ITS Program Plan shall be

transmitted and biennially updated as part of the surface transportation research and technology development strategic plan developed

under section 508(c).

§ 526. National ITS architecture and standards

(a) IN GENERAL.—

(1) DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE.—

In accordance with section 12(d) of the National Technology

Transfer and Advancement Act of 1995 (15 U.S.C. 272 note;

110 Stat. 783), the Secretary shall develop, implement, and

maintain a national ITS architecture and supporting standards

and protocols to promote the widespread use and evaluation of

intelligent transportation system technology as a component of

the surface transportation systems of the United States.
356

(2) INTEROPERABILITY AND EFFICIENCY.—To the maximum

extent practicable, the national ITS architecture shall promote

interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United

States.

(3) USE OF STANDARDS DEVELOPMENT ORGANIZATIONS.—In

carrying out this section, the Secretary shall use the services of

such standards development organizations as the Secretary determines to be appropriate.

(b) PROVISIONAL STANDARDS.—

(1) IN GENERAL.—If the Secretary finds that the development or selection of an intelligent transportation system standard jeopardizes the timely achievement of the objectives identified in subsection (a), the Secretary may establish a provisional

standard—

(A) after consultation with affected parties; and

(B) by using, to the maximum extent practicable, the

work product of appropriate standards development organizations.

(2) CRITICAL STANDARDS.—If a standard identified by the

Secretary as critical has not been adopted and published by the

appropriate standards development organization by the date of

enactment of this subchapter, the Secretary shall establish a

provisional standard—

(A) after consultation with affected parties; and

(B) by using, to the maximum extent practicable, the

work product of appropriate standards development organizations.

(3) PERIOD OF EFFECTIVENESS.—A provisional standard established under paragraph (1) or (2) shall—

(A) be published in the Federal Register; and

(B) remain in effect until such time as the appropriate

standards development organization adopts and publishes

a standard.

(c) WAIVER OF REQUIREMENT TO ESTABLISH PROVISIONAL CRITICAL STANDARD.—

(1) IN GENERAL.—The Secretary may waive the requirement

under subsection (b)(2) to establish a provisional standard if

the Secretary determines that additional time would be productive in, or that establishment of a provisional standard would

be counterproductive to, the timely achievement of the objectives

identified in subsection (a).

(2) NOTICE.—The Secretary shall publish in the Federal

Register a notice that describes—

(A) each standard for which a waiver of the provisional

standard requirement is granted under paragraph (1);

(B) the reasons for and effects of granting the waiver;

and

(C) an estimate as to the date on which the standard

is expected to be adopted through a process consistent with

section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783).

(3) WITHDRAWAL OF WAIVER.—
357

(A) IN GENERAL.—The Secretary may withdraw a waiver granted under paragraph (1) at any time.

(B) NOTICE.—On withdrawal of a waiver, the Secretary

shall publish in the Federal Register a notice that

describes—

(i) each standard for which the waiver has been

withdrawn; and

(ii) the reasons for withdrawing the waiver.

(d) CONFORMITY WITH NATIONAL ITS ARCHITECTURE.— (1) IN GENERAL.—Except as provided in paragraphs (2) and

(3), the Secretary shall ensure that intelligent transportation

system projects carried out using funds made available from the

Highway Trust Fund conform to the national ITS architecture,

applicable standards or provisional standards, and protocols

developed under subsection (a).

(2) DISCRETION OF SECRETARY.—The Secretary may authorize exceptions to paragraph (1) for projects designed to achieve

specific research objectives outlined in—

(A) the National ITS Program Plan under section 525;

or

(B) the surface transportation research and technology

development strategic plan developed under section 508(c).

(3) EXCEPTIONS.—Paragraph (1) shall not apply to funds

used for operation or maintenance of an intelligent transportation system in existence on the date of enactment of this subchapter.

§ 527. Commercial vehicle information systems and networks deployment

(a) DEFINITIONS.—In this section:

(1) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET- WORKS.—The term ‘commercial vehicle information systems and

networks’ means the information systems and communications

networks that provide the capability to—

(A) improve the safety of commercial vehicle operations;

(B) increase the efficiency of regulatory inspection processes to reduce administrative burdens by advancing technology to facilitate inspections and increase the effectiveness of enforcement efforts;

(C) advance electronic processing of registration information, driver licensing information, fuel tax information,

inspection and crash data, and other safety information;

(D) enhance the safe passage of commercial vehicles

across the United States and across international borders;

and

(E) promote the communication of information among

the States and encourage multistate cooperation and corridor development.

(2) COMMERCIAL VEHICLE OPERATIONS.—

(A) IN GENERAL.—The term ‘commercial vehicle operations’ means motor carrier operations and motor vehicle

regulatory activities associated with the commercial movement of goods (including hazardous materials) and passengers.
358

(B) INCLUSIONS.—The term ‘commercial vehicle operations’, with respect to the public sector, includes—

(i) the issuance of operating credentials;

(ii) the administration of motor vehicle and fuel

taxes; and

(iii) the administration of roadside safety and border crossing inspection and regulatory compliance operations.

(3) CORE DEPLOYMENT.—The term ‘core deployment’ means

the deployment of systems in a State necessary to provide the

State with—

(A) safety information exchange to—

(i) electronically collect and transmit commercial

vehicle and driver inspection data at a majority of inspection sites;

(ii) connect to the Safety and Fitness Electronic

Records system for access to—

(I) interstate carrier and commercial vehicle

data;

(II) summaries of past safety performance; and

(III) commercial vehicle credentials information; and

(iii) exchange carrier data and commercial vehicle

safety and credentials information within the State

and connect to Safety and Fitness Electronic Records

system for access to interstate carrier and commercial

vehicle data;

(B) interstate credentials administration to—

(i)(I) perform end-to-end (including carrier application) jurisdiction application processing, and credential issuance, of at least the International Registration

Plan and International Fuel Tax Agreement credentials; and

(II) extend the processing to other credentials, including intrastate, titling, oversize or overweight requirements, carrier registration, and hazardous materials;

(ii) connect to the International Registration Plan

and International Fuel Tax Agreement clearinghouses;

and

(iii)(I) have at least 10 percent of the transaction

volume handled electronically; and

(II) have the capability to add more carriers and

to extend to branch offices where applicable; and

(C) roadside electronic screening to electronically screen

transponder-equipped commercial vehicles at a minimum

of 1 fixed or mobile inspection site and to replicate the

screening at other sites.

(4) EXPANDED DEPLOYMENT.—The term ‘expanded deployment’ means the deployment of systems in a State that—

(A) exceed the requirements of a core deployment of

commercial vehicle information systems and networks;

(B) improve safety and the productivity of commercial

vehicle operations; and
359

(C) enhance transportation security.

(b) PROGRAM.—The Secretary shall carry out a commercial vehicle information systems and networks program to—

(1) improve the safety and productivity of commercial vehicles and drivers; and

(2) reduce costs associated with commercial vehicle operations and Federal and State commercial vehicle regulatory requirements.

(c) PURPOSE.—It is the purpose of the program to advance the

technological capability and promote the deployment of intelligent

transportation system applications for commercial vehicle operations, including commercial vehicle, commercial driver, and carrier-specific information systems and networks.

(d) CORE DEPLOYMENT GRANTS.— (1) IN GENERAL.—The Secretary shall make grants to eligible States for the core deployment of commercial vehicle information systems and networks.

(2) ELIGIBILITY.—To be eligible for a core deployment grant

under this subsection, a State shall—

(A) have a commercial vehicle information systems and

networks program plan and a top level system design approved by the Secretary;

(B) certify to the Secretary that the commercial vehicle

information systems and networks deployment activities of

the State (including hardware procurement, software and

system development, and infrastructure modifications)—

(i) are consistent with the national intelligent

transportation systems and commercial vehicle information systems and networks architectures and available standards; and

(ii) promote interoperability and efficiency, to the

maximum extent practicable; and

(C) agree to execute interoperability tests developed by

the Federal Motor Carrier Safety Administration to verify

that the systems of the State conform with the national intelligent transportation systems architecture, applicable

standards, and protocols for commercial vehicle information systems and networks.

(3) AMOUNT OF GRANTS.—The maximum aggregate amount

a State may receive under this subsection for the core deployment of commercial vehicle information systems and networks

may not exceed $2,500,000, including funds received under section 2001(a) of the Safe, Accountable, Flexible, and Efficient

Transportation Equity Act of 2005 for the core deployment of

commercial vehicle information systems and networks.

(4) USE OF FUNDS.—

(A) IN GENERAL.—Subject to subparagraph (B), funds

from a grant under this subsection may only be used for the

core deployment of commercial vehicle information systems

and networks.

(B) REMAINING FUNDS.—An eligible State that has

completed the core deployment of commercial vehicle information systems and networks, or completed the deployment

before core deployment grant funds are expended, may use
360

the remaining core deployment grant funds for the expanded deployment of commercial vehicle information systems and networks in the State.

(e) EXPANDED DEPLOYMENT GRANTS.—

(1) IN GENERAL.—For each fiscal year, from the funds remaining after the Secretary has made core deployment grants

under subsection (d), the Secretary may make grants to each eligible State, on request, for the expanded deployment of commercial vehicle information systems and networks.

(2) ELIGIBILITY.—Each State that has completed the core

deployment of commercial vehicle information systems and networks shall be eligible for an expanded deployment grant.

(3) AMOUNT OF GRANTS.—Each fiscal year, the Secretary

may distribute funds available for expanded deployment grants

equally among the eligible States in an amount that does not

exceed $1,000,000 for each State.

(4) USE OF FUNDS.—A State may use funds from a grant

under this subsection only for the expanded deployment of commercial vehicle information systems and networks.

(f) FEDERAL SHARE.—The Federal share of the cost of a project

payable from funds made available to carry out this section shall

be the share applicable under section 120(b), as adjusted under subsection (d) of that section.

(g) FUNDING.—Funds authorized to be appropriated to carry out

this section shall be available for obligation in the same manner

and to the same extent as if the funds were apportioned under chapter 1, except that the funds shall remain available until expended.

§ 528. Research and development

(a) IN GENERAL.—The Secretary shall carry out a comprehensive program of intelligent transportation system research, development, and operational tests of intelligent vehicles and intelligent infrastructure systems, and other similar activities that are necessary

to carry out this subchapter.

(b) PRIORITY AREAS.—Under the program, the Secretary shall

give priority to funding projects that—

(1) assist in the development of an interconnected national

intelligent transportation system network that—

(A) improves the reliability of the surface transportation system;

(B) supports national security;

(C) reduces, by at least 20 percent, the cost of manufacturing, deploying, and operating intelligent transportation

systems network components;

(D) could assist in deployment of the Armed Forces in

response to a crisis; and

(E) improves response to, and evacuation of the public

during, an emergency situation;

(2) address traffic management, incident management,

transit management, toll collection traveler information, or

highway operations systems with goals of—

(A) reducing metropolitan congestion by 5 percent by

2010;
361

(B) ensuring that a national, interoperable 511 system,

along with a national traffic information system that includes a user-friendly, comprehensive website, is fully implemented for use by travelers throughout the United States

by September 30, 2010; and

(C)(i) improving incident management response, particularly in rural areas, so that rural emergency response

times are reduced by an average of 10 minutes; and

(ii) subject to subsection (d), improving communication

between emergency care providers and trauma centers;

(3) address traffic management, incident management,

transit management, toll collection, traveler information, or

highway operations systems;

(4) conduct operational tests of the integration of at least 3

crash-avoidance technologies in passenger vehicles;

(5) incorporate human factors research, including the

science of the driving process;

(6) facilitate the integration of intelligent infrastructure, vehicle, and control technologies;

(7) incorporate research on the impact of environmental,

weather, and natural conditions on intelligent transportation

systems, including the effects of cold climates;

(8) as determined by the Secretary, will improve the overall

safety performance of vehicles and roadways, including the use

of real-time setting of speed limits through the use of speed

management technology;

(9) examine—

(A) the application to intelligent transportation systems

of appropriately modified existing technologies from other

industries; and

(B) the development of new, more robust intelligent

transportation systems technologies and instrumentation;

(10) develop and test communication technologies that—

(A) are based on an assessment of the needs of officers

participating in a motor carrier safety program funded

under section 31104 of title 49;

(B) take into account the effectiveness and adequacy of

available technology;

(C) address systems integration, connectivity, and

interoperability challenges; and

(D) provide the means for officers participating in a

motor carrier safety program funded under section 31104 of

title 49 to directly assess, without an intermediary, current

and accurate safety and regulatory information on motor

carriers, commercial motor vehicles and drivers at roadside

or mobile inspection facilities;

(11) enhance intermodal use of intelligent transportation

systems for diverse groups, including for emergency and healthrelated services;

(12) improve sensing and wireless communications that

provide real-time information regarding congestion and incidents;

(13) develop and test high-accuracy, lane-level, real-time accessible digital map architectures that can be used by intel-
362

ligent vehicles and intelligent infrastructure elements to facilitate safety and crash avoidance (including establishment of national standards for an open-architecture digital map of all

public roads that is compatible with electronic 9-1-1 services);

(14) encourage the dual-use of intelligent transportation

system technologies (such as wireless communications) for—

(A) emergency services;

(B) road pricing; and

(C) local economic development; and

(15) advance the use of intelligent transportation systems to

facilitate high-performance transportation systems, such as

through—

(A) congestion-pricing;

(B) real-time facility management;

(C) rapid-emergency response; and

(D) just-in-time transit.

(c) OPERATIONAL TESTS.—Operational tests conducted under

this section shall be designed for—

(1) the collection of data to permit objective evaluation of

the results of the tests;

(2) the derivation of cost-benefit information that is useful

to others contemplating deployment of similar systems; and

(3) the development and implementation of standards.

(d) FEDERAL SHARE.—The Federal share of the costs of operational tests under subsection (a) shall not exceed 80 percent.

§ 529. Use of funds

(a) IN GENERAL.—For each fiscal year, not more than $5,000,000 of the funds made available to carry out this subchapter

shall be used for intelligent transportation system outreach, public

relations, displays, tours, and brochures.

(b) APPLICABILITY.—Subsection (a) shall not apply to intelligent

transportation system training, scholarships, or the publication or

distribution of research findings, technical guidance, or similar documents.

* * * * * * *

TITLE 26 - INTERNAL REVENUE CODE

* * * * * * *

SUBTITLE D - MISCELLANEOUS EXCISE TAXES

* * * * * * *

øCHAPTER 35 - TAXES ON WAGERING

øSUBCHAPTER A - TAX ON WAGERS

øSec.

ø4401. Imposition of tax.¿ Repealed.

ø4402. Exemptions.¿ Repealed.

ø4403. Record requirements.¿ Repealed.

ø4404. Territorial extent.¿ Repealed.

ø4405. Cross references.¿ Repealed.
363

øSUBCHAPTER B - OCCUPATIONAL TAX

øSec.

ø4411. Imposition of tax.¿ Repealed.

ø4412. Registration.¿ Repealed.

ø4413. Certain provisions made applicable.¿ Repealed.

ø4414. Cross references.¿ Repealed.

øSUBCHAPTER C - MISCELLANEOUS PROVISIONS

øSec.

ø4421. Definitions.¿ Repealed.

ø4422. Applicability of Federal and State laws.¿ Repealed.

ø4423. Inspection of books.¿ Repealed.

ø4424. Disclosure of wagering tax information.¿ Repealed.

øSUBCHAPTER A - TAX ON WAGERS

øSEC. 4401. IMPOSITION OF TAX

ø(a) WAGERS

ø(1) STATE AUTHORIZED WAGERS.—There shall be imposed

on any wager authorized under the law of the State in which

accepted an excise tax equal to 0.25 percent of the amount of

such wager.

ø(2) UNAUTHORIZED WAGERS.—There shall be imposed on

any wager not described in paragraph (1) an excise tax equal

to 2 percent of the amount of such wager.

ø(b) AMOUNT OF WAGER.—In determining the amount of any

wager for the purposes of this subchapter, all charges incident to

the placing of such wager shall be included; except that if the taxpayer establishes, in accordance with regulations prescribed by the

Secretary, that an amount equal to the tax imposed by this subchapter has been collected as a separate charge from the person

placing such wager, the amount so collected shall be excluded.

ø(c) PERSONS LIABLE FOR TAX.—Each person who is engaged in

the business of accepting wagers shall be liable for and shall pay

the tax under this subchapter on all wagers placed with him. Each

person who conducts any wagering pool or lottery shall be liable for

and shall pay the tax under this subchapter on all wagers placed

in such pool or lottery. Any person required to register under section 4412 who receives wagers for or on behalf of another person

without having registered under section 4412 the name and place

of residence of such other person shall be liable for and shall pay

the tax under this subchapter on all such wagers received by him.

øSEC. 4402. EXEMPTIONS

øNo tax shall be imposed by this subchapter -

ø(1) PARIMUTUELS.—On any wager placed with, or on any

wager placed in a wagering pool conducted by, a parimutuel

wagering enterprise licensed under State law,

ø(2) COIN-OPERATED DEVICES.—On any wager placed in a

coin-operated device (as defined in section 4462 as in effect for

years beginning before July 1, 1980), or on any amount paid,

in lieu of inserting a coin, token, or similar object, to operate

a device described in section 4462(a)(2) (as so in effect), or

ø(3) STATE-CONDUCTED LOTTERIES, ETC.—On any wager

placed in a sweepstakes, wagering pool, or lottery which is conducted by an agency of a State acting under authority of State

law, but only if such wager is placed with the State agency
364

conducting such sweepstakes, wagering pool, or lottery, or with

its authorized employees or agents.

øSEC. 4403. RECORD REQUIREMENTS

øEach person liable for tax under this subchapter shall keep

a daily record showing the gross amount of all wagers on which he

is so liable, in addition to all other records required pursuant to

section 6001(a).

øSEC. 4404. TERRITORIAL EXTENT

øThe tax imposed by this subchapter shall apply only to wagers

ø(1) accepted in the United States, or

ø(2) placed by a person who is in the United States

ø(A) with a person who is a citizen or resident of the

United States, or

ø(B) in a wagering pool or lottery conducted by a person who is a citizen or resident of the United States.

øSEC. 4405. CROSS REFERENCES

øFor penalties and other administrative provisions applicable

to this subchapter, see sections 4421 to 4423, inclusive; and subtitle F.

øSUBCHAPTER B - OCCUPATIONAL TAX

øSEC. 4411. IMPOSITION OF TAX

ø(a) IN GENERAL.—There shall be imposed a special tax of $500

per year to be paid by each person who is liable for the tax imposed

under section 4401 or who is engaged in receiving wagers for or on

behalf of any person so liable.

ø(b) AUTHORIZED PERSONS.—Subsection (a) shall be applied by

substituting ′′$50′′ for ′′$500′′ in the case of -

ø(1) any person whose liability for tax under section 4401

is determined only under paragraph (1) of section 4401(a), and

ø(2) any person who is engaged in receiving wagers only

for or on behalf of persons described in paragraph (1).

øSEC. 4412. REGISTRATION

ø(a) REQUIREMENT.—Each person required to pay a special tax

under this subchapter shall register with the official in charge of

the internal revenue district -

ø(1) his name and place of residence;

ø(2) if he is liable for tax under subchapter A, each place

of business where the activity which makes him so liable is

carried on, and the name and place of residence of each person

who is engaged in receiving wagers for him or on his behalf;

and

ø(3) if he is engaged in receiving wagers for or on behalf

of any person liable for tax under subchapter A, the name and

place of residence of each such person.

ø(b) FIRM OR COMPANY.—Where subsection (a) requires the

name and place of residence of a firm or company to be registered,

the names and places of residence of the several persons constituting the firm or company shall be registered.

ø(c) SUPPLEMENTAL INFORMATION.—In accordance with regulations prescribed by the Secretary, the Secretary may require from
365

time to time such supplemental information from any person required to register under this section as may be needful to the enforcement of this chapter.

øSEC. 4413. CERTAIN PROVISIONS MADE APPLICABLE

øSections 4901, 4902, 4904, 4905, and 4906 shall extend to and

apply to the special tax imposed by this subchapter and to the persons upon whom it is imposed, and for that purpose any activity

which makes a person liable for special tax under this subchapter

shall be considered to be a business or occupation referred to in

such sections. No other provision of sections 4901 to 4907, inclusive, shall so extend or apply.

øSEC. 4414. CROSS REFERENCES

øFor penalties and other general and administrative provisions

applicable to this subchapter, see sections 4421 to 4423, inclusive;

and subtitle F.

øSUBCHAPTER C - MISCELLANEOUS PROVISIONS

øSEC. 4421. DEFINITIONS

øFor purposes of this chapter -

ø(1) WAGER.—The term ′′wager′′ means -

ø(A) any wager with respect to a sports event or a contest placed with a person engaged in the business of accepting such wagers,

ø(B) any wager placed in a wagering pool with respect

to a sports event or a contest, if such pool is conducted for

profit, and

ø(C) any wager placed in a lottery conducted for profit.

ø(2) LOTTERY.—The term ′′lottery′′ includes the numbers

game, policy, and similar types of wagering. The term does not

include -

ø(A) any game of a type in which usually

ø(i) the wagers are placed,

ø(ii) the winners are determined, and

ø(iii) the distribution of prizes or other property is

made, in the presence of all persons placing wagers in

such game, and

ø(B) any drawing conducted by an organization exempt from tax under sections 501 and 521, if no part of the

net proceeds derived from such drawing inures to the benefit of any private shareholder or individual.

øSEC. 4422. APPLICABILITY OF FEDERAL AND STATE LAWS

øThe payment of any tax imposed by this chapter with respect

to any activity shall not exempt any person from any penalty provided by a law of the United States or of any State for engaging

in the same activity, nor shall the payment of any such tax prohibit

any State from placing a tax on the same activity for State or other

purposes.

øSEC. 4423. INSPECTION OF BOOKS

øNotwithstanding section 7605(b), the books of account of any

person liable for tax under this chapter may be examined and inspected as frequently as may be needful to the enforcement of this

chapter.
366

øSEC. 4424. DISCLOSURE OF WAGERING TAX INFORMATION

ø(a) GENERAL RULE.—Except as otherwise provided in this section, neither the Secretary nor any other officer or employee of the

Treasury Department may divulge or make known in any manner

whatever to any person -

ø(1) any original, copy, or abstract of any return, payment,

or registration made pursuant to this chapter,

ø(2) any record required for making any such return, payment, or registration, which the Secretary is permitted by the

taxpayer to examine or which is produced pursuant to section

7602, or

ø(3) any information come at by the exploitation of any

such return, payment, registration, or record.

ø(b) PERMISSIBLE DISCLOSURE.—A disclosure otherwise prohibited by subsection (a) may be made in connection with the administration or civil or criminal enforcement of any tax imposed by this

title. However, any document or information so disclosed may not

be -

ø(1) divulged or made known in any manner whatever by

any officer or employee of the United States to any person except in connection with the administration or civil or criminal

enforcement of this title, nor

ø(2) used, directly or indirectly, in any criminal prosecution for any offense occurring before the date of enactment of

this section.

ø(c) USE OF DOCUMENTS POSSESSED BY TAXPAYER.—Except in

connection with the administration or civil or criminal enforcement

of any tax imposed by this title -

ø(1) any stamp denoting payment of the special tax under

this chapter,

ø(2) any original, copy, or abstract possessed by a taxpayer

of any return, payment, or registration made by such taxpayer

pursuant to this chapter, and

ø(3) any information come at by the exploitation of any

such document, shall not be used against such taxpayer in any

criminal proceeding.

ø(d) INSPECTION BY COMMITTEES OF CONGRESS.—Section

6103(f) shall apply with respect to any return, payment, or registration made pursuant to this chapter.¿

* * * * * * *

øSEC. 4901. PAYMENT OF TAX

ø(a) CONDITION PRECEDENT TO CARRYING ON CERTAIN BUSINESS.—No person shall be engaged in or carry on any trade or

business subject to the tax imposed by section 4411 (wagering)

until he has paid the special tax therefor.

ø(b) COMPUTATION.—All special taxes shall be imposed as of on

the first day of July in each year, or on commencing any trade or

business on which such tax is imposed. In the former case the tax

shall be reckoned for 1 year, and in the latter case it shall be reckoned proportionately, from the first day of the month in which the

liability to a special tax commenced, to and including the 30th day

of June following.¿
367

SEC. 4901. PAYMENT OF TAX.

All special taxes shall be imposed as of on the first day of July

in each year, or on commencing any trade or business on which

such tax is imposed. In the former case the tax shall be reckoned

for 1 year, and in the latter case it shall be reckoned proportionately, from the first day of the month in which the liability to a special tax commenced, to and including the 30th day of June following.

* * * * * * *

SEC. 4903. LIABILITY IN CASE OF BUSINESS IN MORE THAN ONE LOCATION

The payment of the special tax imposedø, other than the tax

imposed by section 4411,¿ shall not exempt from an additional special tax the person carrying on a trade or business in any other

place than that stated in the register kept in the office of the official in charge of the internal revenue district; but nothing herein

contained shall require a special tax for the storage of goods,

wares, or merchandise in other places than the place of business,

nor, except as provided in this subtitle, for the sale by manufacturers or producers of their own goods, wares, and merchandise, at the

place of production or manufacture, and at their principal office or

place of business, provided no goods, wares, or merchandise shall

be kept except as samples at said office or place of business.

* * * * * * *

øSEC. 4905. LIABILITY IN CASE OF DEATH OR CHANGE OF LOCATION

ø(a) REQUIREMENTS.—When any person who has paid the special tax for any trade or business dies, his spouse or child, or executors or administrators or other legal representatives, may occupy

the house or premises, and in like manner carry on, for the residue

of the term for which the tax is paid, the same trade or business

as the deceased before carried on, in the same house and upon the

same premises, without the payment of any additional tax. When

any person removes from the house or premises for which any

trade or business was taxed to any other place, he may carry on

the trade or business specified in the register kept in the office of

the official in charge of the internal revenue district at the place

to which he removes, without the payment of any additional tax:

Provided, That all cases of death, change, or removal, as aforesaid,

with the name of the successor to any person deceased, or of the

person making such change or removal, shall be registered with

the Secretary, under regulations to be prescribed by the Secretary.

ø(b) REGISTRATION.—For registration in case of wagering, see

section 4412.¿

SEC. 4905. LIABILITY IN CASE OF DEATH OR CHANGE OF LOCATION.

When any person who has paid the special tax for any trade or

business dies, his spouse or child, or executors or administrators or

other legal representatives, may occupy the house or premises, and

in like manner carry on, for the residue of the term for which the

tax is paid, the same trade or business as the deceased before carried on, in the same house and upon the same premises, without the

payment of any additional tax. When any person removes from the

house or premises for which any trade or business was taxed to any
368

other place, he may carry on the trade or business specified in the

register kept in the office of the official in charge of the internal revenue district at the place to which he removes, without the payment

of any additional tax: Provided, That all cases of death, change, or

removal, as aforesaid, with the name of the successor to any person

deceased, or of the person making such change or removal, shall be

registered with the Secretary, under regulations to be prescribed by

the Secretary.

* * * * * * *

SEC. 4907. FEDERAL AGENCIES OR INSTRUMENTALITIES

Any special tax imposed by this subtitleø, except the tax imposed by section 4411,¿ shall apply to any agency or instrumentality of the United States unless such agency or instrumentality

is granted by statute a specific exemption from such tax.

* * * * * * *

SEC. 6103. CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN INFORMATION

(a) * * *

* * * * * * *

(i) * * *

(1) * * *

* * * * * * *

(8) COMPTROLLER GENERAL

(A) Returns available for inspectionK.—Except as provided in subparagraph (C), upon written request by the

Comptroller General of the United States, returns and return information shall be open to inspection by, or disclosure to, officers and employees of the General Accounting

Office for the purpose of, and to the extent necessary in,

making -

(i) an audit of the Internal Revenue Service, the

Bureau of Alcohol, Tobacco, Firearms, and Explosives,

Department of Justice, or the Tax and Trade Bureau,

Department of the Treasury, which may be required

by section 713 of title 31, United States Code, or

(ii) any audit authorized by subsection (p)(6), except that no such officer or employee shall, øexcept to

the extent authorized by subsection (f) or (p)(6), disclose to any person, other than another officer or employee of such office whose official duties require such

disclosure, any return or return information described

in section 4424(a) in a form which can be associated

with, or otherwise identify, directly or indirectly, a

particular taxpayer, nor shall such officer or employee

disclose any other¿ disclose any return or return information, except as otherwise expressly provided by law,

to any person other than øsuch other officer¿ such officer or employee of such office in a form which can be

associated with, or otherwise identify, directly or indirectly, a particular taxpayer.

* * * * * * *
369

ø(o) DISCLOSURE OF RETURNS AND RETURN INFORMATION WITH

RESPECT TO CERTAIN TAXES

ø(1) TAXES IMPOSED BY SUBTITLE E.—Returns and return

information with respect to taxes imposed by subtitle E (relating to taxes on alcohol, tobacco, and firearms) shall be open to

inspection by or disclosure to officers and employees of a Federal agency whose official duties require such inspection or disclosure.

ø(2) TAXES IMPOSED BY CHAPTER 35.—Returns and return information with respect to taxes imposed by chapter 35 (relating

to taxes on wagering) shall, notwithstanding any other provision of this section, be open to inspection by or disclosure only

to such person or persons and for such purpose or purposes as

are prescribed by section 4424.¿

(o) DISCLOSURE OF RETURNS AND RETURN INFORMATION WITH

RESPECT TO TAXES IMPOSED BY SUBTITLE E.—Returns and return

information with respect to taxes imposed by subtitle E (relating to

taxes on alcohol, tobacco, and firearms) shall be open to inspection

by or disclosure to officers and employees of a Federal agency whose

official duties require such inspection or disclosure.

* * * * * * *

Subtitle F - Procedure and Administration

CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS

SUBCHAPTER A - PROCEDURE IN GENERAL

* * * * * * *

SUBCHAPTER B - RULES OF SPECIAL APPLICATION

Sec.

6411. Tentative carryback and refund adjustments.

6412. Floor stocks refunds.

6413. Special rules applicable to certain employment taxes.

6414. Income tax withheld.

6415. Credits or refunds to persons who collected certain taxes.

6416. Certain taxes on sales and services.

[6417. Repealed.]

[6418. Repealed.]

ø6419. Excise tax on wagering.¿ Repealed.

6420. Gasoline used on farms.

6421. Gasoline used for certain nonhighway purposes, used by local transit systems, or sold for certain exempt purposes.

6422. Cross references.

6423. Conditions to allowance in the case of alcohol and tobacco taxes.

[6424. Repealed.]

6425. Adjustment of overpayment of estimated income tax by corporation.

[6426. Repealed.]

6427. Fuels not used for taxable purposes.

6428. Acceleration of 10 percent income tax rate bracket benefit for 2001.

[6429. Repealed.]

[6430. Repealed.]

* * * * * *

*
370

øSEC. 6419. EXCISE TAX ON WAGERING

ø(a) CREDIT OR REFUND GENERALLY.— No overpayment of tax

imposed by chapter 35 shall be credited or refunded (otherwise

than under subsection (b)), in pursuance of a court decision or otherwise, unless the person who paid the tax establishes, in accordance with regulations prescribed by the Secretary, (1) that he has

not collected (whether as a separate charge or otherwise) the

amount of the tax from the person who placed the wager on which

the tax was imposed, or (2) that he has repaid the amount of the

tax to the person who placed such wager, or unless he files with

the Secretary written consent of the person who placed such wager

to the allowance of the credit or the making of the refund. In the

case of any laid-off wager, no overpayment of tax imposed by chapter 35 shall be so credited or refunded to the person with whom

such laid-off wager was placed unless he establishes, in accordance

with regulations prescribed by the Secretary, that the provisions of

the preceding sentence have been complied with both with respect

to the person who placed the laid-off wager with him and with respect to the person who placed the original wager.

ø(b) CREDIT OR REFUND ON WAGERS LAID-OFF BY TAXPAYER.—

Where any taxpayer lays off part or all of a wager with another

person who is liable for tax imposed by chapter 35 on the amount

so laid off, a credit against such tax shall be allowed, or a refund

shall be made to, the taxpayer laying off such amount. Such credit

or refund shall be in an amount which bears the same ratio to the

amount of tax which such taxpayer paid on the original wager as

the amount so laid off bears to the amount of the original wager.

Credit or refund under this subsection shall be allowed or made

only in accordance with regulations prescribed by the Secretary,

and no interest shall be allowed with respect to any amount so

credited or refunded.¿

* * * * * * *

SEC. 6806. OCCUPATIONAL TAX STAMPS

Every person engaged in any business, avocation, or employment, who is thereby made liable to a special tax (other than a special tax øunder subchapter B of chapter 35, under subchapter B of

chapter 36,¿ under subchapter B of chapter 36 or under subtitle E)

shall place and keep conspicuously in his establishment or place of

business all stamps denoting payment of such special tax.

* * * * * * *

SEC. 7012. CROSS REFERENCES

(1) For provisions relating to registration in connection with

firearms, see sections 5802, 5841, and 5861.

ø(2) For special rules with respect to registration by persons

engaged in receiving wagers, see section 4412.¿

ø(3)¿ (2) For provisions relating to registration in relation to

the taxes on gasoline and diesel fuel, see section 4101.

ø(4)¿ (3) For penalty for failure to register, see section 7272.

ø(5)¿ (4) For other penalties for failure to register with respect

to wagering, see section 7262.

* * * * * * *
371

Subtitle F - Procedure and Administration

CHAPTER 75 - CRIMES, OTHER OFFENSES, AND

FORFEITURES

SUBCHAPTER B - OTHER OFFENSES

Sec.

7261. Representation that retailers’ excise tax is excluded from price of article.

ø7262. Violation of occupational tax laws relating to wagering - failure to pay

special tax.¿ Repealed.

[7263. Repealed.]

[7264. Repealed.]

[7265. Repealed.]

[7266. Repealed.]

[7267. Repealed.]

7268. Possession with intent to sell in fraud of law or to evade tax.

7269. Failure to produce records.

7270. Insurance policies.

7271. Penalties for offenses relating to stamps.

7272. Penalty for failure to register.

7273. Penalties for offenses relating to special taxes.

[7274. Repealed.]

7275. Penalty for offenses relating to certain airline tickets and advertising.

* * * * * *

*

øSEC. 7262. VIOLATION OF OCCUPATIONAL TAX LAWS RELATING TO

WAGERING - FAILURE TO PAY SPECIAL TAX

øAny person who does any act which makes him liable for special tax under subchapter B of chapter 35 without having paid such

tax, shall, besides being liable to the payment of the tax, be fined

not less than $1,000 and not more than $5,000.¿

* * * * * * *

øSEC. 7272. PENALTY FOR FAILURE TO REGISTER

ø(a) IN GENERAL.— Any person (other than persons required to

register under subtitle E, or persons engaging in a trade or business on which a special tax is imposed by such subtitle) who fails

to register with the Secretary as required by this title or by regulations issued thereunder shall be liable to a penalty of $50.

ø(b) CROSS REFERENCES.—For provisions relating to persons required by this title to register, see sections 4101, 4412, and 7011.¿

SEC. 7272. PENALTY FOR FAILURE TO REGISTER.

Any person (other than persons required to register under subtitle E, or persons engaging in a trade or business on which a special tax is imposed by such subtitle) who fails to register with the

Secretary as required by this title or by regulations issued thereunder shall be liable to a penalty of $50 ($10,000 in the case of a

failure to register under section 4101).

* * * * * * *

SEC. 7613. CROSS REFERENCES

(a) INSPECTION OF BOOKS, PAPERS, RECORDS, OR OTHER DATA.—

For inspection of books, papers, records, øor other data in the case

of -

ø(1) Wagering, see section 4423.

ø(2) Alcohol, tobacco, and firearms taxes, see subtitle E.¿
372

or other data in the case of alcohol, tobacco, and firearms taxes,

see subtitle E.

* * * * * * *

TITLE 49—TRANSPORTATION

* * * * * * *

§ 101. Purpose

(a) * * *

* * * * * * *

§ 111. Bureau of Transportation Statistics

(a)

* * * * * * *

(j) TRANSPORTATION STATISTICS ANNUAL REPORT.—The Director shall transmit to the President and Congress a Transportation

Statistics Annual Report which shall include information on items

referred to in subsection (c)(1), documentation of methods used to

obtain and ensure the quality of the statistics presented in the report, and recommendations for improving transportation statistical

information.

(k) ANNUAL REPORT.— (1) IN GENERAL.—For fiscal year 2005 and each fiscal year

thereafter, the Bureau shall prepare and submit to the Secretary an annual report that—

(A) describes progress made in responding to study recommendations for the fiscal year; and

(B) summarizes the activities and expenditure of funds

by the Bureau for the fiscal year.

(2) AVAILABILITY.—The Bureau shall—

(A) make the report described in paragraph (1) available to the public; and

(B) publish the report on the Internet website of the Bureau.

(3) COMBINATION OF REPORTS.—The report required under

paragraph (1) may be included in or combined with the Transportation Statistics Annual Report required by subsection (j).

(l) EXPENDITURE OF FUNDS.—Funds from the Highway Trust

Fund (other than the Mass Transit Account) that are authorized to

be appropriated, and made available, in accordance with section

2001(a)(3) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 shall be used only for the collection

and statistical analysis of information relating to surface transportation systems.

ø(k)¿ (m) PROCEEDS OF DATA PRODUCT SALES.—Notwithstanding section 3302 of title 31, United States Code, funds received by the Bureau from the sale of surface transportation data

products, for necessary expenses incurred, may be credited to the

Highway Trust Fund (other than the Mass Transit Account) for the

purpose of reimbursing the Bureau for the expenses.

* * * * * * *
373

CHAPTER 3—GENERAL DUTIES AND POWERS

SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION

Sec.

301. Leadership, consultation, and cooperation

302. Policy standards for transportation

303. Policy on lands, wildlife and waterfowl refuges, and historic sites

303a. Development of water transportation

304. Joint activities with the Secretary of Housing and Urban Development

305. Transportation investment standards and criteria

306. Prohibited discrimination

ø307. Safety information and intervention in Interstate Commerce Commission

proceedings¿

307. Contractor suspension and debarment policy; sharing fraud monetary recoveries.

308. Reports

309. High-speed ground transportation

SUBCHAPTER II—ADMINISTRATIVE

321. Definitions

322. General powers

323. Personnel

324. Members of the armed forces

325. Advisory committees

326. Gifts

327. Administrative working capital fund

328. Transportation Systems Center working capital fund

329. Transportation information

330. Research contracts

331. Service, supplies, and facilities at remote places

332. Minority Resource Center

333. Responsibility for rail transportation unification and coordination projects

336. Civil penalty procedures

337. Budget request for the Director of Intelligence and Security

SUBCHAPTER III—MISCELLANEOUS

351. Judicial review of actions in carrying out certain transferred duties and

powers

352. Authority to carry out certain transferred duties and powers

353. Toxicological testing of officers and employees

354. Investigative authority of Inspector Genera

* * * * * * *

§ 303. Policy on lands, wildlife and waterfowl refuges, and

historic sites

(a) It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the

countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.

(b) The Secretary of Transportation shall cooperate and consult

with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or

enhance the natural beauty of lands crossed by transportation activities or facilities.

ø(c) The Secretary¿

(c) APPROVAL OF PROGRAMS AND PROJECTS.—Subject to subsection (d), the Secretary may approve a transportation program or

project (other than any project for a park road or parkway under

section 204 of title 23) requiring the use of publicly owned land of

a public park, recreation area, or wildlife and waterfowl refuge of
374

national, State, or local significance, or land of an historic site of

national, State, or local significance (as determined by the Federal,

State, or local officials having jurisdiction over the park, area, refuge, or site) only if—

(1) there is no prudent and feasible alternative to using

that land; and

(2) the program or project includes all possible planning to

minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.

(d) DE MINIMIS IMPACTS.—

(1) REQUIREMENTS.—

(A) IN GENERAL.—The requirements of this section

shall be considered to be satisfied with respect to an area

described in paragraph (2) or (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on

the area.

(B) CRITERIA.—In making any determination under

this subsection, the Secretary shall consider to be part of a

transportation program or project any avoidance, minimization, mitigation, or enhancement measures that are required to be implemented as a condition of approval of the

transportation program or project.

(2) HISTORIC SITES.—With respect to historic sites, the Secretary may make a finding of de minimis impact only if—

(A) the Secretary has determined, in accordance with

the consultation process required under section 106 of the

National Historic Preservation Act (16 U.S.C. 470f), that—

(i) the transportation program or project will have

no adverse effect on the historic site; or

(ii) there will be no historic properties affected by

the transportation program or project;

(B) the finding of the Secretary has received written

concurrence from the applicable State historic preservation

officer or tribal historic preservation officer (and from the

Advisory Council on Historic Preservation, if participating

in the consultation); and

(C) the finding of the Secretary has been developed in

consultation with parties consulting as part of the process

referred to in subparagraph (A).

(3) PARKS, RECREATION AREAS, AND WILDLIFE AND WATERFOWL REFUGES.—With respect to parks, recreation areas, and

wildlife or waterfowl refuges, the Secretary may make a finding

of de minimis impact only if—

(A) the Secretary has determined, in accordance with

the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.) (including public notice and opportunity for

public review and comment), that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this

section; and
375

(B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park,

recreation area, or wildlife or waterfowl refuge.

* * * * * * *

ø§ 307. Safety information and intervention in Interstate

Commerce Commission proceedings

ø(a) The Secretary of Transportation shall inspect promptly the

safety compliance record in the Department of Transportation of

each person applying to the Interstate Commerce Commission for

authority to provide transportation or freight forwarder service.

The Secretary shall report the findings of the inspection to the

Commission.

ø(b) When the Secretary is not satisfied with the safety record

of a person applying for permanent authority to provide transportation or freight forwarder service, or for approval of a proposed

transfer of permanent authority, the Secretary shall intervene and

present evidence of the fitness of the person to the Commission in

its proceedings.

ø(c) When requested by the Commission, the Secretary shall—

ø(1) provide the Commission with a complete report on the

safety compliance of a carrier providing transportation or

freight forwarder service subject to its jurisdiction;

ø(2) provide promptly a statement of the safety record of

a person applying to the Commission for temporary authority

to provide transportation;

ø(3) intervene and present evidence in a proceeding in

which a finding of fitness is required; and

ø(4) make additional safety compliance surveys and inspections the Commission decides are desirable to allow it to act

on an application or to make a finding on the fitness of a carrier.¿

§ 307. Contractor suspension and debarment policy; sharing fraud

monetary recoveries

(a) MANDATORY ENFORCEMENT POLICY.—

(1) IN GENERAL.—Notwithstanding any other provision of

law, the Secretary—

(A) shall debar any contractor or subcontractor convicted of a criminal or civil offense involving fraud relating

to a project receiving Federal highway or transit funds for

such period as the Secretary determines to be appropriate;

and

(B) subject to approval by the Attorney General—

(i) except as provided in paragraph (2), shall suspend any contractor or subcontractor upon indictment

for criminal or civil offenses involving fraud; and

(ii) may exclude nonaffiliated subsidiaries of a

debarred business entity.

(2) NATIONAL SECURITY EXCEPTION.—If the Secretary finds

that mandatory debarment or suspension of a contractor or subcontractor under paragraph (1) would be contrary to the national security of the United States, the Secretary—
376

(A) may waive the debarment or suspension; and

(B) in the instance of each waiver, shall provide notification to Congress of the waiver with appropriate details.

(b) SHARING OF MONETARY RECOVERIES.— (1) IN GENERAL.—Notwithstanding any other provision of

law—

(A) monetary judgments accruing to the Federal Government from judgments in Federal criminal prosecutions

and civil judgments pertaining to fraud in highway and

transit programs shall be shared with the State or local

transit agency involved; and

(B) the State or local transit agency shall use the funds

for transportation infrastructure and oversight activities relating to programs authorized under title 23 and this title.

(2) AMOUNT.—The amount of recovered funds to be shared

with an affected State or local transit agency shall be—

(A) determined by the Attorney General, in consultation

with the Secretary; and

(B) considered to be Federal funds to be used in compliance with other relevant Federal transportation laws (including regulations).

(3) FRAUDULENT ACTIVITY.—Paragraph (1) shall not apply

in any case in which a State or local transit agency is found

by the Attorney General, in consultation with the Secretary, to

have been involved or negligent with respect to the fraudulent

activities.

* * * * * * *

CHAPTER 55—INTERMODAL TRANSPORTATION

SUBCHAPTER I—GENERAL

Sec.

5501. National Intermodal Transportation System policy

5502. Intermodal Transportation Advisory Board

5503. Office of Intermodalism

5504. Model intermodal transportation plans

ø5505. University transportation research¿ Repealed.

5506. Advanced vehicle technologies program

SUBCHAPTER II—TERMINALS

5561. Definition

5562. Assistance projects

5563. Conversion of certain rail passenger terminals

5564. Interim preservation of certain rail passenger terminals

5565. Encouraging the development of plans for converting certain rail passenger terminals

5566. Records and audits

5567. Preference for preserving buildings of historic or architectural significance

5568. Authorization of appropriations

SUBCHAPTER III—INTERMODAL PASSENGER FACILITIES

Sec.

5571. Policy and Purposes.

5572. Definitions.

5573. Assurance of access to intermodal facilities.

5574. Intercity bus intermodal facility grants.

5575. Funding.
377

SUBCHAPTER I—GENERAL

§ 5501. National Intermodal Transportation System policy

(a) * * *

* * * * * * *

ø§ 5505. University transportation research

ø(a) REGIONAL CENTERS.—The Secretary of Transportation

shall make grants to nonprofit institutions of higher learning to establish and operate 1 university transportation center in each of

the 10 United States Government regions that comprise the Standard Federal Regional Boundary System.

ø(b) OTHER CENTERS.—The Secretary shall make grants to

nonprofit institutions of higher learning to establish and operate

university transportation centers, in addition to the centers receiving grants under subsection (a), to address transportation management and research and development matters, with special attention

to increasing the number of highly skilled individuals entering the

field of transportation.

ø(c) SELECTION OF GRANT RECIPIENTS.— ø(1) APPLICATIONS.—In order to be eligible to receive a

grant under this section, a nonprofit institution of higher

learning shall submit to the Secretary an application that is in

such form and contains such information as the Secretary may

require.

ø(2) SELECTION CRITERIA.—Except as otherwise provided

by this section, the Secretary shall select each recipient of a

grant under this section through a competitive process on the

basis of the following:

ø(A) For regional centers, the location of the center

within the Federal region to be served.

ø(B) The demonstrated research and extension resources available to the recipient to carry out this section.

ø(C) The capability of the recipient to provide leadership in making national and regional contributions to the

solution of immediate and long-range transportation problems.

ø(D) The recipient’s establishment of a surface transportation program encompassing several modes of transportation.

ø(E) The recipient’s demonstrated commitment of at

least $200,000 in regularly budgeted institutional amounts

each year to support ongoing transportation research and

education programs.

ø(F) The recipient’s demonstrated ability to disseminate results of transportation research and education programs through a statewide or regionwide continuing education program.

ø(G) The strategic plan the recipient proposes to carry

out under the grant.

ø(d) OBJECTIVES.—Each university transportation center receiving a grant under this section shall conduct the following programs and activities:
378

ø(1) Basic and applied research, the products of which are

judged by peers or other experts in the field to advance the

body of knowledge in transportation.

ø(2) An education program that includes multidisciplinary

course work and participation in research.

ø(3) An ongoing program of technology transfer that makes

research results available to potential users in a form that can

be implemented, utilized, or otherwise applied.

ø(e) MAINTENANCE OF EFFORT.—In order to be eligible to receive a grant under this section, a recipient shall enter into an

agreement with the Secretary to ensure that the recipient will

maintain total expenditures from all other sources to establish and

operate a university transportation center and related research activities at a level at least equal to the average level of such expenditures in its 2 fiscal years prior to award of a grant under this section.

ø(f) FEDERAL SHARE.—The Federal share of the costs of activities carried out using a grant made under this section is 50 percent

of costs. The non-Federal share may include funds provided to a recipient under section 503, 504(b), or 505 of title 23, United States

Code.

ø(g) PROGRAM COORDINATION.—

ø(1) COORDINATION.—The Secretary shall coordinate the

research, education, training, and technology transfer activities

that grant recipients carry out under this section, disseminate

the results of the research, and establish and operate a clearinghouse.

ø(2) ANNUAL REVIEW AND EVALUATION.—At least annually

and consistent with the plan developed under section 508 of

title 23, United States Code, the Secretary shall review and

evaluate programs the grant recipients carry out.

ø(3) FUNDING LIMITATION.—The Secretary may use not

more than 1 percent of amounts made available from Government sources to carry out this subsection.

ø(h) LIMITATION ON AVAILABILITY OF FUNDS.—Funds made

available to carry out this program shall remain available for obligation for a period of 2 years after the last day of the fiscal year

for which such funds are authorized.

ø(i) NUMBER AND AMOUNT OF GRANTS.—Subject to section

5338(e):

ø(1) FISCAL YEARS 1998 AND 1999.—For each of fiscal years

1998 and 1999, the Secretary shall make the following grants

under this section:

ø(A) GROUP A.—The Secretary shall make a grant in

the amount of $1,000,000 to each of the institutions or

groups of institutions in group A.

ø(B) GROUP B.—The Secretary shall make a grant in

the amount of $300,000 to each of the institutions or

groups of institutions in group B.

ø(C) GROUP C.—The Secretary shall make a grant in

the amount of $750,000 to each of the institutions or

groups of institutions in group C.
379

ø(D) GROUP D.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or

groups of institutions in group D.

ø(2) FISCAL YEARS 2000 AND 2001.—For each of fiscal years

2000 and 2001, the Secretary shall make the following grants

under this section:

ø(A) GROUP A.—The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions or

groups of institutions in group A.

ø(B) GROUP B.—The Secretary shall make a grant in the amount of $500,000 to 8 of the institutions or groups

of institutions in group B.

ø(C) GROUP C.—The Secretary shall make a grant in the amount of $750,000 to each of the institutions or

groups of institutions in group C.

ø(D) GROUP D.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or

groups of institutions in group D.

ø(3) FISCAL YEARS 2002 AND 2003.—For each of fiscal years

2002 and 2003, the Secretary shall make the following grants

under this section:

ø(A) GROUP A.—The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions or

groups of institutions in group A.

ø(B) GROUPS B AND C.—The Secretary shall make a grant in the amount of $1,000,000 to 10 of the institutions

or groups of institutions in groups B and C that received

grants under this section in fiscal years 2000 and 2001.

ø(C) GROUP D.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or

groups of institutions in group D.

ø(j) IDENTIFICATION OF GROUPS.—For the purpose of making

grants under this section, the following groups are identified:

ø(1) GROUP A.—Group A shall consist of the 10 regional

centers selected under subsection (a).

ø(2) GROUP B.—Group B shall consist of the following:

ø(A) The University of Denver and Mississippi State

University.

ø(B) The University of Central Florida.

ø(C) University of Southern California and California

State University at Long Beach.

ø(D) Rutgers University.

ø(E) University of Missouri at Rolla.

ø(F) South Carolina State University.

ø(G) Joseph P. Kennedy Science and Technology Center, Assumption College, Massachusetts.

ø(H) Purdue University.

ø(3) GROUP C.—Group C shall consist of the following:

ø(A) University of Arkansas.

ø(B) New Jersey Institute of Technology.

ø(C) University of Idaho.

ø(D) The University of Alabama.

ø(E) Morgan State University.

ø(F) North Carolina State University.
380

ø(G) San Jose State University.

ø(H) University of South Florida.

ø(I) North Carolina A. and T. State University.

ø(4) GROUP D.—Group D shall consist of the following:

ø(A) University of Minnesota.

ø(B) Marshall University, West Virginia, on behalf of

a consortium which may also include West Virginia University Institute of Technology, the College of West Virginia, and Bluefield State College.

ø(C) George Mason University, along with the University of Virginia and Virginia Tech University.

ø(D) Western Transportation Institute.

ø(E) Rhode Island Transportation Research Center.

ø(F) Northwestern University.¿

* * * * * * *

SUBCHAPTER III—INTERMODAL PASSENGER FACILITIES

§ 5571. Policy and purposes

(a) DEVELOPMENT AND ENHANCEMENT OF INTERMODAL PASSENGER FACILITIES.—It is in the economic interest of the United

States to improve the efficiency of public surface transportation

modes by ensuring their connection with and access to intermodal

passenger terminals, thereby streamlining the transfer of passengers

among modes, enhancing travel options, and increasing passenger

transportation operating efficiencies.

(b) GENERAL PURPOSES.—The purposes of this subchapter are

to accelerate intermodal integration among North America’s passenger transportation modes through—

(1) ensuring intercity public transportation access to intermodal passenger facilities;

(2) encouraging the development of an integrated system of

public transportation information; and

(3) providing intercity bus intermodal passenger facility

grants.

§ 5572. Definitions

In this subchapter—

(1) ‘capital project’ means a project for—

(A) acquiring, constructing, improving, or renovating

an intermodal facility that is related physically and functionally to intercity bus service and establishes or enhances

coordination between intercity bus service and transportation, including aviation, commuter rail, intercity rail,

public transportation, seaports, and the National Highway

System, such as physical infrastructure associated with private bus operations at existing and new intermodal facilities, including special lanes, curb cuts, ticket kiosks and

counters, baggage and package express storage, employee

parking, office space, security, and signage; and

(B) establishing or enhancing coordination between

intercity bus service and transportation, including aviation,

commuter rail, intercity rail, public transportation, and the
381

National Highway System through an integrated system of

public transportation information.

(2) ‘commuter service’ means service designed primarily to

provide daily work trips within the local commuting area.

(3) ‘intercity bus service’ means regularly scheduled bus

service for the general public which operates with limited stops

over fixed routes connecting two or more urban areas not in

close proximity, which has the capacity for transporting baggage carried by passengers, and which makes meaningful connections with scheduled intercity bus service to more distant

points, if such service is available and may include package express service, if incidental to passenger transportation, but does

not include air, commuter, water or rail service.

(4) ‘intermodal passenger facility’ means passenger terminal that does, or can be modified to, accommodate several

modes of transportation and related facilities, including some

or all of the following: intercity rail, intercity bus, commuter

rail, intracity rail transit and bus transportation, airport limousine service and airline ticket offices, rent-a-car facilities,

taxis, private parking, and other transportation services.

(5) ‘local governmental authority’ includes—

(A) a political subdivision of a State;

(B) an authority of at least one State or political subdivision of a State;

(C) an Indian tribe; and

(D) a public corporation, board, or commission established under the laws of the State.

(6) ‘owner or operator of a public transportation facility’

means an owner or operator of intercity-rail, intercity-bus, commuter-rail, commuter-bus, rail-transit, bus-transit, or ferry

services.

(7) ‘recipient’ means a State or local governmental authority or a nonprofit organization that receives a grant to carry out

this section directly from the Federal government.

(8) ‘Secretary’ means the Secretary of Transportation.

(9) ‘State’ means a State of the United States, the District

of Columbia, Puerto Rico, the Northern Mariana Islands,

Guam, American Samoa, and the Virgin Islands.

(10) ‘urban area’ means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality.

§ 5573. Assurance of access to intermodal passenger facilities

Intercity buses and other modes of transportation shall, to the

maximum extent practicable, have access to publicly funded intermodal passenger facilities, including those passenger facilities seeking funding under section 5574.

§ 5574. Intercity bus intermodal passenger facility grants

(a) GENERAL AUTHORITY.—The Secretary of Transportation

may make grants under this section to recipients in financing a cap-
382

ital project only if the Secretary finds that the proposed project is

justified and has adequate financial commitment.

(b) COMPETITIVE GRANT SELECTION.—The Secretary shall conduct a national solicitation for applications for grants under this

section. Grantees shall be selected on a competitive basis.

(c) SHARE OF NET PROJECT COSTS.—A grant shall not exceed

50 percent of the net project cost, as determined by the Secretary.

(d) REGULATIONS.—The Secretary may promulgate such regulations as are necessary to carry out this section.

§ 5575. Funding

(a) HIGHWAY ACCOUNT.— (1) There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry

out this subchapter $8,930,818 for each of fiscal years 2005

through 2009.

(2) The funding made available under paragraph (1) shall

be available for obligation in the same manner as if such funds

were apportioned under chapter 1 of title 23 and shall be subject to any obligation limitation imposed on funds for Federalaid highways and highway safety construction programs.

(b) PERIOD OF AVAILABILITY.—Amounts made available under

subsection (a) shall remain available until expended.

* * * * * * *

CHAPTER 311—COMMERCIAL MOTOR VEHICLE SAFETY

* * * * * * *

SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL

MOTOR VEHICLE PROGRAMS

§ 31100. Purpose

* * * * * * *

SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS

§ 31111. Length limitations

(a) DEFINITIONS.— * * *

* * * * * * *

(e) QUALIFYING HIGHWAYS.—øThe¿

(1) IN GENERAL.—The Secretary by regulation shall designate as qualifying Federal-aid Primary System highways

those highways of the Federal-aid Primary System in existence

on June 1, 1991, that can accommodate safely the applicable

vehicle lengths provided in this section.

(2) LENGTH LIMITATIONS.—In the interests of economic competitiveness, security, and intermodal connectivity, not later

than 3 years after the date of enactment of this paragraph,

States shall update the list of those qualifying highways to

include—

(A) strategic highway network connectors to strategic

military deployment ports; and
383

(B) National Highway System intermodal freight connections serving military and commercial truck traffic

going to major intermodal terminals as described in section

103(b)(7)(A)(i).

* * * * * * *

CHAPTER 317—PARTICIPATION IN INTERNATIONAL

REGISTRATION PLAN AND INTERNATIONAL FUEL TAX

AGREEMENT

Sec.

31701. Definitions

31704. Vehicle registration

31705. Fuel use tax

31706. Enforcement

31707. Limitations on statutory construction

31708. Facilitation of international registration plans and international fuel tax

agreements.

§ 31701. Definitions

In this chapter— * * *

* * * * * * *

§ 31708. Facilitation of international registration plans and international fuel tax agreements

The Secretary may provide assistance to any State that is participating in the International Registration Plan and International

Fuel Tax Agreement, as provided in sections 31704 and 31705, respectively, and that serves as a base jurisdiction for motor carriers

that are domiciled in Mexico, to assist the State with administrative

costs resulting from serving as a base jurisdiction for motor carriers

from Mexico.

* * * * * * *

INTERMODAL SURFACE TRANSPORTATION EFFICIENCY

ACT OF 1991

[Public Law 102–240; December 18, 1991]

* * * * * * *

SEC. 1012. TOLL ROADS, BRIDGES, AND TUNNELS.

(a) * * *

* * * * * * *

ø(b) VALUE PRICING PILOT PROGRAM.—(1) The Secretary shall

solicit the participation of State and local governments and public

authorities for one or more value pricing pilot programs. The Secretary may enter into cooperative agreements with as many as 15

such State or local governments or public authorities to establish,

maintain, and monitor value pricing programs.

ø(2) Notwithstanding section 129 of title 23, United States

Code, the Federal share payable for such programs shall be 80 percent. The Secretary shall fund all preimplementation costs and

project design, and all of the development and other start up costs

of such projects, including salaries and expenses, for a period of at
384

least 1 year, and thereafter until such time that sufficient revenues

are being generated by the program to fund its operating costs

without Federal participation, except that the Secretary may not

fund the preimplementation or implementation costs of any project

for more than 3 years.

ø(3) Revenues generated by any pilot project under this subsection must be applied to projects eligible under such title.

ø(4) Notwithstanding sections 129 and 301 of title 23, United

States Code, the Secretary shall allow the use of tolls on the Interstate System as part of any value pricing pilot program under this

subsection.

ø(5) The Secretary shall monitor the effect of such programs

for a period of at least 10 years, and shall report to the Committee

on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives every 2 years on the effects such programs are having

on driver behavior, traffic volume, transit ridership, air quality,

and availability of funds for transportation programs.

ø(6) HOV PASSENGER REQUIREMENTS.—Notwithstanding

section 102(a) of title 23, United States Code, a State may permit vehicles with fewer than 2 occupants to operate in high occupancy vehicle lanes if the vehicles are part of a value pricing

pilot program under this subsection.

ø(7) FINANCIAL EFFECTS ON LOW-INCOME DRIVERS.—Any

value pricing pilot program under this subsection shall include,

if appropriate, an analysis of the potential effects of the pilot

program on low-income drivers and may include mitigation

measures to deal with any potential adverse financial effects

on low-income drivers.

ø(8) FUNDING.— ø(A) AVAILABILITY.—Funds allocated by the Secretary

to a State under this subsection shall remain available for

obligation by the State for a period of 3 years after the last

day of the fiscal year for which the funds are authorized.

ø(B) USE OF UNALLOCATED FUNDS.—If the total

amount of funds made available from the Highway Trust

Fund to carry out this subsection for fiscal year 1998 and

fiscal years thereafter but not allocated exceeds $8,000,000

as of September 30 of any year, the excess amount—

ø(i) shall be apportioned in the following fiscal

year by the Secretary to all States in accordance with

section 104(b)(3) of title 23, United States Code;

ø(ii) shall be considered to be a sum made available for expenditure on the surface transportation program, except that the amount shall not be subject to

section 133(d) of such title; and

ø(iii) shall be available for any purpose eligible for

funding under section 133 of such title.

ø(C) CONTRACT AUTHORITY.—Funds authorized to

carry out 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 the Federal share of the cost of any project under this

subsection and the availability of funds authorized to carry
385

out this subsection shall be determined in accordance with

this subsection.¿

* * * * * * *

SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION.

(a) * * *

* * * * * * *

ø(h) OVER-THE-ROAD BUSES AND PUBLIC TRANSIT VEHICLES.— ø(1) TEMPORARY EXEMPTION.—The second sentence of section 127 of title 23, United States Code, relating to axle weight

limitations for vehicles using the Dwight D. Eisenhower System of Interstate and Defense Highways, shall not apply, for

the period beginning on October 6, 1992, and ending on October 1, 2005, to—

ø(A) any over-the-road bus (as defined in section 301

of the Americans with Disabilities Act of 1990 (42 U.S.C.

12181)); or

ø(B) any vehicle that is regularly and exclusively used

as an intrastate public agency transit passenger bus.

ø(2) STUDY.—The Secretary shall conduct a study on the

maximum axle weight limitations on the Dwight D. Eisenhower System of Interstate and Defense Highways established

under section 127 of title 23, United States Code, or under

State laws, as they apply to public transit vehicles. The study

shall determine whether or not public transit vehicles should

be exempted from the requirements of section 127 or State

laws or if such laws should be modified with regard to public

transit vehicles. In making such determination, the Secretary

shall consider current transit vehicle design standards, the implications of the Americans with Disabilities Act and Clean Air

Act requirements on such design standards, and the potential

impact of revised design standards on transit ridership capacity, operating and replacement costs, air quality concerns, and

highway wear and tear.

ø(3) REPORT.—Not later than 18 months after the date of

enactment of this Act, the Secretary shall submit to the Congress a report on the result of the study conducted under paragraph (2), together with recommendations.¿

(h) OVER-THE-ROAD BUS AND PUBLIC TRANSIT VEHICLE EXEMPTION.—

(1) IN GENERAL.—The second sentence of section 127 of title

23, United States Code (relating to axle weight limitations for

vehicles using the Dwight D. Eisenhower System of Interstate

and Defense Highways), shall not apply to—

(A) any over-the-road bus (as defined in section 301 of

the Americans With Disabilities Act of 1990 (42 U.S.C.

12181)); or

(B) any vehicle that is regularly and exclusively used

as an intrastate public agency transit passenger bus.

(2) STATE ACTION.—No State or political subdivision of a

State, or any political authority of 2 or more States, shall impose any axle weight limitation on any vehicle described in

paragraph (1) in any case in which such a vehicle is using the
386

Dwight D. Eisenhower System of Interstate and Defense Highways.

* * * * * * *

øSEC. 1064. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL

FACILITIES.

ø(a) IN GENERAL.—The Secretary shall carry out a program for

construction of ferry boats and ferry terminal facilities in accordance with section 129(c) of title 23, United States Code.

ø(b) FEDERAL SHARE.—The Federal share payable for construction of ferry boats and ferry terminal facilities under this section

shall be 80 percent of the cost thereof.

ø(c) FUNDING.—There shall be available, out of the Highway

Trust Fund (other than the Mass Transit Account), to the Secretary for obligation at the discretion of the Secretary $14,000,000

for fiscal year 1992, $17,000,000 per fiscal year for each of fiscal

years 1993, 1994, 1995, and 1996, and $18,000,000 for fiscal year

1997 in carrying out this section. Sums made available to carry out

this section shall remain available until expended.

ø(d) SET-ASIDE FOR PROJECTS ON NHS.—

ø(1) IN GENERAL.—$20,000,000 of the amount made available to carry out this section for each of fiscal years 1999

through 2003 shall be obligated for the construction or refurbishment of ferry boats and ferry terminal facilities and approaches to such facilities within marine highway systems that

are part of the National Highway System.

ø(2) ALASKA.—$10,000,000 of the $20,000,000 for a fiscal

year made available under paragraph (1) shall be made available to the State of Alaska.

ø(3) NEW JERSEY.—$5,000,000 of the $20,000,000 for a fiscal year made available under paragraph (1) shall be made

available to the State of New Jersey.

ø(4) WASHINGTON.—$5,000,000 of the $20,000,000 for a fiscal year made available under paragraph (1) shall be made

available to the State of Washington.

ø(e) APPLICABILITY OF TITLE 23.—All provisions of chapter 1 of

title 23, United States Code, that are applicable to the National

Highway System, other than provisions relating to apportionment

formula and Federal share, shall apply to funds made available to

carry out this section, except as determined by the Secretary to be

inconsistent with this section.

ø(f) TREATMENT OF CERTAIN ROADS.—For purposes of this section, North Carolina State Routes 12, 45, 306, 615, and 168 and

United States Route 421 in the State of North Carolina shall be

treated as principal arterials. For further purposes of this section,

the access road from Interstate Business Route 75 to the Sugar Island Ferry Service in Chippewa County, Michigan, and the access

road from United States Route 31 to the Beaver Island Ferry Service in Charlevoix County, Michigan, shall be treated as principal

arterials.¿

* * * * * * *
387

NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF

1995

[Public Law 104–59; Approved November 28, 1995]

* * * * * * *

AN ACT To amend title 23, United States Code, to provide for the designation of

the National Highway System, and for other purposes.

* * * * * * *

SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR VEHICLES AND THEIR OPERATORS.

(a) EXEMPTIONS.—

(1) * * *

(2) TRANSPORTATION AND OPERATION OF GROUND WATER

WELL DRILLING RIGS.—Such regulations shall, in the case of a

driver of a commercial motor vehicle who is used primarily in

the transportation and operation of a ground water well drilling rig, permit any period of 7 or 8 consecutive days to end

with the beginning of an off-duty period of 24 or more consecutive hours for the purposes of determining maximum driving

and on-duty time. No additional off-duty time for a driver of

such a vehicle shall be required in order for the driver to operate the vehicle.

* * * * * * *

SEC. 358. SAFETY RESEARCH INITIATIVES.

(a) OLDER DRIVERS AND OTHER SPECIAL DRIVER GROUPS.—

(1) * * *

* * * * * * *

(b) WORK ZONE SAFETY.—

(1) * * *

(7) Recommending all federally-assisted projects in excess

of $15,000,000 to enter into contracts only with work zone safety

services contractors, traffic control contractors, and trench safety and shoring contractors that carry general liability insurance

in an amount not less than $15,000,000.

(8) Recommending federally-assisted projects the costs of

which exceed $15,000,000 to include work zone intelligent

transportation systems that are—

(A) provided by a qualified vendor; and

(B) monitored continuously.

(9) Recommending federally-assisted projects to fully fund

not less than 5 percent of project costs for work zone safety and

temporary traffic control measures, in addition to the cost of the

project, which measures shall be provided by a qualified work

zone safety or traffic control provider.

(10) Ensuring that any recommendation made under any of

paragraphs (7) through (9) provides for an exemption for applicability to a State, with respect to a project or class of projects,

to the extent that a State notifies the Secretary in writing that
388

safety is not expected to be adversely affected by nonapplication

of the requirement to the project or class of projects.

* * * * * * *

TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY

[Public Law 105–178]

* * * * * * *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Transportation Equity Act for the 21st Century’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act is

as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—FEDERAL-AID HIGHWAYS

Subtitle A—Authorizations and Programs

* * * * * * *

Subtitle C—Program Streamlining and Flexibility

* * * * * * *

Sec. 1307. Design-build contracting.

Sec. 1308. Major investment study integration.

øSec. 1309. Environmental streamlining.¿ Repealed.

* * * * * * *

Sec. 1311. Discretionary grant selection criteria and process.

* * * * * * *

TITLE V—TRANSPORTATION RESEARCH

Subtitle A—Funding

Sec. 5001. Authorization of appropriations.

Sec. 5002. Obligation ceiling.

Sec. 5003. Notice.

Subtitle B—Research and Technology

* * * * * * *

Sec. 5112. Study of future strategic highway research program.

Sec. 5113. Commercial remote sensing products and spatial information technologies.

Sec. 5114. Sense of the Congress on the year 2000 problem.

Sec. 5115. International trade traffic.

Sec. 5116. University grants.

Sec. 5117. Transportation technology innovation and demonstration program.

Sec. 5118. Drexel University Intelligent Infrastructure Institute.

* * * * * * *

øSubtitle C—Intelligent Transportation Systems¿ Repealed.

øSec. 5201. Short title.¿ Repealed.

øSec. 5202. Findings.¿ Repealed.

øSec. 5203. Goals and purposes.¿ Repealed.

øSec. 5204. General authorities and requirements.¿ Repealed.

øSec. 5205. National ITS program plan.¿ Repealed.

øSec. 5206. National architecture and standards.¿ Repealed.

øSec. 5207. Research and development.¿ Repealed.

øSec. 5208. Intelligent transportation system integration program.¿ Repealed.

øSec. 5209. Commercial vehicle intelligent transportation system infrastructure deployment.¿ Repealed.
389

øSec. 5210. Use of funds.¿ Repealed.

øSec. 5211. Definitions.¿ Repealed.

øSec. 5212. Project funding.¿ Repealed.

øSec. 5213. Repeal.¿ Repealed.

* * * * * * *

TITLE I—FEDERAL-AID HIGHWAYS

Subtitle A—Authorizations and Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

* * * * * * *

SEC. 1214. FEDERAL ACTIVITIES.

(a) * * *

* * * * * * *

(d) ADDITIONAL AUTHORIZATION OF CONTRACT AUTHORITY FOR

STATES WITH INDIAN RESERVATIONS.—

(1) * * *

* * * * * * *

(5) FUNDING.—

(A) IN GENERAL.—There is authorized to be appropriated from the Highway Trust Fund (other than the

Mass Transit Account) to carry out this subsection

ø$1,500,000 for each of fiscal years 1998 through 2003¿

$1,607,547 for each of fiscal years 2005 through 2009.

* * * * * * *

SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING

METHODS.

(a) * * *

* * * * * * *

ø(b) INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION PILOT PROGRAM.—

ø(1) ESTABLISHMENT.—øThe Secretary¿ Notwithstanding

section 301, the Secretary shall establish and implement an

Interstate System reconstruction and rehabilitation pilot program under which the Secretary, notwithstanding sections 129

and 301 of title 23, United States Code, may permit a State to

collect tolls on a highway, bridge, or tunnel on the Interstate

System for the purpose of reconstructing and rehabilitating

Interstate highway corridors øthat could not otherwise be adequately maintained or functionally improved without the collection of tolls¿.

ø(2) LIMITATION ON NUMBER OF FACILITIES.—The Secretary

may permit the collection of tolls under this subsection on 3 facilities on the Interstate System. One such facility shall be located in Virginia. Each of such facilities shall be located in a

different State.

ø(3) ELIGIBILITY.—To be eligible to participate in the pilot

program, a State shall submit to the Secretary an application

that contains, at a minimum, the following:
390

ø(A) An identification of the facility on the Interstate

System proposed to be a toll facility, including the age,

condition, and intensity of use of the facility.

ø(B) In the case of a facility that affects a metropolitan area, an assurance that the metropolitan planning organization established under section 134 of title 23, United

States Code, for the area has been consulted concerning

the placement and amount of tolls on the facility.

øø(C) An analysis demonstrating that the facility

could not be maintained or improved to meet current or future needs from the State’s apportionments and allocations

made available by this Act (including amendments made

by this Act) and from revenues for highways from any

other source without toll revenues.¿

ø(C) An analysis demonstrating that financing the reconstruction or rehabilitation of the facility with the collection of tolls under this pilot program is the most efficient,

economical, or expeditious way to advance the project.

ø(D) A facility management plan that includes—

ø(i) a plan for implementing the imposition of tolls

on the facility;

ø(ii) a schedule and finance plan for the reconstruction or rehabilitation of the facility using toll revenues;

ø(iii) a description of the public transportation

agency that will be responsible for implementation

and administration of the pilot program;

ø(iv) a description of whether consideration will be

given to privatizing the maintenance and operational

aspects of the facility, while retaining legal and administrative control of the portion of the Interstate

route; and

ø(v) such other information as the Secretary may

require.

ø(4) SELECTION CRITERIA.—The Secretary may approve the

application of a State under paragraph (3) only if the Secretary

determines that—

øø(A) the State is unable to reconstruct or rehabilitate

the proposed toll facility using existing apportionments;¿

ø(A) the State’s analysis showing that financing the reconstruction or rehabilitation of a facility with the collection of tolls under the pilot program is the most efficient,

economical, or expeditious way to advance the project;

øø(B) the facility has a sufficient intensity of use, age,

or condition to warrant the collection of tolls;¿

ø(B) the facility needs reconstruction or rehabilitation,

including major work that may require replacing sections

of the existing facility on new alignment;

øø(C) the State plan for implementing tolls on the facility takes into account the interests of local, regional, and

interstate travelers;¿

øø(D)¿ (C) the State plan for reconstruction or rehabilitation of the facility using toll revenues is reasonable;

and
391

øø(E)¿ (D) the State has given preference to the use

of a public toll agency with demonstrated capability to

build, operate, and maintain a toll expressway system

meeting criteria for the Interstate System.

ø(5) LIMITATIONS ON USE OF REVENUES; AUDITS.—Before

the Secretary may permit a State to participate in the pilot

program, the State must enter into an agreement with the Secretary that provides that—

ø(A) all toll revenues received from operation of the

toll facility will be used only for—

ø(i) debt service;

ø(ii) reasonable return on investment of any private person financing the project; and

ø(iii) any costs necessary for the improvement of

and the proper operation and maintenance of the toll

facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and

ø(B) regular audits will be conducted to ensure compliance with subparagraph (A) and the results of such audits

will be transmitted to the Secretary.

ø(6) LIMITATION ON USE OF INTERSTATE MAINTENANCE

FUNDS.—During the term of the pilot program, funds apportioned for Interstate maintenance under section 104(b)(4) of

title 23, United States Code, may not be used on a facility for

which tolls are being collected under the program.

ø(7) PROGRAM TERM.—The Secretary shall conduct the

pilot program under this subsection for a term to be determined by the Secretary, but not less than 10 years.

ø(8) INTERSTATE SYSTEM DEFINED.—In this subsection, the

term ‘‘Interstate System’’ has the meaning such term has

under section 101 of title 23, United States Code.¿

* * * * * * *

øSEC. 1309. ENVIRONMENTAL STREAMLINING.

ø(a) COORDINATED ENVIRONMENTAL REVIEW PROCESS.—

ø(1) DEVELOPMENT AND IMPLEMENTATION.—The Secretary

shall develop and implement a coordinated environmental review process for highway construction and mass transit

projects that require—

ø(A) the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), except that the Secretary may decide not to apply this section to the preparation of an environmental assessment

under such Act; or

ø(B) the conduct of any other environmental review,

analysis, opinion, or issuance of an environmental permit,

license, or approval by operation of Federal law.

ø(2) MEMORANDUM OF UNDERSTANDING.— ø(A) IN GENERAL.—The coordinated environmental review process for each project shall ensure that, whenever

practicable (as specified in this section), all environmental

reviews, analyses, opinions, and any permits, licenses, or

approvals that must be issued or made by any Federal
392

agency for the project concerned shall be conducted concurrently and completed within a cooperatively determined

time period. Such process for a project or class of project

may be incorporated into a memorandum of understanding

between the Department of Transportation and Federal

agencies (and, where appropriate, State agencies).

ø(B) ESTABLISHMENT OF TIME PERIODS.—In establishing the time period referred to in subparagraph (A),

and any time periods for review within such period, the

Department and all such agencies shall take into account

their respective resources and statutory commitments.

ø(b) ELEMENTS OF COORDINATED ENVIRONMENTAL REVIEW

PROCESS.—For each project, the coordinated environmental review

process established under this section shall provide, at a minimum,

for the following elements:

ø(1) FEDERAL AGENCY IDENTIFICATION.—The Secretary

shall, at the earliest possible time, identify all potential Federal agencies that—

ø(A) have jurisdiction by law over environmental-related issues that may be affected by the project and the

analysis of which would be part of any environmental document required by the National Environmental Policy Act

of 1969 (42 U.S.C. 4321 et seq.); or

ø(B) may be required by Federal law to

independently—

ø(i) conduct an environmental-related review or

analysis; or

ø(ii) determine whether to issue a permit, license,

or approval or render an opinion on the environmental

impact of the project.

ø(2) TIME LIMITATIONS AND CONCURRENT REVIEW.—The

Secretary and the head of each Federal agency identified under

paragraph (1)—

ø(A)(i) shall jointly develop and establish time periods

for review for—

ø(I) all Federal agency comments with respect to

any environmental review documents required by the

National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.) for the project; and

ø(II) all other independent Federal agency environmental analyses, reviews, opinions, and decisions

on any permits, licenses, and approvals that must be

issued or made for the project;

øwhereby each such Federal agency’s review shall be undertaken and completed within such established time periods for review; or

ø(ii) may enter into an agreement to establish such

time periods for review with respect to a class of project;

and

ø(B) shall ensure, in establishing such time periods for

review, that the conduct of any such analysis, review, opinion, and decision is undertaken concurrently with all other

environmental reviews for the project, including the reviews required by the National Environmental Policy Act
393

of 1969 (42 U.S.C. 4321 et seq.); except that such review

may not be concurrent if the affected Federal agency can

demonstrate that such concurrent review would result in

a significant adverse impact to the environment or substantively alter the operation of Federal law or would not

be possible without information developed as part of the

environmental review process.

ø(3) FACTORS TO BE CONSIDERED.—Time periods for review

established under this section shall be consistent with the time

periods established by the Council on Environmental Quality

under sections 1501.8 and 1506.10 of title 40, Code of Federal

Regulations.

ø(4) EXTENSIONS.—The Secretary shall extend any time

periods for review under this section if, upon good cause

shown, the Secretary and any Federal agency concerned determine that additional time for analysis and review is needed as

a result of new information that has been discovered that could

not reasonably have been anticipated when the Federal agency’s time periods for review were established. Any memorandum of understanding shall be modified to incorporate any

mutually agreed-upon extensions.

ø(c) DISPUTE RESOLUTION.—When the Secretary determines

that a Federal agency which is subject to a time period for its environmental review or analysis under this section has failed to complete such review, analysis, opinion, or decision on issuing any permit, license, or approval within the established time period or within any agreed-upon extension to such time period, the Secretary

may, after notice and consultation with such agency, close the

record on the matter before the Secretary. If the Secretary finds,

after timely compliance with this section, that an environmental

issue related to the project that an affected Federal agency has jurisdiction over by operation of Federal law has not been resolved,

the Secretary and the head of the Federal agency shall resolve the

matter not later than 30 days after the date of the finding by the

Secretary.

ø(d) PARTICIPATION OF STATE AGENCIES.—For any project eligible for assistance under chapter 1 of title 23, United States Code,

or chapter 53 of title 49, United States Code, a State, by operation

of State law, may require that all State agencies that have jurisdiction by State or Federal law over environmental-related issues that

may be affected by the project, or that are required to issue any

environmental-related reviews, analyses, opinions, or determinations on issuing any permits, licenses, or approvals for the project,

be subject to the coordinated environmental review process established under this section unless the Secretary determines that a

State’s participation would not be in the public interest. For a

State to require State agencies to participate in the review process,

all affected agencies of the State shall be subject to the review

process.

ø(e) ASSISTANCE TO AFFECTED FEDERAL AGENCIES.—

ø(1) IN GENERAL.—The Secretary may approve a request

by a State or recipient to provide funds for a highway project

made available under chapter 1 of title 23, United States Code,

or for a mass transit project made available under chapter 53
394

of title 49, United States Code, to the State for the project subject to the coordinated environmental review process established under this section to affected Federal agencies to provide the resources necessary to meet any time limits established under this section.

ø(2) AMOUNTS.—Such requests under paragraph (1) shall

be approved only—

ø(A) for the additional amounts that the Secretary determines are necessary for the affected Federal agencies to

meet the time limits for environmental review; and

ø(B) if such time limits are less than the customary

time necessary for such review.

ø(f) JUDICIAL REVIEW AND SAVINGS CLAUSE.—

ø(1) JUDICIAL REVIEW.—Nothing in this section shall affect

the reviewability of any final Federal agency action in a district court of the United States or in the court of any State.

ø(2) SAVINGS CLAUSE.—Nothing in this section shall affect

the applicability of the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental statute or affect the responsibility of any Federal officer

to comply with or enforce any such statute.

ø(g) FEDERAL AGENCY DEFINED.—In this section, the term

‘‘Federal agency’’ means any Federal agency or any State agency

carrying out affected responsibilities required by operation of Federal law.¿

* * * * * * *

CHAPTER 2—STATE INFRASTRUCTURE BANK PILOT

PROGRAM

SEC. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRAM.

(a) * * *

* * * * * * *

(b) COOPERATIVE AGREEMENTS.—

(1) IN GENERAL.—

(A) PURPOSE OF AGREEMENTS.—Subject to this section,

the Secretary may enter into cooperative agreements with

the States of California, Florida, øMissouri, and Rhode Island, and Texas for the establishment¿ Missouri, Rhode Island, Texas, and any other State that seeks such an agreement for the establishment of State infrastructure banks

and multistate infrastructure banks for making loans and

providing other assistance to public and private entities

carrying out or proposing to carry out projects eligible for

assistance under this section, provided that Texas may not

compete for funds previously allocated or appropriated to

any other State.

* * * * * * *
395

TITLE V—TRANSPORTATION RESEARCH

SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.

(a) * * *

* * * * * * *

SEC. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION PROGRAM.

(a) IN GENERAL.—The Secretary shall carry out a transportation technology innovation and demonstration program in accordance with the requirements of this section.

(b) CONTENTS OF PROGRAM.—

(1) * * *

* * * * * * *

(3) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—

(A) IN GENERAL.—The Secretary shall carry out a program to advance the deployment of an operational intelligent transportation infrastructure system for the measurement of various transportation system activities to aid

in the transportation planning and analysis while making

a significant contribution to the ITS program under this

title. This program shall be initiated in the 2 largest metropolitan areas in the Commonwealth of Pennsylvania.

The program may locate its database at the facility authorized under paragraph (6).

(B) DESCRIPTION.—The program under this section

shall meet the following objectives:

(i) øBuild an¿ Build or integrate an infrastructure

of the measurement of various transportation system

metrics to aid in planning, analysis, and maintenance

of the Department of Transportation, including the

buildout, maintenance, and operation of greater than

40 metropolitan area systems with a cost not to exceed

ø$2,000,000¿ $2,500,000 per metropolitan area. For

the purposes of this demonstration initiative, a metropolitan area is defined as any area that has a population exceeding ø300,000 and that¿ 300,000, meets

several of the criteria established by the Secretary in

conjunction with the intelligent vehicle highway systems corridors program, and includes major transportation corridors serving that metropolitan area.

(ii) Provide private technology commercialization

initiatives to generate revenues which will be øshared

with the Department of Transportation.¿ reinvested in

the intelligent transportation infrastructure system.

ø(iii) Collect data primarily through wireless

transmission along with some shared wide area networks.¿

ø(iv)¿ (iii) Aggregate data into reports for

multipoint data distribution techniques.

ø(v)¿ (iv) Utilize an advanced information system

designed and monitored by an entity with experience

with the Department of Transportation in the design
396

and monitoring of high reliability, mission critical

voice and data systems.

(C) FOLLOW-ON DEPLOYMENT.—(i) After an intelligent

transportation infrastructure system deployed in an initial

deployment area pursuant to a contract entered into under

the program under this paragraph has received system acceptance, the Department of Transportation has the authority to extend the original contract that was competitively awarded for the deployment of the system in the follow-on deployment areas under the contract, using the

same asset ownership, maintenance, fixed price contract,

and revenue sharing model, and the same competitively

selected consortium leader, as were used for the deployment in that initial deployment area under the program.

(ii) If any one of the follow-on deployment areas does

not commit, by øJuly 1, 2002¿ the date that is 180 days

after the date of enactment of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005, to

participate in the deployment of the system under the contract, then, upon application by any of the other follow-on

deployment areas that have committed by that date to participate in the deployment of the system, the Secretary

shall supplement the funds made available for any of the

follow-on deployment areas submitting the applications by

using for that purpose the funds not used for deployment

of the system in the nonparticipating area. Costs paid out

of funds provided in such a supplementation shall not be

counted for the purpose of the limitation on maximum cost

set forth in subparagraph (B).

(D) ELIGIBILITY.—In addition to the amounts made

available under subparagraph (F), the program authorized

under this paragraph shall be eligible for funding under

sections 5207 and 5208 of this Act.

(E) DEFINITIONS.—In this paragraph:

(i) The term ‘‘initial deployment area’’ means a

metropolitan area referred to in the second sentence of

subparagraph (A).

ø(ii) The term ‘‘follow-on deployment areas’’ means

the metropolitan areas of Baltimore, Birmingham,

Boston, Chicago, Cleveland, Dallas/Ft. Worth, Denver,

Detroit, Houston, Indianapolis, Las Vegas, Los Angeles, Miami, New York/Northern New Jersey, Northern

Kentucky/Cincinnati, Oklahoma City, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, Providence,

Salt Lake, San Diego, San Francisco, St. Louis, Seattle, Tampa, and Washington, District of Columbia.¿

(ii) The term ‘‘follow-on deployment areas’’ means

the metropolitan areas of Albany, Atlanta, Austin, Baltimore, Birmingham, Boston, Burlington Vermont,

Charlotte, Chicago, Cleveland, Columbus, Dallas/Ft.

Worth, Denver, Detroit, Greensboro, Hartford, Houston,

Indianapolis, Jacksonville, Kansas City, Las Vegas,

Los Angeles, Louisville, Miami, Milwaukee, Minneapolis-St. Paul, Nashville, New Orleans, New York/
397

Northern New Jersey, Norfolk, Northern Kentucky/

Cincinnati, Oklahoma City, Orlando, Philadelphia,

Phoenix, Pittsburgh, Portland, Providence, Raleigh,

Richmond, Sacramento, Salt Lake, San Diego, San

Francisco, San Jose, St. Louis, Seattle, Tampa, Tucson, Tulsa, and Washington, District of Columbia.

(F) FUNDING.—øOf the amounts¿

(i) THIS ACT.—Of the amounts made available for

each of fiscal years 1998 through 2003 by section

5001(a)(2) of this Act, $1,700,000 per fiscal year shall

be available to carry out this paragraph.

(ii) SAFETEA.—There are authorized to be appropriated out of the Highway Trust Fund (other than the

Mass Transit Account) $4,465,409 for each fiscal year

to carry out this paragraph.

(iii) AVAILABILITY; NO REDUCTION OR SETASIDE.—

Amounts made available by this subparagraph—

(I) shall remain available until expended; and

(II) shall not be subject to any reduction or setaside.

(G) FEDERAL SHARE.—The Federal share of the cost of

a program carried out under this paragraph shall be 80

percent of the cost of such program.

(H) USE OF RIGHTS-OF-WAY.—

(i) IN GENERAL.—An intelligent transportation system project described in paragraph (3) or (6) that involves privately owned intelligent transportation system components and is carried out using funds made

available from the Highway Trust Fund shall not be

subject to any law (including a regulation) of a State

or political subdivision of a State prohibiting or regulating commercial activities in the rights-of-way of a

highway for which Federal-aid highway funds have

been used for planning, design, construction, or maintenance, if the Secretary determines that such use is in

the public interest.

(ii) EFFECT OF SUBPARAGRAPH.—Nothing in this

subparagraph affects the authority of a State or political subdivision of a State to regulate highway safety.

* * * * * * *

øSUBTITLE C—INTELLIGENT TRANSPORTATION SYSTEMS

øSEC. 5201. SHORT TITLE.

øThis subtitle may be cited as the ‘‘Intelligent Transportation

Systems Act of 1998’’.

øSEC. 5202. FINDINGS.

øCongress finds that—

ø(1) investments authorized by the Intermodal Surface

Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.)

have demonstrated that intelligent transportation systems can

mitigate surface transportation problems in a cost-effective

manner; and
398

ø(2) continued investment in architecture and standards

development, research, and systems integration is needed to

accelerate the rate at which intelligent transportation systems

are incorporated into the national surface transportation network, thereby improving transportation safety and efficiency

and reducing costs and negative impacts on communities and

the environment.

øSEC. 5203. GOALS AND PURPOSES.

ø(a) GOALS.—The goals of the intelligent transportation system

program include—

ø(1) enhancement of surface transportation efficiency and

facilitation of intermodalism and international trade to enable

existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods,

and services, and to reduce regulatory, financial, and other

transaction costs to public agencies and system users;

ø(2) achievement of national transportation safety goals,

including the enhancement of safe operation of motor vehicles

and nonmotorized vehicles, with particular emphasis on decreasing the number and severity of collisions;

ø(3) protection and enhancement of the natural environment and communities affected by surface transportation, with

particular emphasis on assisting State and local governments

to achieve national environmental goals;

ø(4) accommodation of the needs of all users of surface

transportation systems, including operators of commercial vehicles, passenger vehicles, and motorcycles, and including individuals with disabilities; and

ø(5) improvement of the Nation’s ability to respond to

emergencies and natural disasters and enhancement of national defense mobility.

ø(b) PURPOSES.—The Secretary shall implement activities

under the intelligent system transportation program to, at a

minimum—

ø(1) expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for

consumers of passenger and freight transportation;

ø(2) ensure that Federal, State, and local transportation

officials have adequate knowledge of intelligent transportation

systems for full consideration in the transportation planning

process;

ø(3) improve regional cooperation and operations planning

for effective intelligent transportation system deployment;

ø(4) promote the innovative use of private resources;

ø(5) develop a workforce capable of developing, operating,

and maintaining intelligent transportation systems; and

ø(6) complete deployment of Commercial Vehicle Information Systems and Networks in a majority of States by September 30, 2003.

øSEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS.

ø(a) SCOPE.—Subject to the provisions of this subtitle, the Secretary shall conduct an ongoing intelligent transportation system

program to research, develop, and operationally test intelligent
399

transportation systems and advance nationwide deployment of such

systems as a component of the surface transportation systems of

the United States.

ø(b) POLICY.—Intelligent transportation system operational

tests and deployment projects funded pursuant to this subtitle

shall encourage and not displace public-private partnerships or private sector investment in such tests and projects.

ø(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, AND EDU- CATIONAL ENTITIES.—The Secretary shall carry out the intelligent

transportation system program in cooperation with State and local

governments and other public entities, the United States private

sector, the Federal laboratories, and colleges and universities, including historically black colleges and universities and other minority institutions of higher education.

ø(d) CONSULTATION WITH FEDERAL OFFICIALS.—In carrying out

the intelligent transportation system program, the Secretary, as

appropriate, shall consult with the Secretary of Commerce, the Secretary of the Treasury, the Administrator of the Environmental

Protection Agency, the Director of the National Science Foundation,

and the heads of other Federal departments and agencies.

ø(e) TECHNICAL ASSISTANCE, TRAINING, AND INFORMATION.— The Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, or evaluate intelligent transportation system technologies and services.

ø(f) TRANSPORTATION PLANNING.—The Secretary may provide

funding to support adequate consideration of transportation system

management and operations, including intelligent transportation

systems, within metropolitan and statewide transportation planning processes.

ø(g) INFORMATION CLEARINGHOUSE.—

ø(1) IN GENERAL.—The Secretary shall—

ø(A) maintain a repository for technical and safety

data collected as a result of federally sponsored projects

carried out under this subtitle; and

ø(B) on request, make that information (except for proprietary information and data) readily available to all

users of the repository at an appropriate cost.

ø(2) DELEGATION OF AUTHORITY.—

ø(A) IN GENERAL.—The Secretary may delegate the responsibility of the Secretary under this subsection, with

continuing oversight by the Secretary, to an appropriate

entity not within the Department of Transportation.

ø(B) FEDERAL ASSISTANCE.—If the Secretary delegates

the responsibility, the entity to which the responsibility is

delegated shall be eligible for Federal assistance under

this section.

ø(h) ADVISORY COMMITTEES.— ø(1) IN GENERAL.—In carrying out this subtitle, the Secretary may use 1 or more advisory committees.

ø(2) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE

ACT.—Any advisory committee so used shall be subject to the

Federal Advisory Committee Act (5 U.S.C. App.).

ø(i) PROCUREMENT METHODS.—
400

ø(1) TECHNICAL ASSISTANCE.—The Secretary shall develop

appropriate technical assistance and guidance to assist State

and local agencies in evaluating and selecting appropriate

methods of procurement for intelligent transportation system

projects carried out using funds made available from the Highway Trust Fund, including innovative and nontraditional

methods such as the Information Technology Omnibus Procurement.

ø(2) INTELLIGENT TRANSPORTATION SYSTEM SOFTWARE.—To

the maximum extent practicable, contracting officials shall use

as a critical evaluation criterion the Software Engineering Institute’s Capability Maturity Model, or another similar recognized standard risk assessment methodology, to reduce the

cost, schedule, and performance risks associated with the development, management, and integration of intelligent transportation system software.

ø(j) EVALUATIONS.—

ø(1) GUIDELINES AND REQUIREMENTS.—

ø(A) IN GENERAL.—The Secretary shall issue guidelines and requirements for the evaluation of operational

tests and deployment projects carried out under this subtitle.

ø(B) OBJECTIVITY AND INDEPENDENCE.—The guidelines

and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the evaluator so as to avoid any real or apparent

conflict of interest or potential influence on the outcome by

parties to any such test or deployment project or by any

other formal evaluation carried out under this subtitle.

ø(C) FUNDING.—The guidelines and requirements

issued under subparagraph (A) shall establish evaluation

funding levels based on the size and scope of each test or

project that ensure adequate evaluation of the results of

the test or project.

ø(2) SPECIAL RULE.—Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the

evaluation of any test, deployment project, or program assessment activity under this subtitle shall not be subject to chapter

35 of title 44.

ø(k) USE OF RIGHTS-OF-WAY.—Intelligent transportation system projects specified in section 5117(b)(3) and 5117(b)(6) and involving privately owned intelligent transportation system components that is carried out using funds made available from the

Highway Trust Fund shall not be subject to any law or regulation

of a State or political subdivision of a State prohibiting or regulating commercial activities in the rights-of-way of a highway for

which Federal-aid highway funds have been utilized for planning,

design, construction, or maintenance, if the Secretary of Transportation determines that such use is in the public interest. Nothing

in this subsection shall affect the authority of a State or political

subdivision of a State to regulate highway safety.

øSEC. 5205. NATIONAL ITS PROGRAM PLAN.

ø(a) IN GENERAL.—
401

ø(1) UPDATES.—The Secretary shall maintain and update,

as necessary, the National ITS Program Plan developed by the

Department of Transportation and the Intelligent Transportation Society of America.

ø(2) SCOPE.—The National ITS Program Plan shall—

ø(A) specify the goals, objectives, and milestones for

the research and deployment of intelligent transportation

systems in the context of major metropolitan areas, smaller metropolitan and rural areas, and commercial vehicle

operations;

ø(B) specify how specific programs and projects will

achieve the goals, objectives, and milestones referred to in

subparagraph (A), including consideration of the 5- and 10-

year timeframes for the goals and objectives;

ø(C) identify activities that provide for the dynamic

development of standards and protocols to promote and ensure interoperability in the implementation of intelligent

transportation system technologies, including actions

taken to establish critical standards; and

ø(D) establish a cooperative process with State and

local governments for determining desired surface transportation system performance levels and developing plans

for incorporation of specific intelligent transportation system capabilities into surface transportation systems.

ø(b) REPORTING.—The plan described in subsection (a) shall be

transmitted and updated as part of the Surface Transportation Research and Development Strategic Plan developed under section

508 of title 23, United States Code.

øSEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS.

ø(a) IN GENERAL.—

ø(1) DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE.—Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272

note; 110 Stat. 783), the Secretary shall develop, implement,

and maintain a national architecture and supporting standards

and protocols to promote the widespread use and evaluation of

intelligent transportation system technology as a component of

the surface transportation systems of the United States.

ø(2) INTEROPERABILITY AND EFFICIENCY.—To the maximum

extent practicable, the national architecture shall promote

interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United

States.

ø(3) USE OF STANDARDS DEVELOPMENT ORGANIZATIONS.—In

carrying out this section, the Secretary may use the services of

such standards development organizations as the Secretary determines to be appropriate.

ø(b) REPORT ON CRITICAL STANDARDS.—Not later than June 1,

1999, the Secretary shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on

Transportation and Infrastructure and the Committee on Science of

the House of Representatives identifying which standards are critical to ensuring national interoperability or critical to the develop-
402

ment of other standards and specifying the status of the development of each standard identified.

ø(c) PROVISIONAL STANDARDS.—

ø(1) IN GENERAL.—If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives identified in subsection (a), the Secretary may establish a provisional

standard after consultation with affected parties, and using, to

the extent practicable, the work product of appropriate standards development organizations.

ø(2) CRITICAL STANDARDS.—If a standard identified as critical in the report under subsection (b) is not adopted and published by the appropriate standards development organization

by January 1, 2001, the Secretary shall establish a provisional

standard after consultation with affected parties, and using, to

the extent practicable, the work product of appropriate standards development organizations.

ø(3) PERIOD OF EFFECTIVENESS.—A provisional standard

established under paragraph (1) or (2) shall be published in the

Federal Register and remain in effect until the appropriate

standards development organization adopts and publishes a

standard.

ø(d) WAIVER OF REQUIREMENT TO ESTABLISH PROVISIONAL

STANDARD.—

ø(1) IN GENERAL.—The Secretary may waive the requirement under subsection (c)(2) to establish a provisional standard if the Secretary determines that additional time would be

productive or that establishment of a provisional standard

would be counterproductive to achieving the timely achievement of the objectives identified in subsection (a).

ø(2) NOTICE.—The Secretary shall publish in the Federal

Register a notice describing each standard for which a waiver

of the provisional standard requirement has been granted, the

reasons for and effects of granting the waiver, and an estimate

as to when the standard is expected to be adopted through a

process consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272

note; 110 Stat. 783).

ø(3) WITHDRAWAL OF WAIVER.—At any time the Secretary

may withdraw a waiver granted under paragraph (1). Upon

such withdrawal, the Secretary shall publish in the Federal

Register a notice describing each standard for which a waiver

has been withdrawn and the reasons for withdrawing the waiver.

ø(e) CONFORMITY WITH NATIONAL ARCHITECTURE.—

ø(1) IN GENERAL.—Except as provided in paragraphs (2)

and (3), the Secretary shall ensure that intelligent transportation system projects carried out using funds made available

from the Highway Trust Fund, including funds made available

under this subtitle to deploy intelligent transportation system

technologies, conform to the national architecture, applicable

standards or provisional standards, and protocols developed

under subsection (a).
403

ø(2) SECRETARY’S DISCRETION.—The Secretary may authorize exceptions to paragraph (1) for—

ø(A) projects designed to achieve specific research objectives outlined in the National ITS Program Plan under

section 5205 or the Surface Transportation Research and

Development Strategic Plan developed under section 508 of

title 23, United States Code; or

ø(B) the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of

this subtitle, if the Secretary determines that the upgrade

or expansion—

ø(i) would not adversely affect the goals or purposes of this subtitle;

ø(ii) is carried out before the end of the useful life

of such system; and

ø(iii) is cost-effective as compared to alternatives

that would meet the conformity requirement of paragraph (1).

ø(3) EXCEPTIONS.—Paragraph (1) shall not apply to funds

used for operation or maintenance of an intelligent transportation system in existence on the date of enactment of this subtitle.

ø(f) SPECTRUM.—The Federal Communications Commission

shall consider, in consultation with the Secretary, spectrum needs

for the operation of intelligent transportation systems, including

spectrum for the dedicated short-range vehicle-to-wayside wireless

standard. Not later than January 1, 2000, the Federal Communications Commission shall have completed a rulemaking considering

the allocation of spectrum for intelligent transportation systems.

øSEC. 5207. RESEARCH AND DEVELOPMENT.

ø(a) IN GENERAL.—The Secretary shall carry out a comprehensive program of intelligent transportation system research, development and operational tests of intelligent vehicles and intelligent infrastructure systems, and other similar activities that are necessary to carry out this subtitle.

ø(b) PRIORITY AREAS.—Under the program, the Secretary shall

give higher priority to funding projects that—

ø(1) address traffic management, incident management,

transit management, toll collection, traveler information, or

highway operations systems;

ø(2) focus on crash-avoidance and integration of in-vehicle

crash protection technologies with other on-board safety systems, including the interaction of air bags and safety belts;

ø(3) incorporate human factors research, including the

science of the driving process;

ø(4) facilitate the integration of intelligent infrastructure,

vehicle, and control technologies, including magnetic guidance

control systems or other materials or magnetics research; or

ø(5) incorporate research on the impact of environmental,

weather, and natural conditions on intelligent transportation

systems, including the effects of cold climates.

ø(c) OPERATIONAL TESTS.—Operational tests conducted under

this section shall be designed for the collection of data to permit

objective evaluation of the results of the tests, derivation of cost-
404

benefit information that is useful to others contemplating deployment of similar systems, and development and implementation of

standards.

ø(d) FEDERAL SHARE.—The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not exceed 80 percent.

øSEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION

PROGRAM.

ø(a) IN GENERAL.—The Secretary shall conduct a comprehensive program to accelerate the integration and interoperability of

intelligent transportation systems in metropolitan and rural areas.

Under the program, the Secretary shall select for funding, through

competitive solicitation, projects that will serve as models to improve transportation efficiency, promote safety (including safe

freight movement), increase traffic flow (including the flow of intermodal travel at ports of entry), reduce emissions of air pollutants,

improve traveler information, enhance alternative transportation

modes, build on existing intelligent transportation system projects,

or promote tourism.

ø(b) SELECTION OF PROJECTS.—Under the program, the Secretary shall give priority to funding projects that—

ø(1) contribute to national deployment goals and objectives

outlined in the National ITS Program Plan under section 5205;

ø(2) demonstrate a strong commitment to cooperation

among agencies, jurisdictions, and the private sector, as evidenced by signed memoranda of understanding that clearly define the responsibilities and relations of all parties to a partnership arrangement, including institutional relationships and

financial agreements needed to support deployment;

ø(3) encourage private sector involvement and financial

commitment, to the maximum extent practicable, through innovative financial arrangements, especially public-private partnerships, including arrangements that generate revenue to offset public investment costs;

ø(4) demonstrate commitment to a comprehensive plan of

fully integrated intelligent transportation system deployment

in accordance with the national architecture and standards

and protocols established under section 5206;

ø(5) are part of approved plans and programs developed

under applicable statewide and metropolitan transportation

planning processes and applicable State air quality implementation plans, as appropriate, at the time at which Federal

funds are sought;

ø(6) minimize the relative percentage and amount of Federal contributions under this section to total project costs;

ø(7) ensure continued, long-term operations and maintenance without continued reliance on Federal funding under

this subtitle, as evidenced by documented evidence of fiscal capacity and commitment from anticipated public and private

sources;

ø(8) demonstrate technical capacity for effective operations

and maintenance or commitment to acquiring necessary skills;

ø(9) mitigate any adverse impacts on bicycle and pedestrian transportation and safety; or
405

ø(10) in the case of a rural area, meet other safety, mobility, geographic and regional diversity, or economic development

criteria as determined by the Secretary.

ø(c) FISCAL YEAR LIMITATIONS.—Of the amounts made available to carry out this section for a fiscal year—

ø(1) not more that $15,000,000 may be used for projects in

a single metropolitan area;

ø(2) not more than $2,000,000 may be used for projects in

a single rural area; and

ø(3) not more than $35,000,000 may be used for projects

in a State.

ø(d) FUNDING LIMITATIONS.— ø(1) PROJECTS IN METROPOLITAN AREAS.—Funding under

this section for intelligent transportation infrastructure

projects in metropolitan areas shall be used primarily for activities necessary to integrate intelligent transportation infrastructure elements that are either deployed or to be deployed

with other sources of funds.

ø(2) OTHER PROJECTS.—For projects outside metropolitan

areas, funding provided under this subtitle may also be used

for installation of intelligent transportation infrastructure elements.

ø(e) FUNDING FOR RURAL AREAS.—The Secretary shall allocate

not less than 10 percent of funds authorized by section

5001(c)(4)(A) in rural areas for intelligent transportation infrastructure deployment activities funded under this section to carry

out intelligent transportation infrastructure deployment activities

in rural areas.

ø(f) FEDERAL SHARE.— ø(1) FUNDS MADE AVAILABLE UNDER THIS SECTION.—The

Federal share of the cost of a project payable from funds made

available under this section shall not exceed 50 percent.

ø(2) FUNDS MADE AVAILABLE FROM ALL FEDERAL

SOURCES.—The total Federal share of the cost of a project payable from all eligible sources (including this section) shall not

exceed 80 percent.

ø(g) CORRIDOR DEVELOPMENT AND COORDINATION.— ø(1) IN GENERAL.—The Secretary shall encourage

multistate cooperative agreements, coalitions, or other arrangements intended to promote regional cooperation, planning, and

shared project implementation for intelligent transportation

system projects.

ø(2) GREAT LAKES ITS IMPLEMENTATION.—

ø(A) IN GENERAL.—The Secretary shall make grants

under this subsection to the State of Wisconsin to continue

ITS activities in the corridor serving the Greater Milwaukee, Wisconsin, Chicago, Illinois, and Gary, Indiana,

areas initiated under the Intermodal Surface Transportation Efficiency Act of 1991 and other areas of the State.

ø(B) FUNDING.—Of the amounts made available for

each of fiscal years 1998 through 2003 under section

5001(c)(4)(A) of this Act, $2,000,000 per fiscal year shall be

available to carry out this paragraph.

ø(3) NORTHEAST ITS IMPLEMENTATION.—
406

ø(A) IN GENERAL.—The Secretary shall make grants

under this subsection to the States to continue ITS activities in the Interstate Route I–95 corridor in the northeastern United States initiated under the Intermodal Surface Transportation Efficiency Act of 1991.

ø(B) FUNDING.—Of the amounts made available for

each of fiscal years 1998 through 2003 under section

5001(c)(4)(A) of this Act, $5,000,000 per fiscal year shall be

available to carry out this paragraph.

øSEC. 5209. COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION

SYSTEM INFRASTRUCTURE DEPLOYMENT.

ø(a) IN GENERAL.—The Secretary shall carry out a comprehensive program to deploy intelligent transportation systems that—

ø(1) improve the safety and productivity of commercial vehicles and drivers; and

ø(2) reduce costs associated with commercial vehicle operations and Federal and State commercial vehicle regulatory requirements.

ø(b) PURPOSE.—The program shall advance the technological

capability and promote the deployment of intelligent transportation

system applications to commercial vehicle operations, including

commercial vehicle, commercial driver, and carrier-specific information systems and networks.

ø(c) PRIORITY AREAS.—In carrying out the program, the Secretary shall give priority to projects that—

ø(1) encourage multistate cooperation and corridor development;

ø(2)(A) improve the safety of commercial vehicle operations; and

ø(B) increase the efficiency of regulatory inspection processes to reduce administrative burdens by advancing technology to facilitate inspections and generally increase the effectiveness of enforcement efforts;

ø(3)(A) advance electronic processing of registration information, driver licensing information, fuel tax information, inspection and crash data, and other safety information; and

ø(B) promote communication of the information among the

States; or

ø(4) enhance the safe passage of commercial vehicles

across the United States and across international borders.

ø(d) LEVERAGING OF FEDERAL FUNDS.—Federal funds used to

carry out the program shall, to the maximum extent practicable—

ø(1) be leveraged with non-Federal funds; and

ø(2) be used for activities not carried out through the use

of private funds.

ø(e) FEDERAL SHARE.—The Federal share of the cost of the

project payable from funds made available to carry out this section

shall not exceed 50 percent. The total Federal share of the cost of

the project payable from all eligible sources shall not exceed 80 percent.

øSEC. 5210. USE OF FUNDS.

ø(a) OUTREACH AND PUBLIC RELATIONS LIMITATION.—
407

ø(1) IN GENERAL.—For each fiscal year, not more than $5,000,000 of the funds made available to carry out this subtitle shall be used for intelligent transportation system outreach, public relations, displays, scholarships, tours, and brochures.

ø(2) APPLICABILITY.—Paragraph (1) shall not apply to intelligent transportation system training or the publication or

distribution of research findings, technical guidance, or similar

documents.

ø(b) INFRASTRUCTURE DEVELOPMENT.—Funds made available

to carry out this subtitle for operational tests and deployment

projects—

ø(1) shall be used primarily for the development of intelligent transportation system infrastructure; and

ø(2) to the maximum extent practicable, shall not be used

for the construction of physical highway and transit infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation

system project.

ø(c) LIFE CYCLE COST ANALYSIS AND FINANCING AND OPER- ATIONS PLAN.—The Secretary shall require an applicant for funds

made available under sections 5208 and 5209 to submit to the

Secretary—

ø(1) an analysis of the life-cycle costs of operation and

maintenance of intelligent transportation system elements, if

the total initial capital costs of the elements exceed $3,000,000;

and

ø(2) a multiyear financing and operations plan that describes how the project will be cost-effectively operated and

maintained.

ø(d) USE OF INNOVATIVE FINANCING.— ø(1) IN GENERAL.—The Secretary may use up to 25 percent

of the funds made available to carry out this subtitle to make

available loans, lines of credit, and loan guarantees for projects

that are eligible for assistance under this subtitle and that

have significant intelligent transportation system elements.

ø(2) CONSISTENCY WITH OTHER LAW.—Credit assistance described in paragraph (1) shall be made available in a manner

consistent with the Transportation Infrastructure Finance and

Innovation Act of 1998.

øSEC. 5211. DEFINITIONS.

øIn this subtitle, the following definitions apply:

ø(1) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS.—The term ‘‘Commercial Vehicle Information Systems

and Networks’’ means the information systems and communications networks that support commercial vehicle operations.

ø(2) COMMERCIAL VEHICLE OPERATIONS.—The term ‘‘commercial vehicle operations’’—

ø(A) means motor carrier operations and motor vehicle

regulatory activities associated with the commercial movement of goods, including hazardous materials, and passengers; and

ø(B) with respect to the public sector, includes the

issuance of operating credentials, the administration of
408

motor vehicle and fuel taxes, and roadside safety and border crossing inspection and regulatory compliance operations.

ø(3) CORRIDOR.—The term ‘‘corridor’’ means any major

transportation route that includes parallel limited access highways, major arterials, or transit lines.

ø(4) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—The

term ‘‘intelligent transportation infrastructure’’ means fully integrated public sector intelligent transportation system components, as defined by the Secretary.

ø(5) INTELLIGENT TRANSPORTATION SYSTEM.—The term ‘‘intelligent transportation system’’ means electronics, communications, or information processing used singly or in combination

to improve the efficiency or safety of a surface transportation

system.

ø(6) NATIONAL ARCHITECTURE.—The term ‘‘national architecture’’ means the common framework for interoperability

adopted by the Secretary that defines—

ø(A) the functions associated with intelligent transportation system user services;

ø(B) the physical entities or subsystems within which

the functions reside;

ø(C) the data interfaces and information flows between

physical subsystems; and

ø(D) the communications requirements associated with

the information flows.

ø(7) STANDARD.—The term ‘‘standard’’ means a document

that—

ø(A) contains technical specifications or other precise

criteria for intelligent transportation systems that are to

be used consistently as rules, guidelines, or definitions of

characteristics so as to ensure that materials, products,

processes, and services are fit for their purposes; and

ø(B) may support the national architecture and

promote—

ø(i) the widespread use and adoption of intelligent

transportation system technology as a component of

the surface transportation systems of the United

States; and

ø(ii) interoperability among intelligent transportation system technologies implemented throughout

the States.

ø(8) STATE.—The term ‘‘State’’ has the meaning given the

term under section 101 of title 23, United States Code.

øSEC. 5212. PROJECT FUNDING.

ø(a) USE OF HAZARDOUS MATERIALS MONITORING SYSTEMS.—

ø(1) IN GENERAL.—The Secretary shall conduct research on

improved methods of deploying and integrating existing ITS

projects to include hazardous materials monitoring systems

across various modes of transportation.

ø(2) FUNDING.—Of the amounts made available for each of

fiscal years 1998 through 2003 by section 5001(a)(6) of this Act,

$1,500,000 per fiscal year shall be available to carry out this

paragraph.
409

ø(b) OUTREACH AND TECHNOLOGY TRANSFER ACTIVITIES.—

ø(1) IN GENERAL.—The Secretary shall continue to support

the Urban Consortium’s ITS outreach and technology transfer

activities.

ø(2) FUNDING.—Of the amounts made available for each of

fiscal years 1998 through 2003 by section 5001(a)(5) of this Act,

$500,000 per fiscal year shall be available to carry out this

paragraph.

ø(c) TRANSLINK.—

ø(1) IN GENERAL.—The Secretary shall make grants to the

Texas Transportation Institute to continue the Translink Research program.

ø(2) FUNDING.—Of the amounts allocated for each of fiscal

years 1999 through 2001 by section 5001(a)(6) of this Act,

$1,300,000 per fiscal year shall be available to carry out this

paragraph.

* * * * * * *

SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM.

(a) * * *

* * * * * * *

ø(e) The Administrator shall conduct a field study of the ability

of the PM2.5 Federal Reference Method to differentiate those particles that are larger than 2.5 micrograms in diameter. This study

shall be completed and provided to the Committee on Commerce of

the House of Representatives and the Committee on Environment

and Public Works of the United States Senate no later than 2 years

from the date of enactment of this Act.¿

(e) FIELD STUDY.—Not later than 2 years after the date of enactment of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005, the Administrator shall—

(1) conduct a field study of the ability of the PM2.5 Federal

Reference Method to differentiate those particles that are larger

than 2.5 micrometers in diameter;

(2) develop a Federal reference method to measure directly

particles that are larger than 2.5 micrometers in diameter without reliance on subtracting from coarse particle measurements

those particles that are equal to or smaller than 2.5 micrometers in diameter;

(3) develop a method of measuring the composition of

coarse particles; and

(4) submit a report on the study and responsibilities of the

Administrator under paragraphs (1) through (3) to—

(A) the Committee on Commerce of the House of Representatives; and

(B) the Committee on Environment and Public Works

of the Senate.

* * * * * * *
410

THE CLEAN AIR ACT

TITLE I-AIR POLLUTION PREVENTION AND CONTROL

* * * * * * *

SEC. 101. * * *

* * * * * * *

Sec. 176. LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE

SEC. 176. [Subsections (a) and (b), repealed by Public Law

101–549, sec. 110(4), 104 Stat. 2470.]

(c)(1) * * *

* * * * * * *

ø(2) Any transportation plan¿

(2) TRANSPORTATION PLANS AND PROGRAMS.—Any transportation plan or program developed pursuant to title 23, United

States Code, or the Urban Mass Transportation Act shall implement the transportation provisions of any applicable implementation plan approved under this Act applicable to all or

part of the area covered by such transportation plan or program. No Federal agency may approve, accept or fund any

transportation plan, program or project unless such plan, program or project has been found to conform to any applicable

implementation plan in effect under this Act. In particular—

(A) * * *

* * * * * * *

(C) * * *

(i) * * *

* * * * * * *

(iii) the design concept and scope of such project

at the time of the conformity determination for the

program was adequate to determine emissionsø.¿ ;

(D) øAny project¿ any transportation project not referred to in subparagraph (C) shall be treated as conforming to the applicable implementation plan only if it is

demonstrated that the projected emissions from such

project, when considered together with emissions projected

for the conforming transportation plans and programs

within the nonattainment area, do not cause such plans

and programs to exceed the emission reduction projections

and schedules assigned to such plans and programs in the

applicable implementation planø.¿ ; and

(E) the appropriate metropolitan planning organization

shall redetermine conformity of existing transportation

plans and programs not later than 2 years after the date

on which the Administrator—

(i) finds a motor vehicle emissions budget to be

adequate in accordance with section 93.118(e)(4) of title

40, Code of Federal Regulations (as in effect on October

1, 2003);

(ii) approves an implementation plan that establishes a motor vehicle emissions budget, if that budget
411

has not yet been used in a conformity determination

prior to approval; or

(iii) promulgates an implementation plan that establishes or revises a motor vehicle emissions budget.

ø(3) Until such time as the implementation plan revision

referred to in paragraph (4)(C) is approved, conformity of such

plans, programs, and projects will be demonstrated if—

ø(A) the transportation plans and programs—

ø(i) are consistent with the most recent estimates

of mobile source emissions;

ø(ii) provide for the expeditious implementation of

transportation control measures in the applicable implementation plan; and

ø(iii) with respect to ozone and carbon monoxide

nonattainment areas, contribute to annual emissions

reductions consistent with sections 182(b)(1) and

187(a)(7); and

ø(B) the transportation projects—

ø(i) come from a conforming transportation plan

and program as defined in subparagraph (A) or for 12

months after the date of the enactment of the Clean

Air Act Amendments of 1990, from a transportation

program found to conform within 3 years prior to such

date of enactment; and

ø(ii) in carbon monoxide nonattainment areas,

eliminate or reduce the severity and number of violations of the carbon monoxide standards in the area

substantially affected by the project.

øWith regard to subparagraph (B)(ii), such determination

may be made as part of either the conformity determination for the transportation program or for the individual

project taken as a whole during the environmental review

phase of project development.¿

(3) METHODS OF CONFORMITY DETERMINATION BEFORE

BUDGET IS AVAILABLE.— (A) IN GENERAL.—Until such time as a motor vehicle

emission budget from an implementation plan submitted

for a national ambient air quality standard is determined

to be adequate in accordance with section 93.118(e)(4) of

title 40, Code of Federal Regulations (as in effect on October 1, 2003), or the submitted implementation plan is approved, conformity of such a plan, program, or project shall

be demonstrated, in accordance with clauses (i) and (ii)

and as selected through the consultation process required

under paragraph (4)(D)(i), with—

(i) a motor vehicle emission budget that has been

found adequate in accordance with section 93.118(e)(4)

of title 40, Code of Federal Regulations (as in effect on

October 1, 2003), or that has been approved, from an

implementation plan for the most recent prior applicable national ambient air quality standard addressing

the same pollutant; or

(ii) other such tests as the Administrator shall determine to ensure that—
412

(I) the transportation plan or program—

(aa) is consistent with the most recent estimates of mobile source emissions;

(bb) provides for the expeditious implementation of transportation control measures

in the applicable implementation plan; and

(cc) with respect to an ozone or carbon

monoxide nonattainment area, contributes to

annual emissions reductions consistent with

sections 182(b)(1) and 187(a)(7); and

(II) the transportation project—

(aa) comes from a conforming transportation plan and program described in this

subparagraph; and

(bb) in a carbon monoxide nonattainment

area, eliminates or reduces the severity and

number of violations of the carbon monoxide

standards in the area substantially affected by

the project.

(B) DETERMINATION FOR A TRANSPORTATION PROJECT

IN A CARBON MONOXIDE NONATTAINMENT AREA.—A determination under subparagraph (A)(ii)(II)(bb) may be made

as part of either the conformity determination for the transportation program or for the individual transportation

project taken as a whole during the environmental review

phase of transportation project development.

ø(4)(A) No later than one year after the date of enactment

of the Clean Air Act Amendments of 1990, the Administrator

shall promulgate¿

(4) CRITERIA AND PROCEDURES FOR DETERMINING CONFORMITY.—

(A) IN GENERAL.—The Administrator shall promulgate,

and periodically update, criteria and procedures for determining conformity (except in the case of transportation

plans, programs, and projects) of, and for keeping the Administrator informed about, the activities referred to in

paragraph (1). øNo later than one year after such date of

enactment, the Administrator, with the concurrence of the

Secretary of Transportation, shall promulgate¿

(B) TRANSPORTATION PLANS, PROGRAMS, AND

PROJECTS.—The Administrator, with the concurrence of the

Secretary of Transportation, shall promulgate, and periodically update, criteria and procedures for demonstrating

and assuring conformity in the case of transportation

plans, programs, and projects. øA suit¿

(C) CIVIL ACTION TO COMPEL PROMULGATION.—A civil

action may be brought against the Administrator and the

Secretary of Transportation under section 304 to compel

promulgation of such criteria and procedures and the Federal district court shall have jurisdiction to order such promulgation.

ø(B)¿ (D) The procedures and criteria shall, at a

minimum—
413

(i) address the consultation procedures to be undertaken by metropolitan planning organizations and

the Secretary of Transportation with State and local

air quality agencies and State departments of transportation before such organizations and the Secretary

make conformity determinations;

(ii) address the appropriate frequency for making

conformity determinations, øbut in no case shall such

determinations for transportation plans and programs

be less frequent than every three years; and¿ but the

frequency for making conformity determinations on updated transportation plans and programs shall be

every 4 years, except in a case in which—

(I) the metropolitan planning organization

elects to update a transportation plan or program

more frequently; or

(II) the metropolitan planning organization is

required to determine conformity in accordance

with paragraph (2)(E); ƒand≈

(iii) address how conformity determinations will

be made with respect to maintenance plansø.¿ ; and

(iv) address the effects of the most recent population, economic, employment, travel, transit ridership,

congestion, and induced travel demand information in

the development and application of the latest travel

and emissions models.

ø(C)¿ ø(E) Such procedures shall also include a requirement that each State shall submit to the Administrator and the Secretary of Transportation within 24

months of such date of enactment, a revision to its implementation plan that includes criteria and procedures for

assessing the conformity of any plan, program, or project

subject to the conformity requirements of this subsection.¿

(E) INCLUSION OF CRITERIA AND PROCEDURES IN SIP.—

Not later than 2 years after the date of enactment of the

Safe, Accountable, Flexible, and Efficient Transportation

Equity Act of 2005, the procedures under subparagraph (A)

shall include a requirement that each State include in the

State implementation plan criteria and procedures for consultation in accordance with the Administrator’s criteria

and procedures for consultation required by subparagraph

(D)(i).

ø(D)¿ (F) Compliance with the rules of the Administrator for determining the conformity of transportation

plans, programs, and projects funded or approved under

title 23 of the United States Code or the Federal Transit

Act to State or Federal implementation plans shall not be

required for traffic signal synchronization projects prior to

the funding, approval or implementation of such projects.

The supporting regional emissions analysis for any conformity determination made with respect to a transportation plan, program, or project shall consider the effect on
414

emissions of any such project funded, approved, or implemented prior to the conformity determination.

* * * * * * *

(7) CONFORMITY HORIZON FOR TRANSPORTATION PLANS.— (A) IN GENERAL.—For the purposes of this section, a

transportation plan in a nonattainment or maintenance

area shall be considered to be a transportation plan or a

portion of a transportation plan that extends for the longest

of the following periods:

(i) The first 10-year period of any such transportation plan.

(ii) The latest year in the implementation plan applicable to the area that contains a motor vehicle emission budget.

(iii) The year after the completion date of a regionally significant project, if the project requires approval

before the subsequent conformity determination.

(B) EXCEPTION.—In a case in which an area has a revision to an implementation plan under section 175A(b) and

the Administrator has found the motor vehicle emissions

budgets from that revision to be adequate in accordance

with section 93.118(e)(4) of title 40, Code of Federal Regulations (as in effect on October 1, 2003), or has approved the

revision, the transportation plan shall be considered to be

a transportation plan or portion of a transportation plan

that extends through the last year of the implementation

plan required under section 175A(b).

(8) SUBSTITUTION FOR TRANSPORTATION CONTROL MEAS- URES.— (A) IN GENERAL.—Transportation control measures

that are specified in an implementation plan may be replaced or added to the implementation plan with alternate

or additional transportation control measures if—

(i) the substitute measures achieve equivalent or

greater emissions reductions than the control measure

to be replaced, as demonstrated with an analysis that

is consistent with the current methodology used for

evaluating the replaced control measure in the implementation plan;

(ii) the substitute control measures are

implemented—

(I) in accordance with a schedule that is consistent with the schedule provided for control

measures in the implementation plan; or

(II) if the implementation plan date for implementation of the control measure to be replaced

has passed, as soon as practicable after the implementation plan date but not later than the date on

which emission reductions are necessary to achieve

the purpose of the implementation plan;

(iii) the substitute and additional control measures

are accompanied with evidence of adequate personnel,

funding, and authority under State or local law to implement, monitor, and enforce the control measures;
415

(iv) the substitute and additional control measures

were developed through a collaborative process that

included—

(I) participation by representatives of all affected jurisdictions (including local air pollution

control agencies, the State air pollution control

agency, and State and local transportation agencies);

(II) consultation with the Administrator; and

(III) reasonable public notice and opportunity

for comment; and

(v) the metropolitan planning organization, State

air pollution control agency, and the Administrator

concur with the equivalency of the substitute or additional control measures.

(B) ADOPTION.—After carrying out subparagraph (A), a

State shall adopt the substitute or additional transportation control measure in the applicable implementation

plan.

(C) NO REQUIREMENT FOR EXPRESS PERMISSION.—The

substitution or addition of a transportation control measure

in accordance with this paragraph shall not be contingent

on there being any provision in the implementation plan

that expressly permits such a substitution or addition.

(D) NO REQUIREMENT FOR NEW CONFORMITY DETER- MINATION.—The substitution or addition of a transportation control measure in accordance with this paragraph

shall not require—

(i) a new conformity determination for the transportation plan; or

(ii) a revision of the implementation plan.

(E) CONTINUATION OF CONTROL MEASURE BEING RE- PLACED.—A control measure that is being replaced by a

substitute control measure under this paragraph shall remain in effect until the substitute control measure is adopted by the State pursuant to subparagraph (B).

(F) EFFECT OF ADOPTION.—Adoption of a substitute

control measure shall constitute rescission of the previously

applicable control measure.

ƒ(8)≈ (9) DEFINITIONS.—In this subsection:

(A) REGIONALLY SIGNIFICANT PROJECT.—

(i) IN GENERAL.—The term ‘regionally significant

project’ means a transportation project that is on a facility that serves a regional transportation need,

including—

(I) access to and from the area outside of the

region;

(II) access to and from major planned developments, including new retail malls, sports complexes, or transportation terminals; and

(III) most transportation terminals.

(ii) PRINCIPAL ARTERIALS AND FIXED GUIDEWAYS.—

The term ‘regionally significant project’ includes, at a

minimum—
416

(I) all principal arterial highways; and

(II) all fixed guideway transit facilities that

offer an alternative to regional highway travel.

(iii) ADDITIONAL PROJECTS.—The interagency consultation process and procedures described in section

93.105(c) of title 40, Code of Federal Regulations (as in

effect on October 1, 2003), shall be used to make determinations as to whether minor arterial highways and

other transportation projects should be considered ‘regionally significant projects’.

(iv) EXCLUSIONS.—The term ‘regionally significant

project’ does not include any project of a type listed in

sections 93.126 or 127 of title 40, Code of Federal Regulations (as in effect on October 1, 2003).

(B) SIGNIFICANT REVISION.—The term ‘significant revision’ means—

(i) with respect to a regionally significant project,

a significant change in design concept or scope to the

project; and

(ii) with respect to any other kind of project, a

change that converts a project that is not a regionally

significant project into a regionally significant project.

(C) TRANSPORTATION PROJECT.—The term ‘transportation project’ includes only a project that is—

(i) a regionally significant project; or

(ii) a project that makes a significant revision to

an existing project.

* * * * * * *

øSEC. 319. AIR QUALITY MONITORING

øNot later than one year after the date of enactment of the

Clean Air Act Amendments of 1977 and after notice and opportunity for public hearing¿

SEC. 319. AIR QUALITY MONITORING.

(a) IN GENERAL.—After notice and opportunity for public hearing, the Administrator shall promulgate regulations establishing an

air quality monitoring system throughout the United States

which—

* * * * * * *

(b) AIR QUALITY MONITORING DATA INFLUENCED BY EXCEPTIONAL EVENTS.—

(1) DEFINITION OF EXCEPTIONAL EVENT.—In this section:

(A) IN GENERAL.—The term ‘exceptional event’ means

an event that—

(i) affects air quality;

(ii) is not reasonably controllable or preventable;

(iii) is—

(I) a natural event; or

(II) an event caused by human activity that is

unlikely to recur at a particular location; and

(iv) is determined by the Administrator through

the process established in the regulations promulgated

under paragraph (2) to be an exceptional event.
417

(B) EXCLUSIONS.—The term ‘exceptional event’ does not

include—

(i) stagnation of air masses or meteorological inversions;

(ii) a meteorological event involving high temperatures or lack of precipitation; or

(iii) air pollution relating to source noncompliance.

(2) REGULATIONS.— (A) PROPOSED REGULATIONS.—Not later than March 1,

2005, after consultation with Federal land managers and

State air pollution control agencies, the Administrator shall

publish in the Federal Register proposed regulations governing the review and handling of air quality monitoring

data influenced by exceptional events.

(B) FINAL REGULATIONS.—Not later than 1 year after

the date on which the Administrator publishes proposed

regulations under subparagraph (A), and after providing

an opportunity for interested persons to make oral presentations of views, data, and arguments regarding the proposed regulations, the Administrator shall promulgate final

regulations governing the review and handling or air quality monitoring data influenced by an exceptional event that

are consistent with paragraph (3).

(3) PRINCIPLES AND REQUIREMENTS.— (A) PRINCIPLES.—In promulgating regulations under

this section, the Administrator shall follow—

(i) the principle that protection of public health is

the highest priority;

(ii) the principle that timely information should be

provided to the public in any case in which the air

quality is unhealthy;

(iii) the principle that all ambient air quality data

should be included in a timely manner, an appropriate

Federal air quality database that is accessible to the

public;

(iv) the principle that each State must take necessary measures to safeguard public health regardless

of the source of the air pollution; and

(v) the principle that air quality data should be

carefully screened to ensure that events not likely to

recur are represented accurately in all monitoring data

and analyses.

(B) REQUIREMENTS.—Regulations promulgated under

this section shall, at a minimum, provide that—

(i) the occurrence of an exceptional event must be

demonstrated by reliable, accurate data that is promptly produced and provided by Federal, State, or local

government agencies;

(ii) a clear causal relationship must exist between

the measured exceedances of a national ambient air

quality standard and the exceptional event to demonstrate that the exceptional event caused a specific air

pollution concentration at a particular air quality monitoring location;
418

(iii) there is a public process for determining

whether an event is exceptional; and

(iv) there are criteria and procedures for the Governor of a State to petition the Administrator to exclude

air quality monitoring data that is directly due to exceptional events from use in determinations by the Environmental Protection Agency with respect to

exceedances or violations of the national ambient air

quality standards.

(4) INTERIM PROVISION.—Until the effective date of a regulation promulgated under paragraph (2), the following guidance issued by the Administrator shall continue to apply:

(A) Guidance on the identification and use of air quality data affected by exceptional events (July 1986).

(B) Areas affected by PM–10 natural events, May 30,

1996.

(C) Appendices I, K, and N to part 50 of title 40, Code

of Federal Regulations.

* * * * * * *

SOLID WASTE DISPOSAL ACT

Subtitle F—Federal Responsibilities

Sec. 6001. Application of Federal, State, and local law to Federal facilities.

Sec. 6002. Federal procurement.

Sec. 6003. Cooperation with Environmental Protection Agency.

Sec. 6004. Applicability of solid waste disposal guidelines to executive agencies.

Sec. 6005. Increased use of recovered mineral component in federally funded projects

involving procurement of cement or concrete.

Sec. 6006. Use of granular mine tailings.

* * * * * * *

Subtitle F—Federal Responsibilities

APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FEDERAL

FACILITIES

SEC. 6001. (a) * * *

* * * * * * *

SEC. 6005. INCREASED USE OF RECOVERED MINERAL COMPONENT IN

FEDERALLY FUNDED PROJECTS INVOLVING PROCUREMENT

OF CEMENT OR CONCRETE.

(a) DEFINITIONS.—In this section:

(1) AGENCY HEAD.—The term ‘agency head’ means—

(A) the Secretary of Transportation; and

(B) the head of each other Federal agency that on a

regular basis procures, or provides Federal funds to pay or

assist in paying the cost of procuring, material for cement

or concrete projects.

(2) CEMENT OR CONCRETE PROJECT.—The term ‘cement or

concrete project’ means a project for the construction or maintenance of a highway or other transportation facility or a Federal, State, or local government building or other public facility

that—
419

(A) involves the procurement of cement or concrete; and

(B) is carried out in whole or in part using Federal

funds.

(3) RECOVERED MINERAL COMPONENT.—The term ‘recovered

mineral component’ means—

(A) ground granulated blast furnace slag;

(B) coal combustion fly ash; and

(C) any other waste material or byproduct recovered or

diverted from solid waste that the Administrator, in consultation with an agency head, determines should be treated as recovered mineral component under this section for

use in cement or concrete projects paid for, in whole or in

part, by the agency head.

(b) IMPLEMENTATION OF REQUIREMENTS.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator and each agency

head shall take such actions as are necessary to implement fully

all procurement requirements and incentives in effect as of the

date of enactment of this section (including guidelines under

section 6002) that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete

projects.

(2) PRIORITY.—In carrying out paragraph (1) an agency

head shall give priority to achieving greater use of recovered

mineral component in cement or concrete projects for which recovered mineral components historically have not been used or

have been used only minimally.

(3) CONFORMANCE.—The Administrator and each agency

head shall carry out this subsection in accordance with section

6002.

(c) FULL IMPLEMENTATION STUDY.—

(1) IN GENERAL.—The Administrator, in cooperation with

the Secretary of Transportation and the Secretary of Energy,

shall conduct a study to determine the extent to which current

procurement requirements, when fully implemented in accordance with subsection (b), may realize energy savings and environmental benefits attainable with substitution of recovered

mineral component in cement used in cement or concrete

projects.

(2) MATTERS TO BE ADDRESSED.—The study shall—

(A) quantify the extent to which recovered mineral components are being substituted for Portland cement, particularly as a result of current procurement requirements, and

the energy savings and environmental benefits associated

with that substitution;

(B) identify all barriers in procurement requirements to

greater realization of energy savings and environmental

benefits, including barriers resulting from exceptions from

current law; and

(C)(i) identify potential mechanisms to achieve greater

substitution of recovered mineral component in types of cement or concrete projects for which recovered mineral components historically have not been used or have been used

only minimally;
420

(ii) evaluate the feasibility of establishing guidelines or

standards for optimized substitution rates of recovered mineral component in those cement or concrete projects; and

(iii) identify any potential environmental or economic

effects that may result from greater substitution of recovered mineral component in those cement or concrete

projects.

(3) REPORT.—Not later than 30 months after the date of enactment of this section, the Administrator shall submit to Congress a report on the study.

(d) ADDITIONAL PROCUREMENT REQUIREMENTS.—Unless the

study conducted under subsection (c) identifies any effects or other

problems described in subsection (c)(2)(C)(iii) that warrant further

review or delay, the Administrator and each agency head shall, not

later than 1 year after the release of the report in accordance with

subsection (c)(3), take additional actions authorized under this Act

to establish procurement requirements and incentives that provide

for the use of cement and concrete with increased substitution of recovered mineral component in the construction and maintenance of

cement or concrete projects, so as to—

(1) realize more fully the energy savings and environmental

benefits associated with increased substitution; and

(2) eliminate barriers identified under subsection (c).

(e) EFFECT OF SECTION.—Nothing in this section affects the requirements of section 6002 (including the guidelines and specifications for implementing those requirements).

SEC. 6006. USE OF GRANULAR MINE TAILINGS.

(a) MINE TAILINGS.— (1) IN GENERAL.—Not later than 180 days after the date of

enactment of this section, the Administrator, in consultation

with the Secretary of Transportation and heads of other Federal

agencies, shall establish criteria (including an evaluation of

whether to establish a numerical standard for concentration of

lead and other hazardous substances) for the safe and environmentally protective use of granular mine tailings from the Tar

Creek, Oklahoma Mining District, known as ‘chat’, for—

(A) cement or concrete projects; and

(B) transportation construction projects (including

transportation construction projects involving the use of asphalt) that are carried out, in whole or in part, using Federal funds.

(2) REQUIREMENTS.—In establishing criteria under paragraph (1), the Administrator shall consider—

(A) the current and previous uses of granular mine

tailings as an aggregate for asphalt; and

(B) any environmental and public health risks and

benefits derived from the removal, transportation, and use

in transportation projects of granular mine tailings.

(3) PUBLIC PARTICIPATION.—In establishing the criteria

under paragraph (1), the Administrator shall solicit and consider comments from the public.

(4) APPLICABILITY OF CRITERIA.—On the establishment of

the criteria under paragraph (1), any use of the granular mine

tailings described in paragraph (1) in a transportation project
421

that is carried out, in whole or in part, using Federal funds,

shall meet the criteria established under paragraph (1).

(b) EFFECT OF SECTIONS.—Nothing in this section or section

6005 affects any requirement of any law (including a regulation) in

effect on the date of enactment of this section.

* * * * * * *

CONSOLIDATED APPROPRIATIONS ACT, 2004

[PUBLIC LAW 108-199]

AN ACT making appropriations for Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies for the fiscal year ending September 30,

2004, and for other purposes.

* * * * * * *

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Consolidated Appropriations Act,

2004’’.

* * * * * * *

DIVISION H--MISCELLANEOUS APPROPRIATIONS AND

OFFSETS

SEC. 3. REFERENCES.

That the following sums are appropriated, out of any money in

the Treasury not otherwise appropriated, for the fiscal year ending

September 30, 2004, and for other purposes, namely: -

Sec. 101.

* * * * * * *

øSec. 105. (a) None of the funds made available under this Act

may be obligated or expended to implement any measures to reduce overfishing and promote rebuilding of fish stocks managed

under the Management Plan other than such measures set out in

the final rule.

ø(b) In this section:

ø(1) The term ‘‘final rule’’ means the final rule of the National Oceanic and Atmospheric Administration relating to the

Magnuson-Stevens Fishery Conservation and Management Act

Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery that was published on June 27,

2003 (68 Fed. Reg. 38234).

ø(2) The term ‘‘Management Plan’’ means the Northeast

Multispecies Fishery Management Plan prepared pursuant to

section 303 of the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1853).¿

* * * * * * *
422

DINGELL-JOHNSON SPORT FISH RESTORATION ACT

AN ACT To provide that the United States shall aid the States in fish restoration

and management projects, and for other purposes.

* * * * * * *

SEC. 3. To carry out the provisions of this Act for fiscal years

after September 30, 1984, there are authorized to be appropriated

from the øSport Fish Restoration Account¿ Sport Fish Restoration

Trust Fund established by section 9504(a) of the Internal Revenue

Code of 1986 the amounts paid, transferred, or otherwise credited

to øthat Account¿ that Trust Fund, except as provided in section

9504(c) of the Internal Revenue Code of 1986. For purposes of the

provision of the Act of August 31, 1951, which refers to this section,

such amounts shall be treated as the amounts that are equal to the

revenues described in this section. The appropriation made under

the provisions of this section for each fiscal year shall continue

available during øthe succeeding fiscal year.¿ succeeding fiscal

years. So much of such appropriation apportioned to any State for

any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that State until

the close of the succeeding fiscal year. Any amount apportioned to

any State under the provisions of this Act which is unexpended or

unobligated at the end of the period during which it is available

for expenditure on any project is authorized to be made available

for expenditure by the Secretary of the Interior øin carrying on the

research program of the Fish and Wildlife Service in respect to fish

of material value for sport and recreation.¿ to supplement the 57

percent of the balance of each annual appropriation to be apportioned among the States, as provided for in section 4(c).

SEC. 4. ø(a) The Secretary of the Interior shall distribute 18

per centum of each annual appropriation made in accordance with

the provisions of section 3 of this Act as provided in the Coastal

Wetlands Planning, Protection, and Restoration Act (title III, Public Law 101–646). Notwithstanding the provisions of section 3 of

this Act, such sums shall remain available to carry out such Act

through fiscal year 2009.

ø(b) USE OF BALANCE AFTER DISTRIBUTION.— ø(1) FISCAL YEAR 1998.—In fiscal year 1998, an amount equal to $20,000,000 of the balance remaining after the distribution under subsection (a) shall be transferred to the Secretary of Transportation and shall be expended for State recreational boating safety programs under section 13106(a)(1) of

title 46, United States Code.

ø(2) FISCAL YEAR 1999.—For fiscal year 1999, of the balance

of each annual appropriation remaining after making the distribution under subsection (a), an amount equal to

$74,000,000, reduced by 82 percent of the amount appropriated

for that fiscal year from the Boat Safety Account of the Aquatic

Resources Trust Fund established by section 9504 of the Internal Revenue Code of 1986 to carry out the purposes of section

13106(a) of title 46, United States Code, shall be used as follows:

ø(A) $10,000,000 shall be available to the Secretary of

the Interior for 3 fiscal years for obligation for qualified
423

projects under section 5604(c) of the Clean Vessel Act of

1992 (33 U.S.C. 1322 note).

ø(B) The balance remaining after the application of

subparagraph (A) shall be transferred to the Secretary of

Transportation and shall be expended for State recreational boating safety programs under section 13106 of

title 46, United States Code.

ø(3) FISCAL YEARS 2000–2003.—For each of fiscal years 2000

through 2003, of the balance of each annual appropriation remaining after making the distribution under subsection (a), an

amount equal to $82,000,000, reduced by 82 percent of the

amount appropriated for that fiscal year from the Boat Safety

Account of the Aquatic Resources Trust Fund established by

section 9504 of the Internal Revenue Code of 1986 to carry out

the purposes of section 13106(a) of title 46, United States

Code, shall be used as follows:

ø(A) $10,000,000 shall be available for each fiscal year

to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 5604(c) of the

Clean Vessel Act of 1992 (33 U.S.C. 1322 note).

ø(B) $8,000,000 shall be available for each fiscal year

to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 7404(d) of the

Sportfishing and Boating Safety Act of 1998.

ø(C) The balance remaining after the application of

subparagraphs (A) and (B) shall be transferred for each

such fiscal year to the Secretary of Transportation and

shall be expended for State recreational boating safety programs under section 13106 of title 46, United States Code.

ø(4) TRANSFER OF CERTAIN FUNDS.—Amounts available

under subparagraph (A) of paragraph (2) and subparagraphs

(A) and (B) of paragraph (3) that are unobligated by the Secretary of the Interior after 3 fiscal years shall be transferred

to the Secretary of Transportation and shall be expended for

State recreational boating safety programs under section

13106(a) of title 46, United States Code.

ø(c) NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM.— Of the balance of each such annual appropriation remaining after

making the distribution under subsections (a) and (b), respectively,

an amount equal to—

ø(1) $5,000,000 for fiscal year 1999;

ø(2) $6,000,000 for fiscal year 2000;

ø(3) $7,000,000 for fiscal year 2001;

ø(4) $8,000,000 for fiscal year 2002; and

ø(5) $10,000,000 for fiscal year 2003;

shall be used for the National Outreach and Communications Program under section 8(d). Such amounts shall remain available for

3 fiscal years, after which any portion thereof that is unobligated

by the Secretary of the Interior for that program may be expended

by the Secretary under subsection (e).¿

(a) IN GENERAL.—For fiscal years 2004 through 2009, the balance of each annual appropriation made in accordance with the

provisions of section 3 of this title remaining after the distributions

are made for administrative expenses and other purposes under sec-
424

tion 4(b) and for multistate conservation grants under section 14

shall be distributed as follows:

(1) COASTAL WETLANDS.—18.5 percent to the Secretary of

the Interior for distribution as provided in the Coastal Wetlands Planning, Protection, and Restoration Act (16 U.S.C.

3951 et seq.).

(2) BOATING SAFETY.—18.5 percent to the Secretary of

Homeland Security for State recreational boating safety programs under section 13106 of title 46, United States Code.

(3) CLEAN VESSEL ACT.—2 percent to the Secretary of the

Interior for qualified projects under section 5604(c) of the Clean

Vessel Act of 1992 (33 U.S.C. 1322 note).

(4) BOATING INFRASTRUCTURE.—2 percent to the Secretary

of the Interior for obligation for qualified projects under section

7404(d) of the Sportfishing and Boating Safety Act of 1998 (16

U.S.C. 777g–1(d)).

(5) NATIONAL OUTREACH AND COMMUNICATIONS.—2 percent

to the Secretary of the Interior for the National Outreach and

Communications Program under section 8(d) of this title. Such

amounts shall remain available for 3 fiscal years, after which

any portion thereof that is unobligated by the Secretary for that

program may be expended by the Secretary under subsection (c).

ø(d)¿ (b) SET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE

DINGELL-JOHNSON SPORT FISH RESTORATION ACT.—

(1) IN GENERAL.—

ø(A) SET-ASIDE.—For fiscal year 2001 and each fiscal

year thereafter, of the balance of each such annual appropriation remaining after the distribution and use under

subsections (a), (b), and (c) and section 14, the Secretary

of the Interior may use not more than the available

amount specified in subparagraph (B) for the fiscal year

for expenses for administration incurred in implementation of this Act, in accordance with this subsection and section 9.¿

(A) SET-ASIDE.—For fiscal year 2006 and each subsequent fiscal year, before making a distribution under subsection (a), the Secretary of the Interior may use not more

than the available amount specified in subparagraph (B)

for the fiscal year for expenses of administration incurred

in the implementation of this chapter, in accordance with

this section and section 9.

(B) AVAILABLE AMOUNTS.—The available amount referred to in subparagraph (A) is—

(i) for each of fiscal years 2001 and 2002,

$9,000,000;

(ii) for fiscal year 2003, $8,212,000; and

(iii) for fiscal year 2004 and each fiscal year thereafter, the sum of—

(I) the available amount for the preceding fiscal year; and

(II) the amount determined by multiplying—

(aa) the available amount for the preceding fiscal year; and
425

(bb) the change, relative to the preceding

fiscal year, in the Consumer Price Index for

All Urban Consumers published by the Department of Labor.

(2) PERIOD OF AVAILABILITY; APPORTIONMENT OF UNOBLIGATED AMOUNTS.—

(A) PERIOD OF AVAILABILITY.—For each fiscal year, the

available amount under paragraph (1) shall remain available for obligation for use under that paragraph until the

end of the fiscal year.

(B) APPORTIONMENT OF UNOBLIGATED AMOUNTS.—Not

later than 60 days after the end of a fiscal year, the Secretary of the Interior shall apportion among the States any

of the available amount under paragraph (1) that remains

unobligated at the end of the fiscal year, on the same basis

and in the same manner as other amounts made available

under this Act are apportioned among the States under

subsection (e) for the fiscal year.

ø(e)¿ ø(c) The Secretary of the Interior, after the distribution,

transfer, use, and deduction under subsections (a), (b), (c), and (d),

respectively, and after deducting amounts used for grants under

section 14, shall apportion the remainder of each such annual appropriation among the several States in the following manner:¿

(c) APPORTIONMENT AMONG STATES.—For fiscal year 2006 and

each subsequent fiscal year, after the distribution, transfer, use, and

deduction under subsection (b), and after deducting amounts for

grants under section 14, the Secretary of the Interior shall apportion

57 percent of the balance of each annual appropriation among the

several States in the following manner: 40 øper centum¿ percent in

the ratio which the area of each State including coastal and Great

Lakes waters (as determined by the Secretary of the Interior) bears

to the total area of all the States, and 60 øper centum¿ percent in

the ratio which the number of persons holding paid licenses to fish

for sport or recreation in the State in the second fiscal year preceding the fiscal year for which such apportionment is made, as

certified to said Secretary by the State fish and game departments,

bears to the number of such persons in all the States. Such apportionments shall be adjusted equitably so that no State shall receive

less than 1 øper centum¿ percent nor more than 5 øper centum¿

percent of the total amount apportioned. Where the apportionment

to any State under this section is less than $4,500 annually, the

Secretary of the Interior may allocate not more than $4,500 of said

appropriation to said State to carry out the purposes of this Act

when said State certifies to the Secretary of the Interior that it has

set aside not less than $1,500 from its fish-and-game funds or has

made, through its legislature, an appropriation in this amount for

said purposes.

ø(f)¿ (d) So much of any sum not allocated under the provisions

of this section for any fiscal year is hereby authorized to be made

available for expenditure to carry out the purposes of this Act until

the close of the succeeding fiscal year. The term fiscal year as used

in this section shall be a period of twelve consecutive months from

October 1 through the succeeding September 30, except that the
426

period for enumeration of persons holding licenses to fish shall be

a State’s fiscal or license year.

ø(g)¿ (e) EXPENSES FOR ADMINISTRATION OF CERTAIN PRO- GRAMS.—

(1) IN GENERAL.—For each fiscal year, of the amounts appropriated under section 3, the Secretary of the Interior shall

use only funds authorized for use under øsubsections (a),

(b)(3)(A), (b)(3)(B), and (c)¿ paragraphs (1), (3), (4), and (5) of

subsection (a) to pay the expenses for administration incurred

in carrying out the provisions of law referred to in those subsections, respectively.

(f) TRANSFER OF CERTAIN FUNDS.—Amounts available under

paragraphs (3) and (4) of subsection (a) that are unobligated by the

Secretary after 3 fiscal years shall be transferred to the Secretary

of Homeland Security and shall be expended for State recreational

boating safety programs under section 13106(a) of title 46, United

States Code.

* * * * * * *

SEC. 8. (a) To maintain fish-restoration and management

projects established under the provisions of this Act shall be the

duty of the States according to their respective laws. Beginning

July 1, 1953, maintenance of projects heretofore completed under

the provisions of this Act may be considered as projects under this

Act. Title to any real or personal property acquired by any State,

and to improvements placed on State-owned lands through the use

of funds paid to the State under the provisions of this Act, shall

be vested in such State.

(b)(1) Each State shall allocate 15 percent of the funds apportioned to it for each fiscal year under section 4 of this Act for the

payment of up to 75 per centum of the costs of the acquisition, development, renovation, or improvement of facilities (and auxiliary

facilities necessary to insure the safe use of such facilities) that create, or add to, public access to the waters of the United States to

improve the suitability of such waters for recreational boating purposes. Notwithstanding this provision, States within a United

States Fish and Wildlife Service Administrative Region may allocate more or less than 15 percent in a fiscal year, provided that the

total regional allocation averages 15 percent over a 5 year period.

(2) So much of the funds that are allocated by a State under

paragraph (1) in any fiscal year that remained unexpended or unobligated at the close of such year are authorized to be made available for the purposes described in paragraph (1) during the succeeding four fiscal years, but any portion of such funds that remain

unexpended or unobligated at the close of such period are authorized to be made available for expenditure by the Secretary of the

Interior øin carrying out the research program of the Fish and

Wildlife Service in respect to fish of material value for sport or

recreation¿ to supplement the 57 percent of the balance of each annual appropriation to be apportioned among the States under section 4(c).

(c) Each State may use not to exceed 15 percent of the funds

apportioned to it under section 4 of this Act to pay up to 75 per

centum of the costs of an aquatic resource education and outreach

and communications program for the purpose of increasing public
427

understanding of the Nation’s water resources and associated

aquatic life forms. The non-Federal share of such costs may not be

derived from other Federal grant programs. The Secretary shall

issue not later than the one hundred and twentieth day after the

effective date of this subsection such regulations as he deems advisable regarding the criteria for such programs.

(d) NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM.—

(1) IMPLEMENTATION.—Within 1 year after the date of enactment of the Sportfishing and Boating Safety Act of 1998,

the Secretary of the Interior shall develop and implement, in

cooperation and consultation with the Sport Fishing and Boating Partnership Council, a national plan for outreach and communications.

(2) CONTENT.—The plan shall provide—

(A) guidance, including guidance on the development

of an administrative process and funding priorities, for

outreach and communications programs; and

(B) for the establishment of a national program.

(3) SECRETARY MAY MATCH OR FUND PROGRAMS.—Under

the plan, the Secretary may obligate amounts available under

øsubsection (c) or (d) of section 4¿ section 4(a)(5) or section 4(b)

of this Act—

(A) to make grants to any State or private entity to

pay all or any portion of the cost of carrying out any outreach and communications program under the plan; or

(B) to fund contracts with States or private entities to

carry out such a program.

(4) REVIEW.—The plan shall be reviewed periodically, but

not less frequently than once every 3 years.

(e) STATE OUTREACH AND COMMUNICATIONS PROGRAM.—Within

12 months after the completion of the national plan under subsection (d)(1), a State shall develop a plan for an outreach and communications program and submit it to the Secretary. In developing

the plan, a State shall—

(1) review the national plan developed under subsection

(d);

(2) consult with anglers, boaters, the sportfishing and

boating industries, and the general public; and

(3) establish priorities for the State outreach and communications program proposed for implementation.

(f) PUMPOUT STATIONS AND WASTE RECEPTION FACILITIES.—

Amounts apportioned to States under section 4 of this Act may be

used to pay not more than 75 percent of the costs of constructing,

renovating, operating, or maintaining pumpout stations and waste

reception facilities (as those terms are defined in the Clean Vessel

Act of 1992).

(g) SURVEYS.—

(1) NATIONAL FRAMEWORK.—Within 6 months after the

date of enactment of the Sportfishing and Boating Safety Act

of 1998, the Secretary, in consultation with the States, shall

adopt a national framework for a public boat access needs assessment which may be used by States to conduct surveys to

determine the adequacy, number, location, and quality of facili-
428

ties providing access to recreational waters for all sizes of recreational boats.

(2) STATE SURVEYS.—Within 18 months after such date of

enactment, each State that agrees to conduct a public boat access needs survey following the recommended national framework shall report its findings to the Secretary for use in the

development of a comprehensive national assessment of recreational boat access needs and facilities.

(3) EXCEPTION.—Paragraph (2) does not apply to a State if,

within 18 months after such date of enactment, the Secretary

certifies that the State has developed and is implementing a

plan that ensures there are and will be public boat access adequate to meet the needs of recreational boaters on its waters.

(4) FUNDING.—A State that conducts a public boat access

needs survey under paragraph (2) may fund the costs of conducting that assessment out of amounts allocated to it as funding dedicated to motorboat access to recreational waters under

subsection (b)(1) of this section.

* * * * * * *

SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF

AMOUNTS FOR EXPENSES FOR ADMINISTRATION.

(a) AUTHORIZED EXPENSES FOR ADMINISTRATION.—Except as

provided in subsection (b), the Secretary of the Interior may use

available amounts under øsection 4(d)(1)¿ section 4(b) only for expenses for administration that directly support the implementation

of this Act that consist of—

(1) personnel costs of employees who directly administer

this Act on a full-time basis;

(2) personnel costs of employees who directly administer

this Act on a part-time basis for at least 20 hours each week,

not to exceed the portion of those costs incurred with respect

to the work hours of the employee during which the employee

directly administers this Act, as those hours are certified by

the supervisor of the employee;

(3) support costs directly associated with personnel costs

authorized under paragraphs (1) and (2), excluding costs associated with staffing and operation of regional offices of the

United States Fish and Wildlife Service and the Department of

the Interior other than for the purposes of this Act;

(4) costs of determining under section 6(a) whether State

comprehensive plans and projects are substantial in character

and design;

(5) overhead costs, including the costs of general administrative services, that are directly attributable to administration

of this Act and are based on—

(A) actual costs, as determined by a direct cost allocation methodology approved by the Director of the Office of

Management and Budget for use by Federal agencies; and

(B) in the case of costs that are not determinable

under subparagraph (A), an amount per full-time equivalent employee authorized under paragraphs (1) and (2)

that does not exceed the amount charged or assessed for

costs per full-time equivalent employee for any other divi-
429

sion or program of the United States Fish and Wildlife

Service;

(6) costs incurred in auditing, every 5 years, the wildlife

and sport fish activities of each State fish and game department and the use of funds under section 6 by each State fish

and game department;

(7) costs of audits under subsection (d);

(8) costs of necessary training of Federal and State fulltime personnel who administer this Act to improve administration of this Act;

(9) costs of travel to States, territories, and Canada by personnel who—

(A) administer this Act on a full-time basis for purposes directly related to administration of State programs

or projects; or

(B) administer grants under section 6 or 14;

(10) costs of travel outside the United States (except travel

to Canada), by personnel who administer this Act on a fulltime basis, for purposes that directly relate to administration

of this Act and that are approved directly by the Assistant Secretary for Fish and Wildlife and Parks;

(11) relocation expenses for personnel who, after relocation, will administer this Act on a full-time basis for at least

1 year, as certified by the Director of the United States Fish

and Wildlife Service at the time at which the relocation expenses are incurred; and

(12) costs to audit, evaluate, approve, disapprove, and advise concerning grants under sections 6 and 14.

(b) REPORTING OF OTHER USES.— (1) IN GENERAL.—Subject to paragraph (2), if the Secretary

of the Interior determines that available amounts under øsection 4(d)(1)¿ section 4(b) should be used for an expense for administration other than an expense for administration described in subsection (a), the Secretary—

* * * * * * *

SEC. 12. The Secretary of the Interior is authorized to cooperate with the Secretary of Agriculture of Puerto Rico, the Mayor of

the District of Columbia, the Governor of Guam, the Governor of

American Samoa, the Governor of the Commonwealth of the Northern Mariana Islands, and the Governor of the Virgin Islands, in the

conduct of fish restoration and management projects as defined in

section 2 of this Act, upon such terms and conditions as he shall

deem fair, just, and equitable, and is authorized to apportion to

Puerto Rico, the District of Columbia, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and the Virgin

Islands, out of money available for apportionment under this Act,

such sums as he shall determine, not exceeding for Puerto Rico 1

per centum, for the District of Columbia one-third of 1 per centum,

for Guam one-third of 1 per centum, for American Samoa one-third

of 1 per centum, for the Commonwealth of the Northern Mariana

Islands one-third of 1 per centum, and for the Virgin Islands onethird of 1 per centum of the total amount apportioned in any one

year, but the Secretary shall in no event require any of said cooperating agencies to pay an amount which will exceed 25 per centum
430

of the cost of any project. Any unexpended or unobligated balance

of any apportionment made pursuant to this section shall be made

available for expenditure in Puerto Rico, the District of Columbia,

Guam, the Commonwealth of the Northern Mariana Islands, or the

Virgin Islands, as the case may be, in the succeeding year, on any

approved projects, and if unexpended or unobligated at the end of

such year is authorized to be made available for expenditure by the

Secretary of the Interior øin carrying on the research program of

the Fish and Wildlife Service in respect to fish of material value

for sport or recreation.¿ to supplement the 57 percent of the balance

of each annual appropriation to be apportioned among the States

under section 4(b) of this title.

* * * * * * *

SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.

ø(a) IN GENERAL.—

ø(1) AMOUNT FOR GRANTS.—Of the balance of each annual

appropriation made under section 3 remaining after the distribution and use under subsections (a), (b), and (c) of section

4 in a fiscal year, not more than $3,000,000 shall be available

to the Secretary of the Interior for making multistate conservation project grants in accordance with this section.¿

(a) IN GENERAL.—

(1) AMOUNT FOR GRANTS.—For fiscal year 2004 and each

subsequent fiscal year, not more than $3,000,000 of each annual appropriation made in accordance with the provisions of

section 3 of this title shall be distributed to the Secretary of the

Interior for making multistate conservation project grants in accordance with this section.

(2) PERIOD OF AVAILABILITY; APPORTIONMENT.—

(A) PERIOD OF AVAILABILITY.—Amounts made available under paragraph (1) shall remain available for making grants only for the first fiscal year for which the

amount is made available and the following fiscal year.

(B) APPORTIONMENT.—At the end of the period of

availability under subparagraph (A), the Secretary of the

Interior shall apportion any amounts that remain available among the States in the manner specified in øsection

4(e)¿ section 4(c) for use by the States in the same manner

as funds apportioned under øsection 4(e)¿ section 4(c).

* * * * * * *

(e) FUNDING FOR OTHER ACTIVITIES.—øOf the balance of each

annual appropriation made under section 3 remaining after the

distribution and use under subsections (a), (b), and (c) of section 4

for each fiscal year and after deducting amounts used for grants

under subsection (a)—¿ Of amounts made available under section

4(b) for each fiscal year—

(1) $200,000 shall be made available for each of—

(A) the Atlantic States Marine Fisheries Commission;

(B) the Gulf States Marine Fisheries Commission;

(C) the Pacific States Marine Fisheries Commission;

and

(D) the Great Lakes Fisheries Commission; and
431

(2) $400,000 shall be made available for the Sport Fishing

and Boating Partnership Council established by the United

States Fish and Wildlife Service.

* * * * * * *

SPORTFISHING AND BOATING SAFETY ACT OF 1998

(16 U.S.C. 777G-1)

* * * * * * *

7404. BOATING INFRASTRUCTURE.

(a) * * *

(d) GRANT PROGRAM.—

(1) MATCHING GRANTS.—The Secretary of the Interior shall

obligate amounts made available under øsection 4(b)(3)(B)¿

section 4(a)(4) of the Act entitled ‘‘An Act to provide that the

United States shall aid the States in fish restoration and management projects, and for other purposes,’’ approved August 9,

1950, as amended by this Act, to make grants to any State to

pay not more than 75 percent of the cost to a State of constructing, renovating, or maintaining facilities for transient

nontrailerable recreational vessels.

* * * * * * *

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