U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

99–631 

" ! HOUSE OF REPRESENTATIVES 109TH CONGRESS

1st Session 

REPORT

2005

109–12 

TRANSPORTATION EQUITY ACT: A LEGACY 

FOR USERS 

R E P O R T 

OF THE

COMMITTEE ON TRANSPORTATION AND 

INFRASTRUCTURE 

[TO ACCOMPANY H.R. 3]

MARCH 7, 2005.—Committed to the Committee of the Whole House on 

the State of the Union and ordered to be printed 


E:\Seals\Congress.#13
109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–12 

TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS 

MARCH 7, 2005.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. YOUNG of Alaska, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 3] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 3) to authorize funds for Federal-aid 

highways, highway safety programs, and transit programs, and for 

other purposes, having considered the same, reports favorably 

thereon with an amendment and recommends that the bill as 

amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE, TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Transportation Equity Act: A 

Legacy for Users’’. 

(b) SECRETARY DEFINED.—In this Act, the term ‘‘Secretary’’ means the Secretary 

of Transportation. 

(c) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title, table of contents. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorization of Programs 

Sec. 1101. Authorizations of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Apportionments. 

Sec. 1104. Minimum guarantee. 

Sec. 1105. Project approval and oversight. 

Sec. 1106. Use of excess funds. 

Sec. 1107. Temporary traffic control devices. 

Sec. 1108. Revenue aligned budget authority. 

Sec. 1109. Emergency relief. 

Sec. 1110. Surface transportation program. 

Sec. 1111. Highway use tax evasion projects. 

Sec. 1112. Appalachian development highway system. 

Sec. 1113. Construction of ferry boats and ferry terminal facilities. 

Sec. 1114. Interstate maintenance discretionary. 

Sec. 1115. Highway bridge. 

Sec. 1116. Transportation and community and system preservation program. 

Sec. 1117. Deployment of magnetic levitation transportation projects. 

Sec. 1118. Recreational trails. 

Sec. 1119. Federal lands highways. 

Sec. 1120. Conservation measures. 

2 

Sec. 1121. Pedestrian and cyclist equity. 

Sec. 1122. National commissions. 

Sec. 1123. Adjustments for the Surface Transportation Extension Act of 2004, Part V. 

Sec. 1124. Roadway safety. 

Sec. 1125. Equity requirement. 

Subtitle B—Congestion Relief 

Sec. 1201. Motor vehicle congestion relief. 

Sec. 1202. Transportation systems management and operations. 

Sec. 1203. Real-time system management information program. 

Sec. 1204. Expedited national intelligent transportation systems deployment program. 

Sec. 1205. Intelligent transportation systems deployment. 

Sec. 1206. Environmental review of activities that support deployment of intelligent transportation systems. 

Sec. 1207. State assumption of responsibilities for certain programs and projects. 

Sec. 1208. HOV facilities. 

Sec. 1209. Congestion pricing pilot program. 

Sec. 1210. Congestion mitigation and air quality improvement program eligibility. 

Sec. 1211. Special rules for State assumption of responsibilities. 

Sec. 1212. Opening of Interstate ramps. 

Subtitle C—Mobility and Efficiency 

Sec. 1301. National corridor infrastructure improvement program. 

Sec. 1302. Coordinated border infrastructure program. 

Sec. 1303. Freight intermodal connectors. 

Sec. 1304. Projects of national and regional significance. 

Sec. 1305. Dedicated truck lanes. 

Sec. 1306. Truck parking facilities. 

Subtitle D—Highway Safety 

Sec. 1401. Highway safety improvement program. 

Sec. 1402. Worker injury prevention and free flow of vehicular traffic. 

Sec. 1403. High risk rural road safety improvement program. 

Sec. 1404. Transfers of apportionments to safety programs. 

Sec. 1405. Safety incentive grants for use of seat belts. 

Sec. 1406. Safety incentives to prevent operation of motor vehicles by intoxicated persons. 

Sec. 1407. Repeat offenders for driving while intoxicated. 

Sec. 1408. Repair or replacement of highway features on National Highway System. 

Subtitle E—Construction and Contract Efficiencies 

Sec. 1501. Design–build. 

Sec. 1502. Warranty highway construction project pilot program. 

Sec. 1503. Private investment study. 

Sec. 1504. Highways for LIFE pilot program. 

Subtitle F—Finance 

Sec. 1601. Transportation Infrastructure Finance and Innovation Act. 

Sec. 1602. State infrastructure banks. 

Sec. 1603. Interstate System reconstruction and rehabilitation toll pilot program. 

Sec. 1604. Interstate System construction toll pilot program. 

Sec. 1605. Special rules relating to State infrastructure bank program. 

Subtitle G—High Priority Projects 

Sec. 1701. High priority projects program. 

Sec. 1702. Project authorizations. 

Subtitle H—Miscellaneous Provisions 

Sec. 1801. Budget justification. 

Sec. 1802. Motorist information. 

Sec. 1803. Motorist information concerning full-service restaurants. 

Sec. 1804. High priority corridors on the National Highway System. 

Sec. 1805. Additions to Appalachian region. 

Sec. 1806. Transportation assets and needs of Delta region. 

Sec. 1807. Toll facilities workplace safety study. 

Sec. 1808. Pavement marking systems demonstration projects. 

Sec. 1809. Work zone safety grants. 

Sec. 1810. Grant program to prohibit racial profiling. 

Sec. 1811. America’s Byways Resource Center. 

Sec. 1812. Technical adjustment. 

Sec. 1813. Road user charge evaluation pilot project. 

Sec. 1814. Thomas P. ‘‘Tip’’ O’Neill, Jr. Tunnel. 

Sec. 1815. Conforming amendment for transportation planning sections. 

Sec. 1816. Distribution of metropolitan planning funds within States. 

Sec. 1817. Treatment of off ramp. 

Sec. 1818. Loan forgiveness. 

Sec. 1819. Lead agency designation. 

Sec. 1820. Use of debris from demolished bridges and overpasses. 

Sec. 1821. Hubzone program. 

Sec. 1822. Technical amendments to TEA 21 projects. 

Sec. 1823. National Work Zone Safety Information Clearinghouse. 

Sec. 1824. Transportation conformity. 

Sec. 1825. Eligibility to participate in western Alaska community development quota program. 

Sec. 1826. Metropolitan regional freight and passenger transportation study. 

Sec. 1827. Intermodal transportation facility expansion. 

Sec. 1828. Advanced truck stop electrification system. 

Sec. 1829. Technology. 

Sec. 1830. Extension of public transit vehicle exemption from axle weight restrictions. 

Sec. 1831. Motorcyclist Advisory Council. 

3 

Sec. 1832. Sharing of monetary recoveries. 

Sec. 1833. Eligibility under CMAQ. 

Sec. 1834. Sense of Congress regarding Buy America. 

Sec. 1835. Community enhancement study. 

Sec. 1836. Transportation and local workforce investment. 

Sec. 1837. Special rule for fiscal year 2004. 

TITLE II—HIGHWAY SAFETY 

Sec. 2001. Authorization of appropriations. 

Sec. 2002. Occupant protection incentive grants. 

Sec. 2003. Alcohol-impaired driving countermeasures. 

Sec. 2004. State traffic safety information system improvements. 

Sec. 2005. High visibility enforcement program. 

Sec. 2006. Motorcycle crash causation study. 

Sec. 2007. Child safety and child booster seat incentive grants. 

Sec. 2008. Motorcyclist safety. 

Sec. 2009. Driver fatigue. 

Sec. 2010. Authorization of appropriations for highway safety research and development. 

Sec. 2011. Safety data. 

Sec. 2012. Driver performance study. 

TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS 

Sec. 3001. Short title; amendments to title 49, United States Code. 

Sec. 3002. Policies, findings, and purposes. 

Sec. 3003. Definitions. 

Sec. 3004. Metropolitan planning. 

Sec. 3005. Statewide planning. 

Sec. 3006. Planning programs. 

Sec. 3007. Private enterprise participation. 

Sec. 3008. Urbanized area formula grants. 

Sec. 3009. Clean fuels formula grant program. 

Sec. 3010. Capital investment grants. 

Sec. 3011. Formula grants for special needs of elderly individuals and individuals with disabilities. 

Sec. 3012. Formula grants for other than urbanized areas. 

Sec. 3013. Research, development, demonstration, and deployment projects. 

Sec. 3014. Cooperative research program. 

Sec. 3015. National research and technology programs. 

Sec. 3016. National Transit Institute. 

Sec. 3017. Job access and reverse commute formula grants. 

Sec. 3018. New Freedom program. 

Sec. 3019. Bus testing facility. 

Sec. 3020. Bicycle facilities. 

Sec. 3021. Transit in the parks pilot program. 

Sec. 3022. Human resource programs. 

Sec. 3023. General provisions on assistance. 

Sec. 3024. Special provisions for capital projects. 

Sec. 3025. Contract requirements. 

Sec. 3026. Project management oversight and review. 

Sec. 3027. Investigations of safety and hazards. 

Sec. 3028. State safety oversight. 

Sec. 3029. Controlled substances and alcohol misuse testing. 

Sec. 3030. Employee protective arrangements. 

Sec. 3031. Administrative procedures. 

Sec. 3032. National transit database. 

Sec. 3033. Apportionments based on fixed guideway factors. 

Sec. 3034. Authorizations. 

Sec. 3035. Over-the-road bus accessibility program. 

Sec. 3036. Updated terminology. 

Sec. 3037. Project authorizations for new fixed guideway capital projects. 

Sec. 3038. Projects for bus and bus-related facilities. 

Sec. 3039. National fuel cell bus technology development program. 

Sec. 3040. High-intensity small-urbanized area formula grant program. 

Sec. 3041. Allocations for national research and technology programs. 

Sec. 3042. Relationship to other laws. 

Sec. 3043. Cooperative procurement. 

Sec. 3044. Obligation ceiling. 

Sec. 3045. Adjustments for the Surface Transportation Extension Act of 2004, Part V. 

Sec. 3046. Special rule for fiscal year 2004. 

TITLE IV—MOTOR CARRIER TRANSPORTATION AND SAFETY 

Subtitle A—Commercial Motor Vehicle Safety 

Sec. 4101. Authorization of appropriations. 

Sec. 4102. Motor carrier safety grants. 

Sec. 4103. Border enforcement grants. 

Sec. 4104. Commercial driver’s license improvements. 

Sec. 4105. Hobbs Act. 

Sec. 4106. Penalty for denial of access to records. 

Sec. 4107. Medical Review Board. 

Sec. 4108. Increased penalties for out-of-service violations and false records. 

Sec. 4109. Commercial vehicle information systems and networks deployment. 

Sec. 4110. Safety fitness. 

Sec. 4111. Pattern of safety violations by motor carrier management. 

Sec. 4112. Motor carrier research and technology program. 

Sec. 4113. International cooperation. 

Sec. 4114. Performance and registration information System management. 

Sec. 4115. Data quality improvement. 

Sec. 4116. Driveaway saddlemount vehicles. 

Sec. 4117. Completion of uniform carrier registration. 

Sec. 4118. Registration of motor carriers and freight forwarders. 

4 

Sec. 4119. Deposit of certain civil penalties into Highway Trust Fund. 

Sec. 4120. Outreach and education. 

Sec. 4121. Insulin treated diabetes mellitus. 

Sec. 4122. Grant program for commercial motor vehicle operators. 

Sec. 4123. Commercial motor vehicle safety advisory committee. 

Sec. 4124. Safety data improvement program. 

Sec. 4125. Commercial driver’s license information System modernization. 

Sec. 4126. Maximum hours of service for operators of ground water well drilling rigs. 

Sec. 4127. Safety performance history screening. 

Sec. 4128. Intermodal chassis roadability rule-making. 

Sec. 4129. Substance abuse professionals. 

Sec. 4130. Interstate van operations. 

Sec. 4131. Hours of service for operators of utility service vehicles. 

Sec. 4132. Technical corrections. 

Sec. 4133. Intrastate and foreign operations of interstate motor carriers. 

Sec. 4134. Operators of vehicles transporting agricultural commodities and farm supplies. 

Sec. 4135. Hours of service rules for operators providing transportation to movie production sites. 

Sec. 4136. Special rule for fiscal year 2004. 

Subtitle B—Household Goods Transportation 

Sec. 4201. Federal-State relations relating to transportation of household goods. 

Sec. 4202. Arbitration requirements. 

Sec. 4203. Civil Penalties relating to household goods brokers and unauthorized transportation. 

Sec. 4204. Civil penalty for holding household goods hostage. 

Sec. 4205. Working group for development of practices and procedures to enhance Federal-State relations. 

Sec. 4206. Consumer handbook on DOT web site. 

Sec. 4207. Release of household goods broker information. 

Sec. 4208. Consumer complaint information. 

Sec. 4209. Insurance regulations. 

Sec. 4210. Estimating requirements. 

Sec. 4211. Application of State consumer protection laws to certain household goods carriers. 

Sec. 4212. Applicability to household goods motor carriers. 

Sec. 4213. Violations of Out-of-Service Orders. 

Sec. 4214. Criminal penalty for holding goods hostage. 

TITLE V—TRANSPORTATION RESEARCH AND EDUCATION 

Subtitle A—Funding 

Sec. 5101. Authorization of appropriations. 

Sec. 5102. Obligation ceiling. 

Sec. 5103. Findings. 

Subtitle B—Research, Technology, and Education 

Sec. 5201. Research, technology, and education. 

Sec. 5202. Long-term bridge performance program; innovative bridge research and deployment program. 

Sec. 5203. Surface transportation environment and planning cooperative research program. 

Sec. 5204. Technology deployment. 

Sec. 5205. Training and education. 

Sec. 5206. Freight planning capacity building. 

Sec. 5207. Advanced travel forecasting procedures program. 

Sec. 5208. National cooperative freight transportation research program. 

Sec. 5209. Future strategic highway research program. 

Sec. 5210. Transportation safety information management system project. 

Sec. 5211. Surface transportation congestion relief solutions research initiative. 

Sec. 5212. Motor carrier efficiency study. 

Sec. 5213. Transportation research and development strategic planning. 

Sec. 5214. Limitation on remedies for future strategic highway research program. 

Sec. 5215. Center for Transportation Advancement and Regional Development. 

Subtitle C—University Transportation Research; Scholarship Opportunities 

Sec. 5301. National university transportation centers. 

Sec. 5302. University transportation research. 

Sec. 5303. Transportation scholarship opportunities program. 

Subtitle D—Advanced Technologies 

Sec. 5401. Advanced heavy-duty vehicle technologies research program. 

Sec. 5402. Commercial remote sensing products and spatial information technologies. 

Subtitle E—Transportation Data and Analysis 

Sec. 5501. Bureau of Transportation Statistics. 

Sec. 5502. Reports of Bureau of Transportation Statistics. 

Subtitle F—Intelligent Transportation Systems Research 

Sec. 5601. Short title. 

Sec. 5602. Goals and purposes. 

Sec. 5603. General authorities and requirements. 

Sec. 5604. National architecture and Standards. 

Sec. 5605. Research and development. 

Sec. 5606. Infrastructure development. 

Sec. 5607. Road weather research and development program. 

Sec. 5608. Definitions. 

Sec. 5609. Rural interstate corridor communications study. 

Sec. 5610. Centers for surface transportation excellence. 

Sec. 5611. Repeal. 

Sec. 5612. Special rule for fiscal year 2004. 

TITLE VI—TRANSPORTATION PLANNING AND PROJECT DELIVERY 

Sec. 6001. Transportation planning. 

5 

Sec. 6002. Efficient environmental reviews for project decisionmaking. 

Sec. 6003. Policy on historic sites. 

Sec. 6004. Exemption of Interstate System. 

Sec. 6005. Interstate compacts. 

Sec. 6006. Development of transportation plan. 

Sec. 6007. Interstate agreements. 

Sec. 6008. Regulations relating to transportation planning. 

Sec. 6009. Special rules relating to project development procedures. 

TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 

Sec. 7001. Amendment of title 49, United States Code. 

Sec. 7002. Findings and purpose. 

Sec. 7003. Definitions. 

Sec. 7004. General regulatory authority. 

Sec. 7005. Chemical or biological materials. 

Sec. 7006. Representation and tampering. 

Sec. 7007. Technical amendments. 

Sec. 7008. Training of certain employees. 

Sec. 7009. Registration. 

Sec. 7010. Providing shipping papers. 

Sec. 7011. Rail tank cars. 

Sec. 7012. Unsatisfactory safety rating. 

Sec. 7013. Training curriculum for the public sector. 

Sec. 7014. Planning and training grants, monitoring, and review. 

Sec. 7015. Special permits and exclusions. 

Sec. 7016. Uniform forms and Procedures. 

Sec. 7017. International uniformity of standards and requirements. 

Sec. 7018. Administrative. 

Sec. 7019. Enforcement. 

Sec. 7020. Civil penalty. 

Sec. 7021. Criminal penalty. 

Sec. 7022. Preemption. 

Sec. 7023. Relationship to other laws. 

Sec. 7024. Judicial review. 

Sec. 7025. Authorization of appropriations. 

Sec. 7026. Determining amount of undeclared shipments of hazardous materials entering the United States. 

Sec. 7027. Conforming amendments. 

TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE 

Sec. 8001. Policy. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorization of Programs 

SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS. 

(a) IN GENERAL.—The following sums are authorized to be appropriated from the 

Highway Trust Fund (other than the Mass Transit Account): 

(1) INTERSTATE MAINTENANCE PROGRAM.—For the Interstate maintenance program under section 119 of title 23, United States Code, $4,323,076,000 for fiscal 

year 2004, $4,431,153,000 for fiscal year 2005, $4,541,932,000 for fiscal year, 

2006, $4,655,480,000 for fiscal year 2007, $4,771,867,000 for fiscal year 2008, 

and $4,891,164,000 for fiscal year 2009. 

(2) NATIONAL HIGHWAY SYSTEM.—For the National Highway System under 

section 103 of that title, $5,187,691,000 for fiscal year 2004, $5,317,383,000 for 

fiscal year 2005, $5,450,318,000 for fiscal year 2006, $5,586,576,000 for fiscal 

year 2007, $5,726,240,000 for fiscal year 2008, and $5,869,396,000 for fiscal 

year 2009. 

(3) BRIDGE PROGRAM.—For the bridge program under section 144 of that title, 

$3,709,440,000 for fiscal year 2004, $3,802,176,000 for fiscal year 2005, 

$3,897,231,000 for fiscal year 2006, $3,994,661,000 for fiscal year 2007, 

$4,094,528,000 for fiscal year 2008, and $4,196,891,000 for fiscal year 2009. 

(4) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—For the highway safety improvement program under sections 130 and 152 of that title, $630,000,000 for 

fiscal year 2005, $645,000,000 for fiscal year 2006, $660,000,000 for fiscal year 

2007, $680,000,000 for fiscal year 2008, and $695,000,000 for fiscal year 2009. 

Of such funds 1⁄3 per fiscal year shall be available to carry out section 130 and 2⁄3 shall be available to carry out section 152. 

(5) SURFACE TRANSPORTATION PROGRAM.—For the surface transportation program under section 133 of that title, $6,052,306,000 for fiscal year 2004, 

$6,203,614,000 for fiscal year 2005, $6,358,704,000 for fiscal year 2006, 

$6,517,672,000 for fiscal year 2007, $6,680,614,000 for fiscal year 2008, and 

$6,847,629,000 for fiscal year 2009. 

(6) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—For 

the congestion mitigation and air quality improvement program under section 

149 of that title, $1,469,846,000 for fiscal year 2004, $1,506,592,000 for fiscal 

6 

year 2005, $1,544,257,000 for fiscal year 2006, $1,582,863,000 for fiscal year 

2007, $1,622,435,000 for fiscal year 2008, and $1,662,996,000 for fiscal year 

2009. 

(7) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM.—For the Appalachian development highway system program under section 14501 of title 40, 

United States Code, $460,000,000 for fiscal year 2004 and $470,000,000 for each 

of fiscal years 2005 through 2009. 

(8) RECREATIONAL TRAILS PROGRAM.—For the recreational trails program 

under section 206 of title 23, United States Code, $53,000,000 for fiscal year 

2004, $70,000,000 for fiscal year 2005, $80,000,000 for fiscal year 2006, 

$90,000,000 for fiscal year 2007, $100,000,000 for fiscal year 2008, and 

$110,000,000 for fiscal year 2009. 

(9) FEDERAL LANDS HIGHWAYS PROGRAM.— 

(A) INDIAN RESERVATION ROADS.—For Indian reservation roads under section 204 of title 23, United States Code, $325,000,000 for fiscal year 2004, 

$365,000,000 for fiscal year 2005, $390,000,000 for fiscal year 2006, 

$395,000,000 for fiscal year 2007, $420,000,000 for fiscal year 2008, and 

$420,000,000 for fiscal year 2009. 

(B) PARK ROADS AND PARKWAYS.—For park roads and parkways roads 

under section 204 of that title, $170,000,000 for fiscal year 2004, 

$185,000,000 for fiscal year 2005, $200,000,000 for fiscal year 2006, 

$215,000,000 for fiscal year 2007, $225,000,000 for fiscal year 2008, and 

$225,000,000 for fiscal year 2009. 

(C) PUBLIC LANDS HIGHWAY.—For public lands highway under section 204 

of that title, $250,000,000 for fiscal year 2004, $260,000,000 for fiscal year 

2005, $280,000,000 for fiscal year 2006, $280,000,000 for fiscal year 2007, 

$290,000,000 for fiscal year 2008, and $300,000,000 for fiscal year 2009. 

(D) REFUGE ROADS.—For refuge roads under section 204 of that title, 

$20,000,000 for each of fiscal years 2004 through 2009. 

(10) NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM.—For the 

national corridor infrastructure improvement program under section 1301 of 

this title, $600,000,000 for fiscal year 2005, $600,000,000 for fiscal year 2006, 

$600,000,000 for fiscal year 2007, $600,000,000 for fiscal year 2008, and 

$600,000,000 for fiscal year 2009. 

(11) COORDINATED BORDER INFRASTRUCTURE PROGRAM.—For the coordinated 

border infrastructure program under section 1302 of this title, $200,000,000 for 

fiscal year 2005, $200,000,000 for fiscal year 2006, $200,000,000 for fiscal year 

2007, $200,000,000 for fiscal year 2008, and $225,000,000 for fiscal year 2009. 

(12) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE PROGRAM.—For the 

projects of national and regional significance program under section 1304 of this 

title, $1,100,000,000 for fiscal year 2005, $1,100,000,000 for fiscal year 2006, 

$1,200,000,000 for fiscal year 2007, $1,300,000,000 for fiscal year 2008, and 

$1,300,000,000 for fiscal year 2009. 

(13) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.—For 

construction of ferry boats and ferry terminal facilities under section 165 of title 

23, United States Code, $60,000,000 for fiscal year 2004, $70,000,000 for fiscal 

year 2005, $75,000,000 for fiscal year 2006, $75,000,000 for fiscal year 2007, 

$75,000,000 for fiscal year 2008, and $75,000,000 for fiscal year 2009. 

(14) NATIONAL SCENIC BYWAYS PROGRAM.—For the national scenic byways program under section 162 of title 23, United States Code, $30,000,000 for fiscal 

year 2004, $40,000,000 for fiscal year 2005, $45,000,000 for fiscal year 2006, 

$55,000,000 for fiscal year 2007, $55,000,000 for fiscal year 2008, and 

$60,000,000 for fiscal year 2009. 

(15) CONGESTION PRICING PILOT PROGRAM.—For the congestion pricing pilot 

program under section 1209 of this title, $15,000,000 for fiscal year 2004, 

$15,000,000 for fiscal year 2005, $15,000,000 for fiscal year 2006, $15,000,000 

for fiscal year 2007, $15,000,000 for fiscal year 2008, and $15,000,000 for fiscal 

year 2009. 

(16) DEPLOYMENT OF 511 TRAVELER INFORMATION PROGRAM.—For the 511 traveler information program under section 1204(c)(7) of this title, $6,000,000 for 

each of fiscal years 2005 through 2009. 

(17) HIGH PRIORITY PROJECTS PROGRAM.—For the high priority projects program under section 117 of title 23, United States Code, $2,496,450,000 for fiscal 

year 2005, $2,244,550,000 for fiscal year 2006, $2,143,250,000 for fiscal year 

2007, $2,192,450,000 for fiscal year 2008, and $2,050,450,000 for fiscal year 

2009. 

(18) FREIGHT INTERMODAL CONNECTOR PROGRAM.—For the freight intermodal 

connector program under section 1303 of this title, $250,000,000 for fiscal year 

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2005, $250,000,000 for fiscal year 2006, $250,000,000 for fiscal year 2007, 

$250,000,000 for fiscal year 2008, and $250,000,000 for fiscal year 2009. 

(19) HIGH RISK RURAL ROAD SAFETY IMPROVEMENT PROGRAM.—For the high 

risk rural road safety improvement program under section 1403 of this title, 

$105,000,000 for fiscal year 2005, $110,000,000 for fiscal year 2006, 

$120,000,000 for fiscal year 2007, $125,000,000 for fiscal year 2008, and 

$130,000,000 for fiscal year 2009. 

(20) HIGHWAY USE TAX EVASION PROGRAM.—For highway use tax evasion projects under section 143 of title 23, United States Code, $12,000,000 for fiscal 

year 2004, $30,000,000 for fiscal year 2005, $30,000,000 for fiscal year 2006, 

$20,000,000 for fiscal year 2007, $10,000,000 for fiscal year 2008, and 

$7,000,000 for fiscal year 2009. 

(21) PEDESTRIAN AND CYCLIST EQUITY.— (A) SAFE ROUTES TO SCHOOL PROGRAM.—For the safe routes to school pro- gram under section 1120(a) of this title, $150,000,000 for fiscal year 2005, 

$175,000,000 for fiscal year 2006, $175,000,000 for fiscal year 2007, 

$175,000,000 for fiscal year 2008, and $200,000,000 for fiscal year 2009. 

(B) NONMOTORIZED PILOT PROGRAM.—For the nonmotorized pilot program under section 1120(b) of this title, $25,000,000 for each of fiscal years 2005 

through 2009. 

(22) DEDICATED TRUCK LANES.—For dedicated truck lanes under section 1305 

of this title, $165,000,000 for each of fiscal years 2005 through 2008 and 

$170,000,000 for fiscal year 2009. 

(23) HIGHWAYS FOR LIFE PROGRAM.—For the Highways for LIFE program 

under section 1504 of this title, $55,000,000 for fiscal year 2005 and 

$60,000,000 for each of fiscal years 2006 through 2009. 

(24) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM.—For the Commonwealth of Puerto Rico highway program under section 1214(r) of the Transportation Equity Act for the 21st Century (112 Stat. 209), $115,000,000 for fiscal 

year 2004, $125,000,000 for fiscal year 2005, $130,000,000 for fiscal year 2006, 

$130,000,000 for fiscal year 2007, $140,000,000 for fiscal year 2008, and 

$140,000,000 for fiscal year 2009. 

(b) DISADVANTAGED BUSINESS ENTERPRISES.— 

(1) GENERAL RULE.—Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program 

under titles I, III, and V of this Act and section 403 of title 23, United States 

Code, shall be expended with small business concerns owned and controlled by 

socially and economically disadvantaged individuals. 

(2) DEFINITIONS.—In this subsection, the following definitions apply: 

(A) SMALL BUSINESS CONCERN.—The term ‘‘small business concern’’ has 

the meaning such term has under section 3 of the Small Business Act (15 

U.S.C. 632); except that such term shall not include any concern or group 

of concerns controlled by the same socially and economically disadvantaged 

individual or individuals which has average annual gross receipts over the 

preceding 3 fiscal years in excess of $17,420,000, as adjusted by the Secretary for inflation. 

(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The 

term ‘‘socially and economically disadvantaged individuals’’ has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 

637(d)) and relevant subcontracting regulations promulgated pursuant 

thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. 

(3) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State 

shall annually survey and compile a list of the small business concerns referred 

to in paragraph (1) and the location of such concerns in the State and notify 

the Secretary, in writing, of the percentage of such concerns which are controlled by women, by socially and economically disadvantaged individuals (other 

than women), and by individuals who are women and are otherwise socially and 

economically disadvantaged individuals. 

(4) UNIFORM CERTIFICATION.—The Secretary shall establish minimum uniform 

criteria for State governments to use in certifying whether a concern qualifies 

for purposes of this subsection. Such minimum uniform criteria shall include, 

but not be limited to, on-site visits, personal interviews, licenses, analysis of 

stock ownership, listing of equipment, analysis of bonding capacity, listing of 

work completed, resume of principal owners, financial capacity, and type of 

work preferred. 

(5) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the 

eligibility of an entity or person to receive funds made available under titles I, 

III, and V of this Act and section 403 of title 23, United States Code, if the entiVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00009 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
8 

ty or person is prevented, in whole or in part, from complying with paragraph 

(1) because a Federal court issues a final order in which the court finds that 

the requirement of paragraph (1), or the program established under paragraph 

(1), is unconstitutional. 

SEC. 1102. OBLIGATION CEILING. 

(a) GENERAL LIMITATION.—Notwithstanding any other provision of law but subject 

to subsections (g) and (h), the obligations for Federal-aid highway and highway safety construction programs shall not exceed— 

(1) $33,643,000,000 for fiscal year 2004; 

(2) $34,412,000,000 for fiscal year 2005; 

(3) $36,287,100,000 for fiscal year 2006; 

(4) $37,616,700,000 for fiscal year 2007; 

(5) $38,876,400,000 for fiscal year 2008; and 

(6) $40,231,500,000 for fiscal year 2009. 

(b) EXCEPTIONS.—The limitations under subsection (a) shall not apply to obligations— 

(1) under section 125 of title 23, United States Code; 

(2) under section 147 of the Surface Transportation Assistance Act of 1978; 

(3) under section 9 of the Federal-Aid Highway Act of 1981; 

(4) under sections 131(b) and 131(j) of the Surface Transportation Assistance 

Act of 1982; 

(5) under sections 149(b) and 149(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987; 

(6) under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; 

(7) under section 157 of title 23, United States Code, as in effect on June 8, 

1998; 

(8) under section 105 of title 23, United States Code (but, for each of fiscal 

years 1998 through 2013), only in an amount equal to $639,000,000 per fiscal 

year; and 

(9) for Federal-aid highway programs for which obligation authority was 

made available under the Transportation Equity Act for the 21st Century or 

subsequent public laws for multiple years or to remain available until used, but 

only to the extent that such obligation authority has not lapsed or been used. 

(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal years 2004 

through 2009, the Secretary shall— 

(1) not distribute obligation authority provided by subsection (a) for such fiscal year for amounts authorized for administrative expenses and amounts authorized for the highway use tax evasion program and the Bureau of Transportation Statistics; 

(2) not distribute an amount of obligation authority provided by subsection (a) 

that is equal to the unobligated balance of amounts made available from the 

Highway Trust Fund (other than the Mass Transit Account) for Federal-aid 

highway and highway safety programs for previous fiscal years the funds for 

which are allocated by the Secretary; 

(3) determine the ratio that— 

(A) the obligation authority provided by subsection (a) for such fiscal year 

less the aggregate of amounts not distributed under paragraphs (1) and (2), 

bears to 

(B) the total of the sums authorized to be appropriated for Federal-aid 

highway and highway safety construction programs (other than sums authorized to be appropriated for sections set forth in paragraphs (1) through 

(7) of subsection (b) and sums authorized to be appropriated for section 105 

of title 23, United States Code, equal to the amount referred to in subsection (b)(8)) for such fiscal year less the aggregate of the amounts not distributed under paragraph (1) of this subsection; 

(4) distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2) for section 117 

of title 23, United States Code (relating to high priority projects program), section 14501 of title 40, United States Code (relating to Appalachian development 

highway system), and $2,000,000,000 for such fiscal year under section 105 of 

title 23, United States Code (relating to minimum guarantee) so that amount 

of obligation authority available for each of such sections is equal to the amount 

determined by multiplying the ratio determined under paragraph (3) by the 

sums authorized to be appropriated for such section (except in the case of section 105, $2,000,000,000) for such fiscal year; 

(5) distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts disVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00010 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
9 

tributed under paragraph (4) for each of the programs that are allocated by the 

Secretary under this Act and title 23, United States Code (other than activities 

to which paragraph (1) applies and programs to which paragraph (4) applies) 

by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such program for such fiscal year; and 

(6) distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5) for Federal-aid highway and highway 

safety construction programs (other than the minimum guarantee program, but 

only to the extent that amounts apportioned for the minimum guarantee program for such fiscal year exceed $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under 

this Act and title 23, United States Code, in the ratio that— 

(A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear to 

(B) the total of the sums authorized to be appropriated for such programs 

that are apportioned to all States for such fiscal year. 

(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (c), the Secretary shall after August 1 of each of fiscal years 2004 through 

2009 revise a distribution of the obligation authority made available under subsection (c) if an amount made available under this section will not be obligated during the fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year. In 

making the redistribution, the Secretary shall give priority to those States having 

large unobligated balances of funds apportioned under sections 104 and 144 of title 

23, United States Code. 

(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH

PROGRAMS.—Obligation limitations imposed by subsection (a) shall apply to transportation research programs carried out under chapter 5 of title 23, United States 

Code, and under title V of this Act; except that obligation authority made available 

for such programs under such limitations shall remain available for a period of 3 

fiscal years. 

(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later than 30 days after 

the date of the distribution of obligation authority under subsection (c) for each of 

fiscal years 2004 through 2009, the Secretary shall distribute to the States any 

funds (1) that are authorized to be appropriated for such fiscal year for Federal-aid 

highway programs, and (2) that the Secretary determines will not be allocated to 

the States, and will not be available for obligation, in such fiscal year due to the 

imposition of any obligation limitation for such fiscal year. Such distribution to the 

States shall be made in the same ratio as the distribution of obligation authority 

under subsection (c)(6). The funds so distributed shall be available for any purposes 

described in section 133(b) of title 23, United States Code. 

(g) SPECIAL RULE.—Obligation authority distributed for a fiscal year under subsection (c)(4) for a section set forth in subsection (c)(4) shall remain available until 

used for obligation of funds for such section and shall be in addition to the amount 

of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. 

(h) INCREASE IN OBLIGATION LIMIT.—Limitations on obligations imposed by subsection (a) for a fiscal year shall be increased by an amount 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)) for such fiscal 

year. Any such increase shall be distributed in accordance with this section. 

(i) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRATIVE EXPENSES.—Notwithstanding any other provision of law, the total amount of all obligations under section 

104(a) of title 23, United States Code, shall not exceed— 

(1) $390,000,000 for fiscal year 2004; 

(2) $395,000,000 for fiscal year 2005; 

(3) $395,000,000 for fiscal year 2006; 

(4) $395,000,000 for fiscal year 2007; 

(5) $395,000,000 for fiscal year 2008; and 

(6) $400,000,000 for fiscal year 2009. 

SEC. 1103. APPORTIONMENTS. 

(a) ADMINISTRATIVE EXPENSES.—Section 104(a) of title 23, United States Code, is 

amended— 

(1) by striking paragraphs (1) and (2) and inserting the following: 

‘‘(1) IN GENERAL.—There are authorized to be appropriated from the Highway 

Trust Fund (other than the Mass Transit Account) for purposes described in 

paragraph (2) $390,000,000 for fiscal year 2004, $395,000,000 for fiscal year 

10 

2005, $395,000,000 for fiscal year 2006, $395,000,000 for fiscal year 2007, 

$395,000,000 for fiscal year 2008, and $400,000,000 for fiscal year 2009. 

‘‘(2) USE OF FUNDS.—The amounts authorized to be appropriated by paragraph (1) are authorized for the following purposes: 

‘‘(A) To administer the provisions of law to be financed from appropriations for the Federal-aid highway program and programs authorized under 

chapter 2. 

‘‘(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.’’; 

(2) in paragraph (3) by striking ‘‘sum deducted under’’ and inserting ‘‘amounts 

authorized to be appropriated by’’; and 

(3) in paragraph (4)— 

(A) by striking ‘‘sums deducted under’’ and inserting ‘‘amounts authorized 

to be appropriated by’’; and 

(B) by striking ‘‘and the Federal Motor Carrier Safety Administration’’. 

(b) NATIONAL HIGHWAY SYSTEM.—Section 104(b) of such title is amended— 

(1) by striking ‘‘the deduction authorized by subsection (a) and’’; and 

(2) in paragraph (1)(A)— 

(A) by striking ‘‘$36,400,000 for each fiscal year’’ and inserting 

‘‘$40,000,000 for fiscal year 2004, $40,000,000 for fiscal year 2005, 

$40,000,000 for fiscal year 2006, $50,000,000 for fiscal year 2007, 

$50,000,000 for fiscal year 2008, and $50,000,000 for fiscal year 2009’’; and 

(B) by striking ‘‘$18,800,000 for each of fiscal years 1998 through 2002’’ 

and inserting ‘‘$20,000,000 for fiscal year 2004 and $30,000,000 for each of 

fiscal years 2005 through 2009’’. 

(c) REPORT.—Section 104(j) of title 23, United States Code, is amended by striking 

‘‘submit to Congress a report’’ and inserting ‘‘transmit to Congress a report, and also 

make such report available to the public in a user-friendly format via the Internet,’’. 

(d) CONFORMING AMENDMENTS.—Section 104 of such title is amended— 

(1) in subsection (f)(1)— 

(A) by striking ‘‘, after making the deduction authorized by subsection (a) 

of this section,’’; and 

(B) by striking ‘‘remaining’’; and 

(2) in subsection (i) by striking ‘‘deducted’’ and inserting ‘‘authorized to be appropriated’’. 

(e) PUERTO RICO HIGHWAY PROGRAM.—Section 1214(r) of the Transportation Equity Act for the 21st Century (112 Stat. 209; 117 Stat. 1114; 118 Stat. 1149) is 

amended— 

(1) in paragraph (1) by striking ‘‘1101(a)(15) for each of fiscal years 1998 

through 2005’’ and inserting ‘‘1101(a)(24) for each of fiscal years 2004 through 

2009 of the Transportation Equity Act: A Legacy for Users’’; and 

(2) in paragraph (2) by striking ‘‘1101(a)(15) of this Act’’ and inserting 

‘‘1101(a)(24) of the Transportation Equity Act: A Legacy for Users’’. 

SEC. 1104. MINIMUM GUARANTEE. 

To be supplied. 

SEC. 1105. PROJECT APPROVAL AND OVERSIGHT. 

Section 106 of title 23, United States Code, is amended by striking subsection (h) 

and inserting the following: 

‘‘(h) OVERSIGHT PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall establish an oversight program to monitor the effective and efficient use of funds authorized to carry out this title. At 

a minimum, the program shall be responsive to all areas related to financial 

integrity and project delivery. 

‘‘(2) FINANCIAL INTEGRITY.— 

‘‘(A) FINANCIAL MANAGEMENT SYSTEMS.—The Secretary shall perform annual reviews that address elements of the State transportation departments’ financial management systems that affect projects approved under 

subsection (a). 

‘‘(B) PROJECT COSTS.—The Secretary shall develop minimum standards 

for estimating project costs and shall periodically evaluate the States’ practices for estimating project costs, awarding contracts, and reducing project 

costs. 

‘‘(C) RESPONSIBILITY OF THE STATES.—The States are responsible for determining that subrecipients of Federal funds under this title have sufficient accounting controls to properly manage such Federal funds. The Secretary shall periodically review the States’ monitoring of subrecipients. 

11 

‘‘(3) PROJECT DELIVERY.—The Secretary shall perform annual reviews that address elements of a State’s project delivery system, which includes one or more 

activities that are involved in the life cycle of a project from its conception to 

its completion. 

‘‘(4) RESPONSIBILITY OF THE STATES.—The States are responsible for determining that subrecipients of Federal funds under this title have adequate 

project delivery systems for projects approved under this section. The Secretary 

shall periodically review the States’ monitoring of subrecipients. 

‘‘(5) SPECIFIC OVERSIGHT RESPONSIBILITIES.—Nothing in this section shall affect or discharge any oversight responsibility of the Secretary specifically provided for under this title or other Federal law. In addition, the Secretary shall 

retain full oversight responsibilities for the design and construction of all Appalachian development highways under section 14501 of title 40. 

‘‘(i) MAJOR PROJECTS.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision in this section, a recipient of Federal financial assistance for a project under this title with an estimated total cost of $500,000,000 or more, or any other project in the discretion 

of the Secretary, shall submit to the Secretary a project management plan and 

an annual financial plan. 

‘‘(2) PROJECT MANAGEMENT PLAN.—The project management plan shall document the procedures and processes in place to provide timely information to the 

project decision makers to manage effectively the scope, costs, schedules, and 

quality, and the Federal requirements of the project and the role of the agency 

leadership and management team in the delivery of the project. 

‘‘(3) FINANCIAL PLAN.—The financial plan shall be based on detailed estimates 

of the cost to complete the project. Annual updates shall be submitted based on 

reasonable assumptions, as determined by the Secretary, of future increases in 

the cost to complete the project. 

‘‘(j) OTHER PROJECTS.—A recipient of Federal financial assistance for a project 

under this title with an estimated total cost of $100,000,000 or more that is not covered by subsection (h) shall prepare an annual financial plan. Annual financial 

plans prepared under this subsection shall be made available to the Secretary for 

review upon the Secretary’s request.’’. 

SEC. 1106. USE OF EXCESS FUNDS. 

Section 106 of title 23, United States Code, is further amended by adding at the 

end the following: 

‘‘(k) USE OF EXCESS FUNDS.— 

‘‘(1) AUDITS.—A State may audit projects funded with amounts apportioned 

under sections 104 and 144 to determine whether any amounts obligated for a 

project are excess funds. 

‘‘(2) PLANS FOR USE OF EXCESS FUNDS.—If a State determines, after conducting an audit under paragraph (1), that funds obligated for a project are excess funds, the State may develop a plan for obligating the funds for the design 

and construction of— 

‘‘(A) with respect to excess funds derived from the surface transportation 

program under section 133(d)(1), 133(d) (2), or 133(d)(3), the highway bridge 

replacement and rehabilitation program under section 144, the congestion 

mitigation and air quality improvement program under section 149, or the 

recreational trails program under section 206, one or more projects that are 

eligible for funding under that program; and 

‘‘(B) with respect to excess funds derived from any other program under 

this title, one or more projects that are eligible for funding those programs 

or the surface transportation program under section 133. 

‘‘(3) CERTIFICATION TO THE SECRETARY.—A State that has developed a plan 

under paragraph (2) shall transmit to the Secretary a certification that the 

State has conducted an audit under paragraph (1) and developed the plan in 

accordance with paragraph (2). 

‘‘(4) IMPLEMENTATION OF PLANS.—After transmitting a certification to the Secretary with respect to a plan under paragraph (3), the State may carry out the 

plan. 

‘‘(5) APPLICABILITY OF REQUIREMENTS.— 

‘‘(A) IN GENERAL.—Except as provided by subparagraph (B), excess funds 

used to carry out a project under this section shall be subject to the requirements of this title that are applicable to the program under which the 

project is carried out. 

‘‘(B) STP ALLOCATIONS.—Section 133(d) shall not apply to excess funds 

used to carry out a project under this section, unless such funds are derived 

from amounts apportioned under 104(b)(3). 

12 

‘‘(6) EXCESS FUNDS DEFINED.—In this subsection, the term ‘excess funds’ 

means funds obligated for a project that remain available for the project after 

the project has been completed or canceled.’’. 

SEC. 1107. TEMPORARY TRAFFIC CONTROL DEVICES. 

(a) STANDARDS.—Section 109(e) of title 23, United States Code, is amended— 

(1) by striking ‘‘(e) No funds’’ and inserting the following: 

‘‘(e) INSTALLATION OF SAFETY DEVICES.— ‘‘(1) HIGHWAY AND RAILROAD GRADE CROSSINGS AND DRAWBRIDGES.—No 

funds’’; and 

(2) by adding at the end the following: 

‘‘(2) TEMPORARY TRAFFIC CONTROL DEVICES.—No funds shall be approved for 

expenditure on any Federal-aid highway, or highway affected under chapter 2 

of this title, unless proper temporary traffic control devices to improve safety 

in work zones will be installed and maintained during construction, utility, and 

maintenance operations on that portion of the highway with respect to which 

such expenditures are to be made. Installation and maintenance of the devices 

shall be in accordance with the Manual on Uniform Traffic Control Devices.’’. 

(b) LETTING OF CONTRACTS.—Section 112 of such title is amended— 

(1) by striking subsection (f); 

(2) by redesignating subsection (g) as subsection (f); and 

(3) by adding at the end the following: 

‘‘(g) TEMPORARY TRAFFIC CONTROL DEVICES.— ‘‘(1) ISSUANCE OF REGULATIONS.—The Secretary, after consultation with appropriate Federal and State officials, shall issue regulations establishing the 

conditions for the appropriate use of, and expenditure of funds for, uniformed 

law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations. 

‘‘(2) EFFECTS OF REGULATIONS.—Based on regulations issued under paragraph 

(1), a State shall— 

‘‘(A) develop separate pay items for the use of uniformed law enforcement 

officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices 

during construction, utility, and maintenance operations; and 

‘‘(B) incorporate such pay items into contract provisions to be included in 

each contract entered into by the State with respect to a highway project 

to ensure compliance with section 109(e)(2). 

‘‘(3) LIMITATION.—Nothing in the regulations shall be construed to prohibit a 

State from implementing standards that are more stringent than those required 

under the regulations. 

‘‘(4) POSITIVE PROTECTIVE MEASURES DEFINED.—In this subsection, the term 

‘positive protective measures’ means temporary traffic barriers, crash cushions, 

and other strategies to avoid traffic accidents in work zones, including full road 

closures.’’. 

SEC. 1108. REVENUE ALIGNED BUDGET AUTHORITY. 

(a) ALLOCATION.—Section 110(a)(1) of title 23, United States Code, is amended— 

(1) by striking ‘‘2000’’ and inserting ‘‘2006’’; 

(2) by inserting after ‘‘such fiscal year’’ the following: ‘‘and the succeeding fiscal year’’. 

(b) REDUCTION.—Section 110(a)(2) of such title is amended— 

(1) by striking ‘‘2000’’ and inserting ‘‘2006’’; 

(2) by striking ‘‘October 1 of the succeeding’’ and inserting ‘‘October 15 of 

such’’; and 

(3) by inserting after ‘‘Account)’’ the following: ‘‘for such fiscal year and the 

succeeding fiscal year’’. 

(c) GENERAL DISTRIBUTION.—Section 110(b)(1)(A) of such title is amended by striking ‘‘Transportation Equity Act for the 21st Century’’ and inserting ‘‘Transportation 

Equity Act: A Legacy for Users’’. 

(d) TECHNICAL AMENDMENT.—Section 110(b)(1)(A) of title 23, United States Code, 

is amended by striking ‘‘for’’ the second place it appears. 

SEC. 1109. EMERGENCY RELIEF. 

There is authorized to be appropriated for a fiscal year such sums as may be necessary for allocations by the Secretary described in subsections (a) and (b) of sections 125 of title 23, United States Code, if the total of those allocations in such 

fiscal year are in excess of $100,000,000. 

SEC. 1110. SURFACE TRANSPORTATION PROGRAM. 

Section 133(f)(1) of title 23, United States Code, is amended— 

13 

(1) by striking ‘‘1998 through 2000’’ and inserting ‘‘2004 through 2006’’; and 

(2) by striking ‘‘2001 through 2003’’ and inserting ‘‘2007 through 2009’’. 

SEC. 1111. HIGHWAY USE TAX EVASION PROJECTS. 

(a) ELIGIBLE ACTIVITIES.— 

(1) INTERGOVERNMENTAL ENFORCEMENT EFFORTS.—Section 143(b)(2) of title 

23, United States Code, is amended by inserting before the period the following: 

‘‘; except that of funds so made available for each of fiscal years 2004 through 

2009, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training’’. 

(2) CONDITIONS ON FUNDS ALLOCATED TO INTERNAL REVENUE SERVICE.—Section 143(b)(3) of such title is amended by striking ‘‘The’’ and inserting ‘‘Except 

as otherwise provided in this section, the’’. 

(3) LIMITATION ON USE OF FUNDS.—Section 143(b)(4) of such title is amended— 

(A) by striking ‘‘and’’ at the end of subparagraph (F); 

(B) by striking the period at the end of subparagraph (G) and inserting 

a semicolon; and 

(C) by adding at the end the following: 

‘‘(H) to support efforts between States and Indian tribes to address issues 

related to State motor fuel taxes; and 

‘‘(I) to analyze and implement programs to reduce tax evasion associated 

with foreign imported fuel.’’. 

(4) REPORTS.—Section 143(b) of such title is amended by adding at the end 

the following: 

‘‘(9) REPORTS.—The Commissioner of the Internal Revenue Service and each 

State shall submit to the Secretary an annual report that describes the projects, 

examinations, and criminal investigations funded by and carried out under this 

section. Such report shall specify the annual yield estimated for each project 

funded under this section.’’. 

(b) EXCISE FUEL REPORTING SYSTEM.— 

(1) IN GENERAL.—Section 143(c)(1) of such title is amended— 

(A) by striking ‘‘August 1, 1998,’’ and inserting ‘‘90 days after the date 

of enactment of the Transportation Equity Act: A Legacy for Users,’’; 

(B) by striking ‘‘development’’ and inserting ‘‘completion, operation,’’; and 

(C) by striking ‘‘an excise fuel reporting system (in this subsection referred to as ‘the system’)’’ and inserting ‘‘an excise summary terminal activity reporting system’’. 

(2) ELEMENTS OF MEMORANDUM OF UNDERSTANDING.—Section 143(c)(2) of 

such title is amended— 

(A) by striking ‘‘the system’’ the first place it appears and inserting ‘‘the 

excise summary terminal activity reporting system’’; 

(B) in subparagraph (A) by striking ‘‘develop’’ and inserting ‘‘complete’’; 

(C) by striking ‘‘and’’ at the end of subparagraph (B); 

(D) by striking the period at the end of subparagraph (C) and inserting 

‘‘; and’’; and 

(E) by adding at the end the following: 

‘‘(D) the Commissioner of the Internal Revenue Service shall submit and 

the Secretary shall approve a budget and project plan for the completion, 

operation, and maintenance of the system.’’; and 

(3) FUNDING PRIORITY.—Section 143(c)(3) of such title is amended to read as 

follows: 

‘‘(3) FUNDING.—Of the amounts made available to carry out this section for 

each of fiscal years 2004 through 2009, the Secretary shall make available to 

the Internal Revenue Service such funds as may be necessary to complete, operate, and maintain the excise summary terminal activity reporting system in accordance with this subsection.’’. 

(c) REGISTRATION SYSTEM AND ELECTRONIC DATABASE.—Section 143 of such title 

is further amended by adding at the end the following: 

‘‘(d) PIPELINE, VESSEL, AND BARGE REGISTRATION SYSTEM.— 

‘‘(1) IN GENERAL.—Not later than 90 days after the date of enactment of this 

subsection, the Secretary shall enter into a memorandum of understanding with 

the Commissioner of the Internal Revenue Service for the purposes of the development, operation, and maintenance of a registration system for pipelines, vessels, and barges, and operators of such pipelines, vessels, and barges, that make 

bulk transfers of taxable fuel. 

‘‘(2) ELEMENTS OF MEMORANDUM OF UNDERSTANDING.—The memorandum of 

understanding shall provide that— 

14 

‘‘(A) the Internal Revenue Service shall develop and maintain the registration system through contracts; 

‘‘(B) the Commissioner of the Internal Revenue Service shall submit and 

the Secretary shall approve a budget and project plan for development, operation, and maintenance of the registration system; 

‘‘(C) the registration system shall be under the control of the Internal 

Revenue Service; and 

‘‘(D) the registration system shall be made available for use by appropriate State and Federal revenue, tax, and law enforcement authorities, 

subject to section 6103 of the Internal Revenue Code of 1986. 

‘‘(3) FUNDING.—Of the amounts made available to carry out this section for 

each of fiscal years 2004 through 2009, the Secretary shall make available to 

the Internal Revenue Service such funds as may be necessary to complete, operate, and maintain a registration system for pipelines, vessels, and barges, and 

operators of such pipelines, vessels, and barges, that make bulk transfers of taxable fuel in accordance with this subsection. 

‘‘(e) HEAVY VEHICLE USE TAX PAYMENT DATABASE.— 

‘‘(1) IN GENERAL.—Not later than 90 days after the date of enactment of this 

subsection, the Secretary shall enter into a memorandum of understanding with 

the Commissioner of the Internal Revenue Service for the purposes of the establishment, operation, and maintenance of an electronic database of heavy vehicle 

highway use tax payments. 

‘‘(2) ELEMENTS OF MEMORANDUM OF UNDERSTANDING.—The memorandum of 

understanding shall provide that— 

‘‘(A) the Internal Revenue Service shall establish and maintain the electronic database through contracts; 

‘‘(B) the Commissioner of the Internal Revenue Service shall submit and 

the Secretary shall approve a budget and project plan for establishment, operation, and maintenance of the electronic database; 

‘‘(C) the electronic database shall be under the control of the Internal 

Revenue Service; and 

‘‘(D) the electronic database shall be made available for use by appropriate State and Federal revenue, tax, and law enforcement authorities, 

subject to section 6103 of the Internal Revenue Code of 1986. 

‘‘(3) FUNDING.—Of the amounts made available to carry out this section for 

each of fiscal years 2004 through 2009, the Secretary shall make available to 

the Internal Revenue Service such funds as may be necessary to establish, operate, and maintain an electronic database of heavy vehicle highway use tax payments in accordance with this subsection. 

‘‘(f) REPORTS.—Not later than March 31 and September 30 of each year, the Commissioner of the Internal Revenue Service shall provide reports to the Secretary on 

the status of the Internal Revenue Service projects funded under this section related 

to the excise summary terminal activity reporting system, the pipeline, vessel, and 

barge registration system, and the heavy vehicle use tax electronic database.’’. 

SEC. 1112. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 

(a) APPORTIONMENT.—The Secretary shall apportion funds made available by section 1101(a)(7) of this Act for fiscal years 2004 through 2009 among the States 

based on the latest available cost to complete estimate for the Appalachian development highway system under section 14501 title 40, United States Code. 

(b) APPLICABILITY OF TITLE 23.—Funds made available by section 1101(a)(7) of 

this Act for the Appalachian development highway system shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of 

title 23, United States Code; except that the Federal share of the cost of any project 

under this section shall be determined in accordance with such section 14501 of title 

40, United States Code, and such funds shall be available to construct highways and 

access roads under such section and shall remain available until expended. 

(c) USE OF TOLL CREDITS.—Section 120(j)(1) of title 23, United States Code is 

amended by inserting ‘‘and the Appalachian development highway system program 

under section 14501 of title 40’’ after ‘‘section 125’’. 

SEC. 1113. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES. 

(a) IN GENERAL.—Subchapter I of chapter 1 of title 23, United States Code, is 

amended by adding at the end the following: 

‘‘§ 165. Construction of ferry boats and ferry terminal facilities 

‘‘(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). 

15 

‘‘(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. 

‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts made available to carry out this section 

shall remain available until expended. 

‘‘(d) SET-ASIDE FOR PROJECTS ON NHS.— 

‘‘(1) IN GENERAL.—$20,000,000 of the amount made available to carry out this 

section for each of fiscal years 2004 through 2009 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. 

‘‘(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. 

‘‘(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. 

‘‘(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. 

‘‘(e) APPLICABILITY.—All provisions of this chapter 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.’’. 

(b) CONFORMING AMENDMENT.—The analysis for subchapter I of chapter 1 of such 

title is amended by adding at the end the following: 

‘‘165. Construction of ferry boats and ferry terminal facilities.’’. 

(c) NATIONAL FERRY DATABASE.— 

(1) ESTABLISHMENT.—The Secretary, acting through the Bureau of Transportation Statistics, shall establish and maintain a national ferry database. 

(2) CONTENTS.—The database shall contain current information regarding 

ferry systems, including information regarding routes, vessels, passengers and 

vehicles carried, funding sources and such other information as the Secretary 

considers useful. 

(3) UPDATE REPORT.—Using information collected through the database, the 

Secretary shall periodically modify as appropriate the report submitted under 

section 1207(c) of the Transportation Equity Act for the 21st Century (23 U.S.C. 

129 note; 112 Stat. 185–186). 

(4) REQUIREMENTS.—The Secretary shall— 

(A) compile the database not later than 1 year after the date of enactment of this Act and update the database every 2 years thereafter; 

(B) ensure that the database is easily accessible to the public; 

(C) make available, from the ferry boat and ferry terminal program authorized under section 165 of title 23, United States Code, not more than 

$500,000 for each of fiscal years 2005 through 2009 to establish the database. 

SEC. 1114. INTERSTATE MAINTENANCE DISCRETIONARY. 

(a) IN GENERAL.—Section 118 of title 23, United States Code, is amended— 

(1) by striking subsection (c); 

(2) in subsection (e) by inserting ‘‘Special Rules.—’’ before ‘‘Funds made’’; and 

(3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. 

(b) CONFORMING AMENDMENT.—Section 103(d)(1) of such title is amended by striking ‘‘or 118(c)’’. 

(c) TECHNICAL AMENDMENTS.— 

(1) SECTION 114.—Section 114(a) of such title is amended by striking ‘‘Except 

as provided in section 117 of this title, such’’ and inserting ‘‘Such’’. 

(2) SECTION 116.—Section 116(b) of such title is amended by striking ‘‘highway 

department’’ and inserting ‘‘transportation department’’. 

(3) SECTION 120.—Section 120(e) of such title is amended in the first sentence 

by striking ‘‘such system’’ and inserting ‘‘such highway’’. 

(4) SECTION 126.—Section 126(a) of such title is amended by inserting ‘‘under’’ 

before ‘‘section 104(b)(3)’’. 

(5) SECTION 127.—Section 127 of such title is amended by striking ‘‘118(b)(1)’’ 

and inserting ‘‘118(b)(2)’’. 

(6) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—Section 1212(i) of the Transportation Equity Act for the 21st Century (112 Stat. 196–197) is amended by 

redesignating subparagraphs (D) and (E) as paragraphs (2) and (3), respectively, and moving such paragraphs 2 ems to the left. 

16 

(d) LIMITATION.—The amendments made by this section shall not apply to, or 

have any affect with respect to, funds made available under section 118 of title 23, 

United States Code, before the date of enactment of this section. 

(e) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) of this 

section shall take effect on September 30, 2005. 

SEC. 1115. HIGHWAY BRIDGE. 

(a) SCOUR COUNTERMEASURES.—Section 144(d) of title 23, United States Code, is 

amended to read as follows: 

‘‘(d) APPLICATIONS FOR AND APPROVAL OF ASSISTANCE.— ‘‘(1) BRIDGE REPLACEMENT OR REHABILITATION.—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 subsections (b) and (c) shows to be eligible, the Secretary may approve Federal participation in replacing such bridge with a comparable facility or in rehabilitating such bridge. 

‘‘(2) PREVENTIVE MAINTENANCE, SCOUR MEASURES, AND APPLICATIONS OF CER- TAIN COMPOSITIONS.—Whenever any State makes application to the Secretary 

for assistance in painting, seismic retrofit, or preventive maintenance of, or installing scour countermeasures or applying calcium magnesium acetate, sodium 

acetate/formate, or other environmentally acceptable, minimally corrosive antiicing and de-icing compositions to, the structure of a highway bridge, the Secretary may approve Federal participation in the painting, seismic retrofit, or 

preventive maintenance of, or installation of scour countermeasures or application of acetate or sodium acetate/formate or such anti-icing or de-icing composition to, such structure. 

‘‘(3) ELIGIBILITY.—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 

preventive maintenance on a bridge, seismic retrofit of a bridge, or installing 

scour countermeasures to a bridge under this section without regard to whether 

the bridge is eligible for replacement or rehabilitation under this section.’’. 

(b) BRIDGE DISCRETIONARY SET-ASIDE.—Section 144(g)(1) of such title is amended 

by adding at the end the following: 

‘‘(D) FISCAL YEARS 2004 THROUGH 2009.—Of the amounts authorized to be 

appropriated to carry out the bridge program under this section for each of 

the fiscal years 2004 through 2009, 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 $25,000,000 shall be available 

only for projects for the seismic retrofit of bridges, and of which $10,000,000 

shall be available only for the seismic retrofit of a bridge described in subsection (l), and except as provided in subparagraph (E). 

‘‘(E) GRAVINA ACCESS.— 

‘‘(i) IN GENERAL.—Of the amounts authorized to be appropriated to 

carry out the bridge program under this paragraph, for each of the fiscal years 2005 through 2009, $10,000,000 shall be set aside from the 

$100,000,000 available at the discretion of the Secretary under subparagraph (D) for the construction of a bridge joining the Island of 

Gravina to the community of Ketchikan in Alaska. 

‘‘(ii) SCORING.—The project described in this subparagraph shall not 

be counted for purposes of the reduction set forth in the fourth sentence 

of subsection (e).’’. 

(c) OFF-SYSTEM BRIDGES.—Section 144(g)(3) of such title is amended— 

(1) by striking ‘‘15 percent’’ and inserting ‘‘20 percent’’; 

(2) by striking ‘‘1987’’ and inserting ‘‘2005’’; 

(3) by striking ‘‘2004’’ the first place it appears and all that follows through 

‘‘2005,’’ and inserting ‘‘2009 for the bridge program,’’; 

(4) by inserting ‘‘, perform systematic preventive maintenance,’’ after ‘‘paint’’; 

and 

(5) by inserting a comma before ‘‘to highway bridges’’. 

(d) TECHNICAL AMENDMENT.—Section 144(i) of such title is amended by striking 

‘‘at the same time’’ and all that follows through ‘‘Congress’’. 

SEC. 1116. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PROGRAM. 

(a) EXTENSION.—Section 1221(e)(1) of the Transportation Equity Act for the 21st 

Century (23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 879; 118 Stat. 1149) is amended— 

(1) by striking ‘‘1999 and’’ and inserting ‘‘1999,’’; and 

(2) by striking ‘‘2004’’ the first place it appears and all that follows through 

‘‘2005’’ and inserting the following: ‘‘, and $25,000,000 for fiscal year 2004, 

17 

$30,000,000 for fiscal year 2005, $35,000,000 for fiscal year 2006, $35,000,000 

for fiscal year 2007, and $35,000,000 for each of fiscal years 2008 and 2009’’. 

(b) FEDERAL SHARE.—Section 1221(e)(2) of such Act is amended by inserting before the period at the end ‘‘; except that such funds shall not be transferable and 

the Federal share for projects and activities carried out with such funds shall be 

determined in accordance with section 120(b) of title 23, United States Code’’. 

(c) PLANNING ACTIVITIES PILOT PROGRAM.—Section 1221 of such Act is amended 

by adding at the end the following: 

‘‘(f) PLANNING ACTIVITIES PILOT PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall establish a pilot program using funds 

set aside under paragraph (4) to support planning and public participation activities related to highway and public transportation projects. 

‘‘(2) ELIGIBLE ACTIVITIES.—Activities eligible to be carried out under the pilot 

program may include the following: 

‘‘(A) Improving data collection and analysis to improve freight movement, 

intermodal connections, and transportation access and efficiency for all 

users, including children, older individuals, individuals with disabilities, 

low-income individuals, and minority communities. 

‘‘(B) Supporting public participation by holding public meetings using an 

interactive workshop format facilitated by design or planning experts (or 

both) to consider public input at the initial stages of project development 

and during other phases of a project. 

‘‘(C) Using innovative planning or design visualization and simulation 

tools to improve the evaluation of alternatives and their impacts and to enhance public participation in the transportation planning process, including 

tools having a structure that enables modifications to scenarios and assumptions in real time. 

‘‘(D) Enhancing coordination among transportation, land use, workforce 

development, human service, economic development, and other agencies to 

strengthen access to job training services, daycare centers, health care facilities, senior centers, public schools, universities, and residential areas, including the use of integrated planning and service delivery, especially for 

transit dependent and low-income individuals. 

‘‘(E) Contracting with nonprofit organizations, universities, and local 

agencies to deliver community-oriented transportation plans and projects, 

including public outreach, context sensitive design, transit-oriented development, multimodal corridor investments, commuter benefits deployment, and 

brownfield redevelopment. 

‘‘(F) Measuring and reporting on the annual performance of the transportation system (or parts of) relative to State or locally-established criteria regarding— 

‘‘(i) maintenance and operating costs of the transportation system, vehicle miles traveled, peak-period travel times, transportation choices, 

and mode shares; 

‘‘(ii) location of housing units, jobs, medical facilities, and commercial 

centers to transit; 

‘‘(iii) improvements directed to low-income families and older individuals; 

‘‘(iv) transportation-related pollution emissions into the air and 

water; 

‘‘(v) land consumption; and 

‘‘(vi) other locally-significant factors. 

‘‘(G) Improving regional travel and emission modeling to examine factors 

not currently considered, such as induced travel and land use effects of 

transportation alternatives, types of vehicles owned and used by households, time-of-day of travel and linkage of trips to each other throughout 

the day, effects of urban design and pedestrian and bicycle environment on 

travel behavior, and impacts of alternatives on the distribution of benefits 

and burdens among various groups protected under title VI of the Civil 

Rights Act of 1964 (42 U.S.C. 2000d et seq.). 

‘‘(3) FEDERAL SHARE.—Notwithstanding subsection (e)(2), the Federal share of 

the cost of activities carried out under the pilot program shall be 100 percent. 

‘‘(4) SET ASIDE.—The Secretary shall make available $1,500,000 of the 

amounts made available to carry out this section for each of fiscal years 2005 

through 2009 to carry out the pilot program under this subsection.’’. 

SEC. 1117. DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS. 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) ELIGIBLE PROJECT COSTS.—The term ‘‘eligible project costs’’— 

18 

(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) STATE.—The term ‘‘State’’ has the meaning such term has under section 

101(a) of title 23, United States Code. 

(b) IN GENERAL.— 

(1) ASSISTANCE FOR ELIGIBLE PROJECTS.—The Secretary shall make available 

financial assistance to pay the Federal share of full project costs of eligible 

projects authorized by this section. 

(2) USE OF ASSISTANCE.—Financial assistance provided under paragraph (1) 

shall be used only to pay eligible project costs of projects authorized by this section. 

(3) APPLICABILITY OF OTHER LAWS.—Financial assistance made available 

under this section, and projects assisted with such assistance, shall be subject 

to section 5333(a) of title 49, United States Code. 

(c) 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; 

(2) result in an operating transportation facility that provides a revenue producing service; and 

(3) be approved by the Secretary based on an application submitted to the 

Secretary by a State or authority designated by 1 or more States. 

(d) AUTHORIZATION OF APPROPRIATIONS.—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 2005 and $20,000,000 for each of fiscal years 

2006 through 2009. 

(e) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds authorized to be appropriated by this section shall be available for obligation in the same manner as 

if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the full project costs of an eligible project shall be 

80 percent, and such funds shall remain available until expended and shall not be 

transferable. 

SEC. 1118. RECREATIONAL TRAILS. 

(a) RECREATIONAL TRAILS PROGRAM FORMULA.—Section 104(h)(1) of title 23, 

United States Code, is amended by striking ‘‘research and technical’’ and all that 

follows through ‘‘Committee’’ and inserting ‘‘research, technical assistance, and 

training under the recreational trails program’’. 

(b) PERMISSIBLE USES.—Section 206(d)(2) of such title is amended to read as follows: 

‘‘(2) PERMISSIBLE USES.—Permissible uses of funds apportioned to a State for 

a fiscal year to carry out this section include— 

‘‘(A) maintenance and restoration of existing recreational trails; 

‘‘(B) development and rehabilitation of trailside and trailhead facilities 

and trail linkages for recreational trails; 

‘‘(C) purchase and lease of recreational trail construction and maintenance equipment; 

‘‘(D) construction of new recreational trails, except that, in the case of 

new recreational trails crossing Federal lands, construction of the trails 

shall be— 

‘‘(i) permissible under other law; 

‘‘(ii) necessary and recommended by a statewide comprehensive outdoor recreation plan that is required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.) and that is in effect; 

‘‘(iii) approved by the administering agency of the State designated 

under subsection (c)(1); and 

‘‘(iv) approved by each Federal agency having jurisdiction over the affected lands under such terms and conditions as the head of the FedVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00020 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
19 

eral 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 Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); 

‘‘(E) acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors; 

‘‘(F) assessment of trail conditions for accessibility and maintenance; 

‘‘(G) 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; and 

‘‘(H) payment of costs to the State incurred in administering the program, 

but in an amount not to exceed 7 percent of the apportionment made to the 

State for the fiscal year to carry out this section.’’. 

(c) USE OF APPORTIONMENTS.—Section 206(d)(3) of such title is amended— 

(1) by striking subparagraph (C); 

(2) by redesignating subparagraph (D) as subparagraph (C); and 

(3) in subparagraph (C) (as so redesignated) by striking ‘‘(2)(F)’’ and inserting 

‘‘(2)(H)’’. 

(d) FEDERAL SHARE.—Section 206(f) of such title is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘and the Federal share of the administrative costs of a 

State’’ after ‘‘project’’; and 

(B) by striking ‘‘not exceed 80 percent’’ and inserting ‘‘be determined in 

accordance with section 120(b)’’; 

(2) in paragraph (2)(A) by striking ‘‘80 percent of’’ and inserting ‘‘the amount 

determined in accordance with section 120(b) for’’; 

(3) in paragraph (2)(B) by inserting ‘‘sponsoring the project’’ after ‘‘Federal 

agency’’; 

(4) by striking paragraph (5); 

(5) by redesignating paragraph (4) as paragraph (5); 

(6) in paragraph (5) (as so redesignated) by striking ‘‘80 percent’’ and inserting ‘‘the Federal share as determined in accordance with section 120(b)’’; and 

(7) by inserting after paragraph (3) the following: 

‘‘(4) USE OF RECREATIONAL TRAILS PROGRAM FUNDS TO MATCH OTHER FEDERAL

PROGRAM FUNDS.—Notwithstanding any other provision of law, funds made 

available under this section may be used toward the non-Federal matching 

share for other Federal program funds that are— 

‘‘(A) expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and 

‘‘(B) expended on a project that is eligible for assistance under this section.’’. 

(e) PLANNING AND ENVIRONMENTAL ASSESSMENT COSTS INCURRED PRIOR TO

PROJECT APPROVAL.—Section 206(h)(1) of such title is amended by adding at the end 

the following: 

‘‘(C) PLANNING AND ENVIRONMENTAL ASSESSMENT COSTS INCURRED PRIOR

TO PROJECT APPROVAL.—The Secretary may allow pre-approval planning 

and environmental compliance costs to be credited toward the non-Federal 

share of the cost of a project described under subsection (d)(2) (other than 

subparagraph (I)) in accordance with subsection (f), limited to costs incurred less than 18 months prior to project approval.’’. 

(f) ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS.—The 

Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform construction 

and maintenance of recreational trails under section 206 of title 23, United States 

Code. 

SEC. 1119. FEDERAL LANDS HIGHWAYS. 

(a) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.—Section 202(d)(3) of title 

23, United States Code, is amended to read as follows: 

‘‘(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 to an Indian tribal government under this title for a 

highway, road, bridge, parkway, or transit facility project that is located on 

an Indian reservation or provides access to the reservation or a community 

of the Indian tribe shall be made available, on the request of the Indian 

20 

tribal government, to the Indian tribal government for use in carrying out, 

in accordance with the Indian Self-Determination and Education Assistance 

Act (25 U.S.C. 450 et seq.), contracts and agreements for the planning, research, engineering, and construction relating to such project. 

‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—In accordance with subparagraph (A), all funds for a project to which subparagraph (A) applies shall 

be paid to the Indian tribal government without regard to the organizational level at which the Department of the Interior has previously carried 

out, or the Department of Transportation has previously carried out under 

the Federal lands highway programs, the programs, functions, services, or 

activities involved. 

‘‘(C) CONSORTIA.—Two or more Indian tribes that are otherwise eligible 

to participate in a project to which this title applies may form a consortium 

to be considered as a single Indian tribe for the purpose of participating in 

the project under this section. 

‘‘(D) FUNDING.—The amount an Indian tribal government receives for a 

project under subparagraph (A) shall equal the sum of the funding that the 

Indian tribal government would otherwise receive for the project in accordance with the funding formula established under this subsection and such 

additional amount as the Secretary determines equal the amounts that 

would have been withheld for the costs of the Bureau of Indian Affairs for 

administration of the project. 

‘‘(E) ELIGIBILITY.—An Indian tribal government may receive funding 

under subparagraph (A) for a project in a fiscal year if the Indian tribal 

government demonstrates to the satisfaction of the Secretary financial stability and financial management capability as demonstrated in the annual 

auditing required under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) and, during the preceding fiscal year, 

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. 

‘‘(F) ASSUMPTION OF FUNCTIONS AND DUTIES.—An Indian tribal government receiving funding under subparagraph (A) for a project shall assume 

all functions and duties that the Secretary of the Interior would have performed with respect to projects under this chapter, other than those functions and duties that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et 

seq.). 

‘‘(G) POWERS.—An Indian tribal government receiving funding under subparagraph (A) for a project shall have all powers that the Secretary of the 

Interior would have exercised in administering the funds transferred to the 

Indian tribal government for such project under this section if such funds 

had not been transferred, except to the extent that such powers are powers 

that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.). 

‘‘(H) DISPUTE RESOLUTION.—In the event of a disagreement between the 

Secretary of Transportation or the Secretary of the Interior and an Indian 

tribe over whether a particular function, duty, or power may be lawfully 

transferred under the Indian Self-Determination and Education Assistance 

Act (25 U.S.C. 450b et seq.), the Indian tribe shall have the right to pursue 

all alternative dispute resolutions and appeal procedures authorized by 

such Act, including regulations issued to carry out such Act.’’. 

(b) ALASKA NATIVE VILLAGE INVENTORY.—Section 202(d)(2) of such title is amended by adding at the end the following: 

‘‘(E) ALASKA NATIVE ROAD INVENTORY.— 

‘‘(i) IN GENERAL.—For fiscal year 2005 and each fiscal year thereafter, 

any allocation of sums authorized to be appropriated for Indian reservation roads in Alaska shall be based on an inventory of roads within 

the exterior boundaries of village corporation land selected pursuant to 

the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that 

includes all routes previously included in such an inventory. The Secretary of Transportation and the Secretary of the Interior may include, 

in the inventory of roads, those proposed for inclusion by tribal village 

governments from among community streets within the village and 

those proposed primary access routes for inclusion by tribal village governments, including roads and trails between villages (including links 

over water), roads and trails to landfills, roads and trails to drinking 

water sources, roads and trails to natural resources identified for ecoVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00022 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
21 

nomic development, and roads and trails that provide access to intermodal termini, such as airports, harbors, or boat landings. 

‘‘(ii) LIMITATION ON PRIMARY ACCESS ROUTES.—For purposes of this 

subparagraph, a proposed primary access route is the shortest practicable route connecting 2 points of the proposed route.’’. 

(c) GRANTS FOR FINANCING TRANSPORTATION DEBT.—Section 202(d)(2)(A) of such 

title is amended by inserting before the period at the end the following: ‘‘; except 

that, beginning October 1, 2004, the Secretary may use up to 3 percent of such 

funds for making grants to Indian tribes for the purpose of financing transportation 

debt for individual Indian reservation roads subject to all requirements governing 

Federal assistance for Indian roads under this section and section 204’’. 

(d) DEPUTY ASSISTANT SECRETARY OF TRANSPORTATION FOR TRIBAL GOVERNMENT

AFFAIRS.—Section 102 of title 49, United States Code, is amended— 

(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and 

(2) by inserting after subsection (e) the following: 

‘‘(f) DEPUTY ASSISTANT SECRETARY FOR TRIBAL GOVERNMENT AFFAIRS.—The Department of Transportation shall have, within the office of the Secretary, a Deputy 

Assistant Secretary for Tribal Government Affairs appointed by the President to 

plan, coordinate, and implement the Department of Transportation policy and programs serving Indian tribes and tribal organizations and to coordinate tribal transportation programs and activities in all offices and administrations of the Department and to be a participant in any negotiated rulemaking related to, or has impact 

on, projects, programs, or funding associated with the tribal transportation program.’’. 

(e) ALASKA NATIVE VILLAGE TRANSPORTATION PROGRAM.— 

(1) ESTABLISHMENT.—Not later than 3 months after the date of enactment of 

this Act, the Secretary and the Denali Commission, in coordination with the 

Alaska Federation of Natives, shall establish an Alaska Native Village transportation program to pay the costs of planning, design, construction, and maintenance of road and other surface transportation facilities identified by Alaska 

Native Villages. 

(2) ALASKA NATIVE VILLAGE DEFINED.—In this subsection, the term ‘‘Alaska 

Native Village’’ has the same meaning such term has as used by the Bureau 

of Indian Affairs in administering the Indian reservation road program under 

section 202 of title 23, United States Code. 

SEC. 1120. CONSERVATION MEASURES. 

(a) REFUGE ROADS.—Section 204(k)(1) of title 23, United States Code, is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (B); 

(2) by redesigning subparagraph (C) as subparagraph (D); 

(3) by inserting after subparagraph (B) the following: 

‘‘(C) construction, maintenance, and improvement of wildlife observation 

infrastructure; and’’; and 

(4) in subparagraph (D) (as so redesignated) by striking ‘‘maintenance and improvements’’ and inserting ‘‘construction, maintenance, and improvements’’. 

(b) FOREST HIGHWAYS.—Of the amounts made available for public lands highways 

under section 1101— 

(1) not to exceed $20,000,000 per fiscal year may be used for the maintenance 

of forest highways; 

(2) not to exceed $2,500,000 per fiscal year may be used to repair culverts and 

bridges on forest highways to facilitate appropriate fish passage and ensure reasonable flows and to maintain and remove such culverts and bridges as appropriate; and 

(3) not to exceed $1,000,000 per fiscal year may be used for signage identifying public hunting and fishing access. 

(c) WILDLIFE VEHICLE COLLISION REDUCTION STUDY.— 

(1) IN GENERAL.—The Secretary shall conduct a study of methods to reduce 

collisions between motor vehicles and wildlife (in this subsection referred to as 

‘‘wildlife vehicle collisions’’). 

(2) CONTENTS.— 

(A) AREAS OF STUDY.—The study shall include an assessment of the 

causes and impacts of wildlife vehicle collisions and solutions and best practices for reducing such collisions. 

(B) METHODS FOR CONDUCTING THE STUDY.—In carrying out the study, 

the Secretary shall— 

(i) conduct a thorough literature review; and 

(ii) survey current practices of the Department of Transportation. 

22 

(3) CONSULTATION.—In carrying out the study, the Secretary shall consult 

with appropriate experts in the field of wildlife vehicle collisions. 

(4) REPORT.— 

(A) IN GENERAL.—Not later than 2 years after the date of enactment of 

this Act, the Secretary shall transmit to Congress a report on the results 

of the study. 

(B) CONTENTS.—The report shall include a description of each of the following: 

(i) Causes of wildlife vehicle collisions. 

(ii) Impacts of wildlife vehicle collisions. 

(iii) Solutions to and prevention of wildlife vehicle collisions. 

(5) MANUAL.— 

(A) DEVELOPMENT.—Based upon the results of the study, the Secretary 

shall develop a best practices manual to support State efforts to reduce 

wildlife vehicle collisions. 

(B) AVAILABILITY.—The manual shall be made available to States not 

later than 1 year after the date of transmission of the report under paragraph (4). 

(C) CONTENTS.—The manual shall include, at a minimum, the following: 

(i) A list of best practices addressing wildlife vehicle collisions. 

(ii) A list of information, technical, and funding resources for addressing wildlife vehicle collisions. 

(iii) Recommendations for addressing wildlife vehicle collisions. 

(iv) Guidance for developing a State action plan to address wildlife 

vehicle collisions 

(6) TRAINING.—Based upon the manual developed under paragraph (5), the 

Secretary shall develop a training course on addressing wildlife vehicle collisions for transportation professionals. 

SEC. 1121. PEDESTRIAN AND CYCLIST EQUITY. 

(a) SAFE ROUTES TO SCHOOL PROGRAM.— 

(1) ESTABLISHMENT.—Subject to the requirements of this subsection, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary and middle schools. 

(2) PURPOSES.—The purposes of the program shall be— 

(A) to enable and encourage children, including those with disabilities, to 

walk and bicycle to school; 

(B) to make bicycling and walking to school a safer and more appealing 

transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and 

(C) to facilitate the planning, development, and implementation of 

projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. 

(3) APPORTIONMENT OF FUNDS.— 

(A) IN GENERAL.—Subject to subparagraphs (B) and (C), amounts made 

available to carry out this subsection for a fiscal year shall be apportioned 

among the States in the ratio that— 

(i) the total student enrollment in primary and middle schools in 

each State; bears to 

(ii) the total student enrollment in primary and middle schools in all 

the States. 

(B) MINIMUM APPORTIONMENT.—No State shall receive an apportionment 

under this subsection for a fiscal year of less than $2,000,000. 

(C) SET-ASIDE.—Before apportioning amounts made available to carry out 

this subsection under this paragraph for a fiscal year, the Secretary shall 

set aside not more than 2 percent of such amounts for the administrative 

expenses of the Secretary in carrying out this subsection. 

(D) DETERMINATION OF STUDENT ENROLLMENTS.—Determinations under 

this paragraph concerning student enrollments shall be made by the Secretary. 

(4) ADMINISTRATION OF AMOUNTS.—Amounts apportioned to a State under 

this subsection shall be administered by the State’s department of transportation. 

(5) ELIGIBLE RECIPIENTS.—Amounts apportioned to a State under this subsection shall be used by the State to provide financial assistance to State, local, 

and regional agencies, including nonprofit organizations, that demonstrate an 

ability to meet the requirements of this subsection. 

(6) ELIGIBLE PROJECTS AND ACTIVITIES.— 

(A) INFRASTRUCTURE-RELATED PROJECTS.— 

23 

(i) IN GENERAL.—Amounts apportioned to a State under this subsection may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of 

students to walk and bike to school, including sidewalk improvements, 

traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle 

and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools. 

(ii) LOCATION OF PROJECTS.—Infrastructure-related projects under 

subparagraph (A) may be carried out on any public road or any bicycle 

or pedestrian pathway or trail in the vicinity of schools. 

(B) NONINFRASTRUCTURE-RELATED ACTIVITIES.— (i) IN GENERAL.—In addition to projects described in subparagraph 

(A), amounts apportioned to a State under this subsection may be used 

for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to 

press and community leaders, traffic education and enforcement in the 

vicinity of schools, student sessions on bicycle and pedestrian safety, 

health, and environment, and funding for training, volunteers, and 

managers of safe routes to school programs. 

(ii) ALLOCATION.—Not less than 10 percent and not more than 30 

percent of the amount apportioned to a State under this subsection for 

a fiscal year shall be used for noninfrastructure-related activities under 

this subparagraph. 

(C) SAFE ROUTES TO SCHOOL COORDINATOR.—Each State receiving an apportionment under this subsection for a fiscal year shall use a sufficient 

amount of the apportionment to fund a full-time position of coordinator of 

the State’s safe routes to school program. 

(7) CLEARINGHOUSE.— 

(A) IN GENERAL.—The Secretary shall make grants to a national nonprofit 

organization engaged in promoting safe routes to schools to— 

(i) operate a national safe routes to school clearinghouse; 

(ii) develop information and educational programs on safe routes to 

school; and 

(iii) provide technical assistance and disseminate techniques and 

strategies used for successful safe routes to school programs. 

(B) FUNDING.—The Secretary shall carry out this paragraph using 

amounts set aside for administrative expenses under paragraph (3)(C). 

(8) TASK FORCE.— 

(A) IN GENERAL.—The Secretary shall establish a national safe routes to 

school task force composed of leaders in health, transportation, and education, including representatives of appropriate Federal agencies, to study 

and develop a strategy for advancing safe routes to school programs nationwide. 

(B) REPORT.—Not later than March 31, 2006, the Secretary shall transmit 

to Congress a report containing the results of the study conducted, and a 

description of the strategy developed, under subparagraph (A) and information regarding the use of funds for infrastructure-related and noninfrastructure-related activities under subparagraphs (A) and (B) of paragraph (6). 

(C) FUNDING.—The Secretary shall carry out this paragraph using 

amounts set aside for administrative expenses under paragraph (3)(C). 

(9) APPLICABILITY OF TITLE 23.—Funds made available to carry out this subsection shall be available for obligation in the same manner as if such funds 

were apportioned under chapter 1 of title 23, United States Code; except that 

such funds shall not be transferable and shall remain available until expended 

and the Federal share of the cost of a project or activity under this section shall 

be 100 percent. Notwithstanding any other provision of law, projects assisted 

under this subsection shall be treated as projects on a Federal-aid system under 

such chapter. 

(10) DEFINITIONS.—In this subsection, the following definitions apply: 

(A) IN THE VICINITY OF SCHOOLS.—The term ‘‘in the vicinity of schools’’ 

means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles). 

(B) PRIMARY AND MIDDLE SCHOOLS.—The term ‘‘primary and middle 

schools’’ means schools providing education from kindergarten through 

eighth grade. 

(C) STATE.—The term ‘‘State’’ has the meaning such term has in section 

101(a) of title 23, United States Code. 

(b) NONMOTORIZED TRANSPORTATION PILOT PROGRAM.— 

24 

(1) ESTABLISHMENT.—The Secretary shall establish and carry out a nonmotorized transportation pilot program to construct, in 4 communities selected 

by the Secretary, a network of nonmotorized transportation infrastructure facilities, including sidewalks, bicycle lanes, and pedestrian and bicycle trails, that 

connect directly with transit stations, schools, residences, businesses, recreation 

areas, and other community activity centers. 

(2) PURPOSE.—The purpose of the program shall be to demonstrate the extent 

to which bicycling and walking can carry a significant part of the transportation 

load, and represent a major portion of the transportation solution, within selected communities. 

(3) GRANTS.—In carrying out the program, the Secretary may make grants to 

State, local, and regional agencies, that the Secretary determines are suitably 

equipped and organized to carry out the objectives and requirements of this 

subsection. An agency that receives a grant under this subsection may suballocate grant funds to a nonprofit organization to carry out the program under this 

subsection. 

(4) APPLICABILITY OF TITLE 23.—Funds made available to carry out this subsection shall be available for obligation in the same manner as if such funds 

were apportioned under chapter 1 of title 23, United States Code; except that 

the Federal share of the cost of a project carried out under this subsection shall 

be 80 percent, and such funds shall not be transferable and shall remain available until expended. 

(5) STATISTICAL INFORMATION.—In carrying out the program, the Secretary 

shall develop statistical information on changes in motor vehicle, nonmotorized 

transportation, and public transportation usage in communities participating in 

the program and assess how such changes decrease congestion and energy 

usage, increase the frequency of biking and walking, and promote better health 

and a cleaner environment. 

(6) REPORTS.—The Secretary shall transmit to Congress an interim report not 

later than September 30, 2007, and a final report not later than September 30, 

2010, on the results of the program. 

SEC. 1122. NATIONAL COMMISSIONS. 

(a) NATIONAL COMMISSION ON FUTURE REVENUE SOURCES TO SUPPORT THE HIGHWAY TRUST FUND.— 

(1) ESTABLISHMENT.—There is established a National Commission on Future 

Revenue Sources to Support the Highway Trust Fund to conduct— 

(A) a study evaluating alternative short-term sources of Highway Trust 

Fund revenue to support the requirements of section 1124; and 

(B) a study evaluating alternative long-term sources of revenue to support the Highway Trust Fund, considering the findings, conclusions, and 

recommendations of a recent study by the Transportation Research Board 

of the National Academy of Sciences on alternatives to the fuel tax to support highway program financing and other relevant prior research. 

(2) FUNCTIONS.—The Commission shall— 

(A) develop recommendations to generate Highway Trust Fund revenue 

necessary to accomplish the requirements of section 1124; 

(B) oversee a comprehensive investigation of alternatives to replace the 

fuel tax as the principal revenue source to support the Highway Trust Fund 

over at least the next 30 years; 

(C) consult with the Secretary of Transportation and the Secretary of the 

Treasury to assure that their views concerning essential attributes of Highway Trust Fund revenue alternatives are understood; 

(D) assure that State transportation agency views on alternative revenue 

sources to support State transportation improvement programs are appropriately considered and that any recommended Federal financing strategy 

take into account State financial requirements; and 

(E) make specific recommendations regarding actions that need to be 

taken to develop alternative revenue sources to support the Highway Trust 

Fund and when those actions must be taken. 

(3) SPECIFIC MATTERS TO BE ADDRESSED.—The study under paragraph (1)(B) 

shall address specifically— 

(A) advantages and disadvantages of alternative revenue sources to meet 

anticipated Federal surface transportation financial requirements; 

(B) the time frame within which actions must be taken to transition from 

the fuel tax to alternative revenue sources to support the Highway Trust 

Fund; 

(C) recommendations concerning the most promising revenue sources to 

support long-term Federal surface transportation financing requirements; 

25 

(D) development of a broad transition strategy to move from the current 

tax base to new funding mechanisms, including the time frame for various 

aspects of the transition strategy; 

(E) recommendations for additional research that may be needed to implement recommended alternatives; and 

(F) the extent to which revenues should reflect the relative use of the 

highway system. 

(4) MATTERS TO CONSIDER AND EVALUATE.—To the maximum extent feasible, 

the Commission, in conducting the study under paragraph (1)(B), shall consider 

and evaluate other related work that has been done by the Department of 

Transportation, the Department of Energy, the Transportation Research Board, 

and others. In developing recommendations under paragraph (2), the Commission shall consider— 

(A) the ability to generate sufficient revenues to meet anticipated long 

term surface transportation financing needs; 

(B) the roles of the various levels of government and the private sector 

in meeting future surface transportation financing needs; 

(C) administrative costs, including enforcement, to implement each option; 

(D) potential taxpayer privacy concerns; 

(E) likely technological advances that could ease implementation of each 

option; 

(F) the equity and economic efficiency of each option; 

(G) the flexibility of different options to allow various pricing alternatives 

to be implemented; and 

(H) potential compatibility issues with States tax mechanisms under each 

alternative. 

(5) MEMBERSHIP.— 

(A) COMPOSITION.—The Commission shall be composed of nine members 

of whom— 

(i) three members shall be appointed by the Secretary; 

(ii) two members shall be appointed by the Speaker of the House of 

Representatives; 

(iii) one member shall be appointed by the minority leader of the 

House of Representatives; 

(iv) two members shall be appointed by the majority leader of the 

Senate; and 

(v) one member shall be appointed by the minority leader of the Senate. 

(B) QUALIFICATIONS.—Members appointed under subparagraph (A) shall 

have experience in public finance, surface transportation program administration, managing organizations that use surface transportation facilities, 

academic research into related issues, or other activities that provide 

unique perspectives on current and future requirements for revenue sources 

to support the Highway Trust Fund. 

(C) TERMS.—Members shall be appointed for the life of the Commission. 

(D) VACANCIES.—A vacancy on the Commission shall be filled in the manner in which the original appointment was made. 

(E) TRAVEL EXPENSES.—Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. 

(F) CHAIRMAN.—The Chairman of the Commission shall be elected by the 

members. 

(6) STAFF.— 

(A) IN GENERAL.—The Commission may engage the services of an appropriate organization, agency, or firm to conduct the studies under this subsection, but the Commission shall provide strategic guidance for the studies. 

(B) DETAIL STAFF.—Upon request of the Commission, the Secretary may 

detail, on a reimbursable basis, any of the personnel of the Department of 

Transportation to the Commission to assist the Commission in carrying out 

its duties under this subsection. 

(C) COOPERATION.—The Secretary shall cooperate with the Commission in 

conducting the studies under this subsection, including providing the Commission with such nonconfidential data and information as necessary for 

conducting and completing the study. 

(7) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of the Commission, 

the Secretary shall provide to the Commission, on a reimbursable basis, the adVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00027 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
26 

ministrative support and services necessary for the Commission to carry out its 

responsibilities under this subsection. 

(8) REPORTS AND RECOMMENDATIONS.— (A) REVENUE ACTIONS.—Not later than September 30, 2005, the Commission shall transmit to Congress a report on revenue actions that would support the requirements of section 1124. 

(B) ALTERNATIVE LONG-TERM SOURCES OF REVENUE.—Not later than September 30, 2006, the Commission shall transmit to Congress a report on the 

results of the study conducted under paragraph (1)(B), relating to alternative long-term sources of revenue to support the Highway Trust Fund, 

including recommendations to address the needs identified in the study. 

(9) TERMINATION.—The Commission shall terminate on the 180th day following the date of transmittal of the report under paragraph (8)(B). By such 

180th day, the Commission shall deliver all records and papers of the Commission to the Archivist of the United States for deposit in the National Archives. 

(10) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) 

$1,500,000 for each of fiscal years 2005 and 2006 to carry out this subsection. 

(11) APPLICABILITY OF TITLE 23.—Funds made available to carry out this subsection shall be available for obligation in the same manner as if such funds 

were apportioned under chapter 1 of title 23, United States Code; except that 

the Federal share of the cost of activities carried out under this subsection shall 

be 100 percent, and such funds shall remain available until expended. 

(b) DECLARATION OF POLICY REGARDING FUTURE OF THE INTERSTATE HIGHWAY

SYSTEM STUDY.—Section 101(b) of title 23, United States Code, is amended by striking the last paragraph and inserting the following: 

‘‘It is further declared that it is in the national interest to preserve and enhance 

the Dwight D. Eisenhower National System of Interstate and Defense Highways to 

meet the Nation’s needs for the 21st century. The current urban and long distance 

personal travel and freight movement demands have surpassed the vision of the 

original Interstate System and travel demand patterns are expected to change. Continued planning for and investment in the Interstate System is critical to assure it 

adequately meets the changing travel demands of the future. Among the foremost 

needs that the Interstate System must provide are safe, efficient, and reliable (1) 

national and interregional personal mobility, (2) flow of interstate commerce, and 

(3) travel movements essential for national security. To the maximum extent, actions under this title should address congestion, safety, and freight transportation 

to provide for a strong and vigorous national economy. The Interstate System is 

hereby declared to be the Nation’s premiere highway system, essential for the Nation’s economic vitality, national security, and general welfare. The Secretary of 

Transportation is directed to take appropriate actions to preserve and enhance the 

Interstate System to meet the needs of the 21st century in accordance with this 

title.’’. 

(c) NATIONAL COMMISSION ON FUTURE OF INTERSTATE HIGHWAY SYSTEM.— 

(1) ESTABLISHMENT.—There is established a National Commission on the Future of the Dwight D. Eisenhower National System of Interstate and Defense 

Highways (in this subsection referred to as the ‘‘Interstate System’’). 

(2) FUNCTION.—The Commission shall— 

(A) conduct a study of the current condition and future of the Interstate 

System and develop a conceptual plan with alternative approaches for the 

future of the Interstate System to assure that the Interstate System will 

continue to serve the needs of the Nation; 

(B) assure that State transportation agency views are considered; and 

(C) make specific recommendations regarding those design standards, 

Federal policies, and legislative changes that must be made to assure the 

national interests are served in meeting future Interstate System needs. 

(3) SPECIFIC MATTERS TO BE ADDRESSED.—The Commission shall assure that 

the study under this subsection specifically addresses the following: 

(A) CURRENT CONDITION.—The current condition and performance of the 

Interstate System, including physical condition of bridges and pavements 

and operational characteristics and performance, shall be examined, relying 

primarily on existing data sources. 

(B) FUTURE ASSESSMENT.—The future of the Interstate System, based on 

a range of legislative and policy approaches for 15-, 30-, and 50-year horizons. 

(4) SPECIFIC ISSUES AND DETAILS TO ADDRESS.—The following specific issues 

and details shall be addressed as a part of the study under this subsection: 

(A) DEMOGRAPHICS.—Expected demographics and business uses that impact transportation. 

27 

(B) USAGE.—Expected system use and effects of changing vehicle types, 

fleet size and weights, and traffic volumes. 

(C) NATURAL DISASTER.—Seismic and other vulnerabilities and their potential impacts. 

(D) DESIGN STANDARDS.—Desirable design policies and standards for future improvements, including safety improvement and additional access 

points. 

(E) SYSTEM WIDE NEEDS.—Identification of both urban and rural needs. 

(F) POTENTIAL SYSTEM EXPANSION, UPGRADES, OR OTHER CHANGES.—Deployment of advanced materials and intelligent technologies; critical multistate rural corridors needing capacity, safety, and operational enhancements; urban and multi-state corridor additions; bypasses of major cities 

that ensure efficient long-haul travel; improvements to inter-modal linkages; strategies to enhance asset preservation; and implementation strategies. 

(G) COMMUNITY VALUES.—Consideration of alternative approaches to 

maintaining or enhancing community values in those neighborhoods adjacent to the Interstate System. 

(H) ENVIRONMENTAL ISSUES.—Consideration of alternative approaches to 

addressing environmental concerns relative to recommended alternatives. 

(I) SYSTEM PERFORMANCE.—Evaluation and assessment of the current 

and future capabilities for conducting system-wide real-time performance 

data collection and analysis, traffic monitoring, system operations and management. 

(5) ALTERNATIVES.—A range of policy recommendations shall be developed as 

a part of the plan under this subsection to address identified future needs of 

the Interstate System. The alternatives shall include funding needs and potential approaches to provide those funds. 

(6) MEMBERSHIP.— 

(A) COMPOSITION.—The Commission shall be composed of nine members 

of whom— 

(i) three members shall be appointed by the Secretary; 

(ii) two members shall be appointed by the Speaker of the House of 

Representatives; 

(iii) one member shall be appointed by the minority leader of the 

House of Representatives; 

(iv) two members shall be appointed by the majority leader of the 

Senate; and 

(v) one member shall be appointed by the minority leader of the Senate. 

(B) QUALIFICATIONS.—Members appointed under subparagraph (A) shall 

be appointed from among individuals that have a concern for maintaining 

a strong role for the Interstate System in the future of the Nation and may 

include representatives from Federal, State, and local governments, other 

transportation authorities or agencies, and organizations representing surface transportation owners and operators. 

(C) TERMS.—Members shall be appointed for the life of the Commission. 

(D) VACANCIES.—A vacancy in the Commission shall be filled in the manner in which the original appointment was made. 

(E) TRAVEL EXPENSES.—Member shall serve without pay but shall receive 

travel expenses, including per diem in lieu of subsistence, in accordance 

with sections 5702 and 5703 of title 5, United States Code. 

(F) CHAIRMAN.—The Chairman of the Commission shall be elected by the 

members. 

(7) STAFF.— 

(A) IN GENERAL.—The Commission may engage the services of an appropriate organization, agency, or firm to conduct the study under this subsection, but the Commission shall provide strategic guidance for the study. 

(B) DETAIL STAFF.—Upon request of the Commission, the Secretary may 

detail, on a reimbursable basis, any of the personnel of the Department of 

Transportation to the Commission to assist the Commission in carrying out 

its duties under this subsection. 

(C) COOPERATION.—The Secretary shall cooperate with the Commission in 

the study, including providing the Commission with such nonconfidential 

data and information as necessary for conducting and completing the study. 

(8) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of the Commission, 

the Secretary shall provide to the Commission, on a reimbursable basis, the administrative support and services necessary for the Commission to carry out its 

responsibilities under this subsection. 

28 

(9) REPORT AND RECOMMENDATIONS.—Not later than September 30, 2006, the 

Commission shall transmit to Congress a final report on the results of the study 

conducted under this subsection, including recommendations to address the 

needs identified in the study. 

(10) TERMINATION.—The Commission shall terminate on the 180th day following the date of transmittal of the report under paragraph (9). By such 180th 

day, the Commission shall deliver all records and papers of the Commission to 

the Archivist of the United States for deposit in the National Archives. 

(11) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated from the Highway Trust Funds (other than the Mass Transit Account) 

to carry out this subsection $1,000,000 for each of fiscal years 2005 and 2006. 

(12) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds authorized to 

be appropriated by this section shall be available for obligation in the same 

manner as if such funds were apportioned under chapter 1 of title 23, United 

States Code; except that the Federal share of the cost of activities carried out 

under this subsection shall be 100 percent and such funds shall remain available until expended. 

SEC. 1123. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF 2004, 

PART V. 

[Reserved] 

SEC. 1124. ROADWAY SAFETY. 

(a) ROAD SAFETY.— 

(1) IN GENERAL.—The Secretary shall enter into an agreement to assist in the 

activities of a national nonprofit organization that is dedicated solely to improving public road safety— 

(A) by improving the quality of data pertaining to public road hazards 

and design features that affect or increase the severity of motor vehicle 

crashes; 

(B) by developing and carrying out a public awareness campaign to educate State and local transportation officials, public safety officials, and motorists regarding the extent to which public road hazards and design features are a factor in motor vehicle crashes; and 

(C) by promoting public road safety research and technology transfer activities. 

(2) FUNDING.—There is authorized to be appropriated from the Highway 

Trust Fund (other than the Mass Transit Account) $500,000 for each of fiscal 

years 2005 through 2009 to carry out this subsection. 

(3) APPLICABILITY OF TITLE 23.—Funds made available by this subsection shall 

be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds 

shall remain available until expended. 

(b) BICYCLE AND PEDESTRIAN SAFETY GRANTS.— 

(1) IN GENERAL.—The Secretary shall make grants to a national, not-for-profit 

organization engaged in promoting bicycle and pedestrian safety— 

(A) to operate a national bicycle and pedestrian clearinghouse; 

(B) to develop information and educational programs; and 

(C) to disseminate techniques and strategies for improving bicycle and pedestrian safety. 

(2) FUNDING.—There is authorized to be appropriated from the Highway 

Trust Fund (other than the Mass Transit Account) $500,000 for each of fiscal 

years 2004 through 2009 to carry out this subsection. 

(3) APPLICABILITY OF TITLE 23.—Funds made available by this subsection shall 

be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds 

shall remain available until expended. 

SEC. 1125. EQUITY REQUIREMENT. 

(a) GENERAL PROVISIONS.—The Secretary may not apportion before August 1, 

2006, any funds for any of the programs referred to in subsection (b) for fiscal year 

2006 unless, after the date of enactment of this Act, a law has been enacted that— 

(1) increases the guaranteed rate of return pursuant to section 105 of title 23, 

United States Code, to 92 percent in fiscal year 2006, 93 percent in fiscal year 

2007, 94 percent in fiscal year 2008, and 95 percent in fiscal year 2009; and 

(2) requires that each State receive apportionments for such programs for 

each of such fiscal years that in the aggregate are at least equal to the greater 

of— 

(A) the State’s minimum guaranteed rate of return required under paragraph (1); and 

29 

(B) the State’s prior fiscal year’s apportioned highway funds for programs 

referred in subsection (b) plus an amount equal to the State’s prior year apportioned funds for such programs multiplied by the percentage increase in 

the consumer price index during the 12-month period ending June 30 of the 

calendar year in which the fiscal year begins. 

(b) APPLICABILITY.—The withholding of apportioned funds under subsection (a) 

shall apply to the following programs: 

(1) The National Highway System program under section 103(b) of title 23, 

United States Code. 

(2) The high priority projects program under section 117 of such title. 

(3) The Interstate maintenance program under section 119 of such title. 

(4) The surface transportation program under section 133 of such title. 

(5) Metropolitan planning under chapter 52 of title 49, United States Code. 

(6) The highway bridge replacement and rehabilitation program under section 

144 of title 23, United States Code. 

(7) The congestion mitigation and air quality improvement program under 

section 149 of such title. 

(8) The recreational trails program under section 206 of such title. 

(9) The Appalachian development highway system under subtitle IV of title 

40, United States Code. 

(10) The freight intermodal connectors program under section 1303 of this 

Act. 

(11) The coordinated border infrastructure program under section 1302 of this 

Act. 

(12) The high risk rural road safety improvement program under section 1403 

of this Act. 

(13) The safe routes to schools program under section 1120 of this Act. 

(14) The minimum guarantee program under section 105 of title 23, United 

States Code. 

(c) CONSIDERATION OF COMMISSION FINDINGS.—In considering a law that increases the guaranteed rate of return referred to in subsection (a), Congress should 

consider the findings of the report on alternative short-term sources of Highway 

Trust Fund revenue to be published by the National Commission on Future Revenue Sources to Support the Highway Trust Fund pursuant to section 1121 of this 

Act. 

Subtitle B—Congestion Relief 

SEC. 1201. MOTOR VEHICLE CONGESTION RELIEF. 

(a) IN GENERAL.—Title 23, United States Code, is amended by inserting after section 138 the following: 

‘‘§ 139. Motor vehicle congestion relief 

‘‘(a) IN GENERAL.—Each State that has an urbanized area with an urbanized area 

population of over 200,000 individuals shall obligate in each of fiscal years 2005 

through 2009 a portion of the State’s apportionments under section 104(b) in such 

fiscal year, as calculated under subsection (b), for congestion relief activities in such 

urbanized areas in accordance with this section. 

‘‘(b) CALCULATION OF AMOUNT.—The portion of a State’s apportionments for a fiscal year to be obligated for congestion relief activities under subsection (a) shall be 

determined by multiplying— 

‘‘(1) the total of amounts apportioned to the State under each of paragraphs 

(1), (2), (3), and (4) of section 104(b) in such fiscal year; by 

‘‘(2) 10 percent; by 

‘‘(3) the percentage of the State’s population residing in urbanized areas of the 

State with an urbanized area population of over 200,000 individuals. 

‘‘(c) ALLOCATION BETWEEN UNDER ONE AND UNDER THREE CONGESTION RELIEF

ACTIVITIES.—Of the total amount of a State’s apportionments to be obligated for congestion relief activities for a fiscal year as calculated under subsection (b)— 

‘‘(1) 40 percent shall be obligated for under one congestion relief activities; 

‘‘(2) 35 percent shall be obligated for under three congestion relief activities; 

and 

‘‘(3) 25 percent shall be obligated at the discretion of the State department 

of transportation for 1 or more of the following: 

‘‘(A) Under one congestion relief activities. 

‘‘(B) Under three congestion relief activities. 

‘‘(C) Capital costs for transit projects that are eligible for assistance under 

chapter 53 of title 49. 

30 

‘‘(D) Demand relief projects and activities that shift demand to non-peak 

hours or to other modes of transportation or that reduce the overall level 

of demand for roads through such means as telecommuting, ridesharing, alternative work hour programs, and value pricing. 

‘‘(d) OBLIGATION OF AMOUNTS.— ‘‘(1) IN GENERAL.—In complying with the requirements of this section, the 

amounts obligated by a State for congestion relief activities under subsection (a) 

shall be allocated among the individual programs for which funds are apportioned under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4). 

‘‘(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this subsection 

shall be construed as requiring a State to obligate proportional or equal 

amounts under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4) for any congestion relief activity under this section. 

‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed as altering or otherwise affecting the applicability of the requirements of 

this chapter (including requirements relating to the eligibility of a project for assistance under the program, the location of the project, and the Federal-share payable 

on account of the project) to amounts apportioned to a State for a program under 

section 104(b) that are obligated by the State for congestion relief activities under 

subsection (a). 

‘‘(f) JOINT RESPONSIBILITY.—Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with this section. 

‘‘(g) TRANSFERS.— 

‘‘(1) IN GENERAL.—A State may transfer a portion of the amount that the 

State must obligate for under one congestion relief activities in a fiscal year 

under this section to the amount the State must obligate for under three congestion relief activities under this section if the State certifies to the Secretary 

that there are no under one congestion relief activities for which such portion 

can be obligated in such fiscal year and the Secretary does not disapprove such 

transfer within 30 days after the date of such certification. 

‘‘(2) LIMITATION.—The amount that a State may transfer in a fiscal year 

under this subsection may not reduce the amount the State must obligate for 

under one congestion relief activities to less than 10 percent of the total amount 

of the State’s apportionments to be obligated for congestion relief activities for 

such fiscal year as calculated under subsection (b). 

‘‘(3) TREATMENT.—Amounts transferred by a State under this subsection for 

a fiscal year shall be included in the amount of the State’s apportionments allocated for under three congestion relief activities for such fiscal year under subsection (c)(2). 

‘‘(h) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) CONGESTION RELIEF ACTIVITIES.— 

‘‘(A) IN GENERAL.—The term ‘congestion relief activity’ means any activity, project, or program that has as its primary purpose, as determined by 

the State transportation department, the relief of motor vehicle congestion. 

‘‘(B) INCLUSIONS.—Such term includes the following: 

‘‘(i) Relief of motor vehicle congestion through additional capacity, 

construction of additional lanes, improvements to interchanges, improved access to major terminals, construction of parallel roads, construction of truck only lanes, and major arterial improvements. 

‘‘(ii) Transportation systemwide operational improvements targeted 

at increasing motor vehicle travel reliability through such means as incident management programs, traffic monitoring and surveillance, and 

traveler information initiatives. 

‘‘(iii) Maximizing efficient use of existing motor vehicle travel capacity through such means as reversible lanes, coordinated traffic signalization, and managed lanes or other lane management strategies. 

‘‘(C) EXCLUSIONS.—Such term does not include demand relief projects and 

activities that shift demand to non-peak hours or to other modes of transportation or that reduce the overall level of demand for roads through such 

means as telecommuting, ridesharing, alternative work hour programs, and 

value pricing. 

‘‘(2) UNDER ONE CONGESTION RELIEF ACTIVITIES.—The term ‘under one congestion relief activity’ means a congestion relief activity that— 

‘‘(A) will be completed within one year after the date of commencement 

of onsite improvements; 

‘‘(B) has a total projected cost of less than $1,000,000; and 

‘‘(C) will improve conditions in the applicable urbanized area or is an element of the congestion management system of the applicable metropolitan 

planning organization. 

31 

‘‘(3) UNDER THREE CONGESTION RELIEF ACTIVITIES.—The term ‘under three 

congestion relief activities’ means congestion relief activities that— 

‘‘(A) will be completed within 3 years after the date of commencement of 

onsite improvements; and 

‘‘(B) will improve conditions in the applicable urbanized area or is an element of the congestion management system of the applicable metropolitan 

planning organization.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter I of such title is amended 

by inserting after the item relating to section 138 the following: 

‘‘139. Motor vehicle congestion relief.’’. 

(c) MOTOR VEHICLE DEFINED.—Title 23, United States Code, is amended— 

(1) in section 154(a)(2), relating to the definition of motor vehicle, by inserting 

‘‘streets, roads, and’’ before ‘‘highways’’; 

(2) by redesignating paragraph (2) of section 154(a) as paragraph (38); 

(3) by moving such redesignated paragraph from section 154(a) to the end of 

section 101(a); 

(4) by redesignating paragraphs (3) and (4) of section 154(a) as paragraphs 

(2) and (3), respectively; 

(5) in section 153(i)— 

(A) by striking paragraph (2); and 

(B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; 

(6) in section 164(a)(4) by striking ‘‘means’’ and all that follows through ‘‘rail 

line or’’ and inserting ‘‘does not include’’; and 

(7) in section 405(f)— 

(A) by striking paragraph (2); and 

(B) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), 

(3), (4), and (5). 

SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS. 

(a) DEFINITIONS.— 

(1) OPERATING COSTS FOR TRAFFIC MONITORING, MANAGEMENT, AND CONTROL.—Section 101(a)(17) of title 23, United States Code, is amended by inserting ‘‘transportation systems management and operations and’’ after ‘‘associated 

with’’. 

(2) OPERATIONAL IMPROVEMENT.—Section 101(a)(18)(A)(i) of such title is 

amended— 

(A) by inserting ‘‘transportation systems management and operations, including’’ after ‘‘for’’; and 

(B) by inserting ‘‘equipment and programs for transportation response to 

natural disasters,’’ after ‘‘incident management programs,’’. 

(3) TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.—Section 101(a) 

of such title is further amended by adding at the end the following: 

‘‘(39) TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.— 

‘‘(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 the security, safety, and reliability of Federalaid highways. 

‘‘(B) INCLUDED ACTIVITIES AND IMPROVEMENTS.—The term includes regional operations collaboration and coordination activities between transportation and public safety agencies and improvements such as traffic detection and surveillance, arterial management, freeway management, demand management, work zone management, emergency management, electronic toll collection, automated enforcement, traffic operations measures to 

improve capacity, traffic signal coordination, optimization of traffic signal 

timing, traffic incident management, communications equipment related to 

traffic incident management (including integrated, interoperable, emergency communications equipment), roadway weather management, traveler 

information services, commercial vehicle operations, traffic control, freight 

management, and coordination of highway, rail, transit, bicycle, and pedestrian operations.’’. 

(b) SURFACE TRANSPORTATION PROGRAM ELIGIBILITY.—Section 133(b) of such title 

is amended— 

(1) by redesignating paragraphs (13) and (14) as paragraphs (12) and (13), respectively; and 

(2) by adding at the end the following: 

32 

‘‘(14) Regional transportation operations collaboration and coordination activities that are associated with regional improvements, including activities for 

traffic incident management, technology deployment, emergency management 

and response, traveler information, and regional congestion relief.’’. 

(c) NATIONAL HIGHWAY SYSTEM ELIGIBILITY.—Section 103(b)(6) of such title is 

amended by adding at the end the following: 

‘‘(Q) Capital, operating, and systems maintenance costs for transportation 

systems management and operations.’’. 

(d) TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.—Subchapter I of 

chapter 1 of such title is further amended by adding at the end the following: 

‘‘§ 166. Transportation systems management and operations 

‘‘(a) AUTHORITY.—The Secretary may— 

‘‘(1) encourage transportation system managers, operators, public safety officials, and transportation planners within an urbanized area, who are actively 

engaged in and responsible for conducting activities relating to day-to-day management, operations, public safety, and planning of transportation facilities and 

services, to collaborate and coordinate on a regional level in a continuous and 

sustained manner for improved transportation systems management and operations, including, at a minimum— 

‘‘(A) developing a regional concept of operations that defines a regional 

strategy shared by all transportation and public safety participants for how 

the region’s systems should be managed, operated, and measured; 

‘‘(B) sharing of information among operators, service providers, public 

safety officials, and the general public; and 

‘‘(C) guiding, in a regionally-coordinated manner, the implementation of 

regional transportation system management and operations initiatives, including emergency evacuation and response, traffic incident management, 

technology deployment, and traveler information systems delivery, in a 

manner consistent with and integrated into the ongoing metropolitan and 

statewide transportation planning processes and regional intelligent transportation system architecture, if required; and 

‘‘(2) encourage States to establish a system of basic real-time monitoring capability for the surface transportation system and provide the capability and 

means to share that data among agencies (including highway, transit, and public safety agencies), jurisdictions (including States, cities, counties, and areas 

represented by metropolitan planning organizations), private-sector entities, 

and the traveling public. 

‘‘(b) EXECUTION.—To support the successful execution of transportation systems 

management and operations activities, the Secretary may undertake the following 

activities: 

‘‘(1) Assist and cooperate with other Federal departments and agencies, State 

and local governments, metropolitan planning organizations, private industry 

representatives, and other interested parties to improve regional collaboration 

and real-time information sharing between transportation system managers and 

operators, public safety officials, emergency managers, and the general public 

to increase the security, safety, and reliability of Federal-aid highways. 

‘‘(2) Issue, if necessary, new guidance or regulations for the procurement of 

transportation system management and operations facilities, equipment, and 

services, including equipment procured in preparation for natural disasters and 

emergencies, system hardware, software, and software integration services.’’. 

(e) CONFORMING AMENDMENT.—The analysis for such chapter is further amended 

by adding at the end the following: 

‘‘166. Transportation systems management and operations.’’. 

(f) INTELLIGENT TRANSPORTATION SYSTEM PROCUREMENT POLICY.— (1) STUDY.—The Secretary shall— 

(A) conduct a study of the current policies and practices for the procurement of intelligent transportation system facilities, equipment, and services; and 

(B) develop a conceptual plan with alternative approaches for expediting 

and streamlining such procurements at the State level. 

(2) RECOMMENDATIONS.—Based on the results of the study, the Secretary 

shall make recommendations in the report under paragraph (4) regarding procurement standards, including recommendations regarding any changes in Federal and State statutes, regulations, and policies necessary to ensure that national interests are served in meeting future intelligent transportation system 

needs. 

(3) SPECIFIC MATTERS TO BE ADDRESSED.—The study under this subsection 

shall specifically address the following: 

33 

(A) CURRENT CONDITION.—The current practices and policies relating to 

procurement of intelligent transportation system facilities, equipment, and 

services, including equipment procured in preparation for natural disasters 

and emergencies, system hardware, software, and software integration services. 

(B) ASSESSMENT OF NEED FOR POLICY REFORM.—The ability of current 

practices and policies to achieve the successful implementation of intelligent 

transportation system goals and the need for national policy reform to expedite and streamline procurements necessary to meet such goals. 

(C) ALTERNATIVES.—The range of legislative, regulatory, and policy alternatives to address identified needs and goals, including funding needs. 

(D) RECOMMENDATIONS.—Recommendations regarding procurement 

standards, including recommendations regarding any changes in Federal 

and State statutes, regulations, and policies necessary for expedited and 

streamlined procurements. 

(4) REPORT AND RECOMMENDATIONS.—Not later than March 31, 2006, the Secretary shall transmit to the appropriate committees of Congress a final report 

regarding the results of the study conducted under this subsection and recommendations to address the needs identified in such study. 

(5) INITIATION OF RULEMAKING PROCEEDING.—To the extent any recommendation made by the Secretary under this subsection may be implemented by regulation, the Secretary shall initiate a rulemaking proceeding to address such recommendation not later than the 90th day following the date of submission of 

the report under paragraph (4). 

(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) 

$1,000,000 in fiscal year 2005 to carry out this subsection. 

(7) APPLICABILITY OF TITLE 23.—Funds made available to carry out this subsection shall be available for obligation in the same manner as if such funds 

were apportioned under chapter 1 of title 23, United States Code; except that 

the Federal share of the cost of the study under this subsection shall be 100 

percent and such funds shall remain available until expended. 

SEC. 1203. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—The Secretary shall establish a real-time system management information program to provide, in all States, the capability to monitor, 

in real-time, the traffic and travel conditions of the Nation’s major highways 

and to share that information to improve the security of the surface transportation system, to address congestion problems, to support improved response to 

weather events and surface transportation incidents, and to facilitate national 

and regional highway traveler information. 

(2) PURPOSES.—The purposes of the real-time system management information program are to— 

(A) establish, in all States, a system of basic real-time information for 

managing and operating the surface transportation system; 

(B) identify longer range real-time highway and transit monitoring needs 

and develop plans and strategies for meeting such needs; and 

(C) provide the capability and means to share that data with State and 

local governments and the traveling public. 

(b) NATIONAL STEERING COMMITTEE.— 

(1) IN GENERAL.—The Secretary shall establish a national steering committee 

to assist in the development of data exchange formats under subsection (c). 

(2) REPRESENTATIVES.—The national steering committee shall consist of representatives of State transportation departments, metropolitan planning organizations, local governments, nonprofit entities, the private sector, and academia. 

(3) PURPOSE.—The purpose of the national steering committee shall be to provide guidance regarding the content and uniformity of data exchange formats. 

(c) DATA EXCHANGE FORMATS.—Not later than 2 years after the date of enactment 

of this Act, the Secretary shall establish data exchange formats based on recommendations of the steering committee established under subsection (b) to ensure 

that the data provided by highway and transit monitoring systems, including statewide incident reporting systems, can readily be exchanged across jurisdictional 

boundaries, facilitating nationwide availability of information. 

(d) REGIONAL INTELLIGENT TRANSPORTATION SYSTEM ARCHITECTURE.— 

(1) ADDRESSING INFORMATION NEEDS.—As State and local governments develop or update regional intelligent transportation system architectures, described in section 940.9 of title 23, Code of Federal Regulations, such governments shall explicitly address real-time highway and transit information needs 

34 

and the systems needed to meet such needs, including addressing coverage, 

monitoring systems, data fusion and archiving, and methods of exchanging or 

sharing highway and transit information. 

(2) DATA EXCHANGE.—States shall incorporate the data exchange formats established by the Secretary under subsection (c) to ensure that the data provided 

by highway and transit monitoring systems may readily be exchanged with 

State and local governments and may be made available to the traveling public. 

(e) ELIGIBILITY.—Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under sections 104(b)(1), 104(b)(2), and 104(b)(3) 

of title 23, United States Code, for activities related to the planning and deployment 

of real-time monitoring elements that advance the goals and purposes described in 

subsection (a). 

(f) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed as altering or otherwise affecting the applicability of the requirements of 

chapter 1 of title 23, United States Code (including requirements relating to the eligibility of a project for assistance under the program, the location of the project, and 

the Federal-share payable on account of the project), to amounts apportioned to a 

State for a program under section 104(b) that are obligated by the State for activities and projects under this section. 

(g) STATEWIDE INCIDENT REPORTING SYSTEM DEFINED.—In this section, the term 

‘‘statewide incident reporting system’’ means a statewide system for facilitating the 

real-time electronic reporting of surface transportation incidents to a central location for use in monitoring the event, providing accurate traveler information, and 

responding to the incident as appropriate. 

SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT 

PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish a comprehensive program to 

accelerate the integration, interoperability, and deployment of intelligent transportation systems in order to improve the performance of the surface transportation 

system in metropolitan and rural areas. 

(b) SELECTION OF MODEL PROJECTS.—Under the program, the Secretary may 

make grants, through competitive solicitation, for projects that will serve as models 

to improve transportation efficiency, promote surface transportation 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, and promote tourism. 

(c) OTHER PROJECTS, PROGRAMS, AND ACTIVITIES.—Under the program, the Secretary may make grants for projects, programs, and activities in metropolitan and 

rural areas that— 

(1) contribute to national deployment goals and objectives outlined in the national intelligent transportation system program plan; 

(2) promote 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 of intelligent transportation systems; 

(3) encourage private sector involvement and financial commitment to such 

deployment to the maximum extent practicable through innovative financial arrangements, especially public-private partnerships, including arrangements that 

generate revenue to offset public investment costs; 

(4) enhance fully integrated intelligent transportation system deployment; 

(5) create technical capacity for effective operations and maintenance of such 

systems; 

(6) improve safety, mobility, geographic and regional diversity, and economic 

development in deployment of such systems; 

(7) advance deployment of the 511 traveler information program; and 

(8) advance deployment of other national systems, including a statewide incident reporting system, wireless e-911 system, and road weather information 

system. 

(d) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds authorized to be appropriated under section 1101(a)(16) of this Act shall be available for obligation to 

carry out subsection (c)(7) in the same manner and to the same extent as if such 

funds were apportioned under chapter 1 of title 23, United States Code; except that 

the Federal share of the cost of projects carried out under subsection (c)(7) shall be 

80 percent and such funds shall remain available until expended. 

35 

SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT. 

(a) PURPOSE.—The purpose of this section is to ensure that a minimum of 

$2,500,000,000 of the amounts authorized to be appropriated for the National Highway System, Interstate maintenance, surface transportation, and congestion mitigation and air quality improvement programs for fiscal years 2005 through 2009 is 

utilized to expand deployment of intelligent transportation systems. 

(b) IN GENERAL.—Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following: 

‘‘§ 150. Deployment of intelligent transportation systems 

‘‘(a) IN GENERAL.—In each of fiscal years 2005 through 2009, each State shall obligate a portion of the funds apportioned to the State under sections 104(b)(1), 

104(b)(2), 104(b)(3), and 104(b)(4) for such fiscal year, calculated under subsection 

(b), for projects described in subsection (c) that support deployment of intelligent 

transportation systems in the State. 

‘‘(b) CALCULATION OF AMOUNT.—The portion of a State’s apportionments to be obligated under subsection (a) for projects described in subsection (c) in a fiscal year 

shall be determined by multiplying $500,000,000 by the ratio that— 

‘‘(1) the aggregate of amounts apportioned to the State for such fiscal year 

under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4); bears to 

‘‘(2) the aggregate of amounts apportioned to all States for such fiscal year 

under such sections. 

‘‘(c) INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROJECTS.—Projects for 

which funds must be obligated under this section include the following: 

‘‘(1) PERFORMANCE.—Establishment and implementation of operations systems and services that improve performance in the areas of traffic operations, 

emergency response to surface transportation incidents, surface transportation 

incident management, weather event response management by State and local 

authorities, surface transportation network and facility management, construction and work zone management, and traffic flow information. 

‘‘(2) NETWORKS.—Conducting activities that support the creation of networks 

that link metropolitan and rural surface transportation systems into an integrated data network, capable of collecting, sharing, and archiving transportation system traffic condition and performance information. 

‘‘(3) SAFETY.—Implementation of intelligent transportation system technologies that improve highway safety through linkages connecting the vehicle, 

the infrastructure, and information to the driver. 

‘‘(4) OPERATION AND MANAGEMENT.—Provision of services necessary to ensure 

the efficient operation and management of intelligent transportation systems infrastructure, including costs associated with communications, utilities, rent, 

hardware, software, labor, administrative costs, training, and technical services. 

‘‘(5) INTERAGENCY SUPPORT.—Provision of support for institutional relationships between transportation agencies, police, emergency medical services, private emergency operators, freight operators, and shippers. 

‘‘(6) PLANNING.—Conducting cross-jurisdictional planning and deployment of 

regional transportation systems operations and management approaches. 

‘‘(d) OBLIGATION OF AMOUNTS.— 

‘‘(1) IN GENERAL.—In complying with the requirements of this section, the 

amounts obligated by a State for projects under subsection (c) that support deployment of intelligent transportation systems in such State under subsection 

(a) shall be allocated among the individual programs for which funds are apportioned under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4). 

‘‘(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this subsection 

shall be construed as requiring a State to obligate proportional or equal 

amounts under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4) for any congestion relief activity under this section. 

‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed as altering or otherwise affecting the applicability of the requirements of 

this chapter (including requirements relating to the eligibility of a project for assistance under the program, the location of the project, and the Federal-share payable 

on account of the project) to amounts apportioned to a State for a program under 

section 104(b) that are obligated by the State for projects under this section. 

‘‘(f) JOINT RESPONSIBILITY.—Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with this section.’’. 

(c) CONFORMING AMENDMENT.—The analysis for such chapter is amended by inserting after the item relating to section 149 the following: 

‘‘150. Deployment of intelligent transportation systems.’’. 

36 

SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT SUPPORT DEPLOYMENT OF INTELLIGENT TRANSPORTATION SYSTEMS. 

(a) CATEGORICAL EXCLUSIONS.—Not later than one year after the date of enactment of this Act, the Secretary shall initiate a rulemaking process to establish, to 

the extent appropriate, categorical exclusions for activities that support the deployment of intelligent transportation infrastructure and systems from the requirement 

that an environmental assessment or an environmental impact statement be prepared under section 102 of the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) (42 U.S.C. 4332) in compliance with the standards for categorical exclusions established by that Act. 

(b) NATIONWIDE PROGRAMMATIC AGREEMENT.— (1) DEVELOPMENT.—The Secretary shall develop a nationwide programmatic 

agreement governing the review of activities that support the deployment of intelligent transportation infrastructure and systems in accordance with section 

106 of the National Historic Preservation Act (16 U.S.C. 470f) and the regulations of the Advisory Council on Historic Preservation. 

(2) CONSULTATION.—The Secretary shall develop the agreement under paragraph (1) 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 (26 U.S.C. 470i et seq.) 

and after soliciting the views of other interested parties. 

(c) INTELLIGENT TRANSPORTATION INFRASTRUCTURE AND SYSTEMS DEFINED.—In 

this section, the term ‘‘intelligent transportation infrastructure and systems’’ means 

intelligent transportation infrastructure and intelligent transportation systems, as 

such terms are defined in section 5607. 

SEC. 1207. STATE ASSUMPTION OF RESPONSIBILITIES FOR CERTAIN PROGRAMS AND 

PROJECTS. 

(a) IN GENERAL.—Subchapter I of chapter 1 of title 23, United States Code, is 

amended by adding at the end the following: 

‘‘§ 167. State assumption of responsibilities for certain programs and 

projects 

‘‘(a) ASSUMPTION OF SECRETARY’S RESPONSIBILITIES UNDER APPLICABLE FEDERAL

LAWS.— 

‘‘(1) PILOT PROGRAM.— 

‘‘(A) ESTABLISHMENT.—The Secretary may establish a pilot program 

under which States may assume the responsibilities of the Secretary under 

any Federal laws subject to the requirements of this section. 

‘‘(B) FIRST 3 FISCAL YEARS.—In the first 3 fiscal years following the date 

of enactment of this section, the Secretary may allow up to 5 States to participate in the pilot program. 

‘‘(2) SCOPE OF PROGRAM.—Under the pilot program, the Secretary may assign, 

and a State may assume, any of the Secretary’s responsibilities (other than responsibilities relating to federally recognized Indian tribes) for environmental 

reviews, consultation, or decisionmaking or other actions required under any 

Federal law as such requirements apply to the following projects: 

‘‘(A) Projects funded under section 104(h). 

‘‘(B) Transportation enhancement activities under section 133, as such 

term is defined in section 101(a)(35). 

‘‘(C) Projects as defined in section 101(a)(39) and section 5607 of the 

Transportation Equity Act: A Legacy for Users. 

‘‘(b) AGREEMENTS.— 

‘‘(1) IN GENERAL.—The Secretary shall enter into a memorandum of understanding with a State participating in the pilot program setting forth the responsibilities to be assigned under subsection (a)(2) and the terms and conditions under which the assignment is being made. 

‘‘(2) CERTIFICATION.—Before the Secretary enters into a memorandum of understanding with a State under paragraph (1), the State shall certify that the 

State has in effect laws (including regulations) applicable to projects carried out 

and funded under this title and chapter 53 of title 49 that authorize the State 

to carry out the responsibilities being assumed. 

‘‘(3) MAXIMUM DURATION.—A memorandum of understanding with a State 

under this section shall be established for an initial period of no more than 3 

years and may be renewed by mutual agreement on a periodic basis for periods 

of not more than 3 years. 

‘‘(4) COMPLIANCE.— 

‘‘(A) IN GENERAL.—After entering into a memorandum of understanding 

under paragraph (1), the Secretary shall review and determine compliance 

by the State with the memorandum of understanding. 

37 

‘‘(B) RENEWALS.—The Secretary shall take into account the performance 

of a State under the pilot program when considering renewal of a memorandum of understanding with the State under the program. 

‘‘(c) SELECTION OF STATES FOR PILOT PROGRAM.— 

‘‘(1) APPLICATION.—To be eligible to participate in the pilot program, a State 

shall submit to the Secretary an application that contains such information as 

the Secretary may require. At a minimum, an application shall include— 

‘‘(A) a description of the projects or classes of projects for which the State 

seeks to assume responsibilities under subsection (a)(2); and 

‘‘(B) a certification that the State has the capability to assume such responsibilities. 

‘‘(2) PUBLIC NOTICE.—Before entering into a memorandum of understanding 

allowing a State to participate in the pilot program, the Secretary shall— 

‘‘(A) publish notice in the Federal Register of the Secretary’s intent to 

allow the State to participate in the program, including a copy of the State’s 

application to the Secretary and the terms of the proposed agreement with 

the State; and 

‘‘(B) provide an opportunity for public comment. 

‘‘(3) SELECTION CRITERIA.—The Secretary may approve the application of a 

State to assume responsibilities under the program only if— 

‘‘(A) the requirements under paragraph (2) have been met; and 

‘‘(B) the Secretary determines that the State has the capability to assume 

the responsibilities. 

‘‘(4) OTHER FEDERAL AGENCY VIEWS.—Before assigning to a State a responsibility of the Secretary that requires the Secretary to consult with another Federal agency, the Secretary shall solicit the views of the Federal agency. 

‘‘(d) STATE DEFINED.—With respect to the recreational trails program, the term 

‘State’ means the State agency designated by the Governor of the State in accordance with section 206(c)(1). 

‘‘(e) PRESERVATION OF PUBLIC INTEREST CONSIDERATION.—Nothing in this section 

shall be construed to limit the requirements under any applicable law providing for 

the consideration and preservation of the public interest, including public participation and community values in transportation decisionmaking.’’. 

(b) CONFORMING AMENDMENT.—The analysis for subchapter I of chapter 1 of such 

title is amended by adding at the end the following: 

‘‘167. State assumption of responsibilities for certain programs and projects.’’. 

SEC. 1208. HOV FACILITIES. 

(a) IN GENERAL.—Subchapter I of chapter 1 of title 23, United States Code, is 

amended by adding at the end the following: 

‘‘§ 168. HOV facilities 

‘‘(a) IN GENERAL.— 

‘‘(1) AUTHORITY OF STATE AGENCIES.—A State agency that has jurisdiction 

over the operation of a HOV facility shall establish the occupancy requirements 

of vehicles operating on the facility. 

‘‘(2) OCCUPANCY REQUIREMENT.—Except as otherwise provided by this section, 

no fewer than 2 occupants per vehicle may be required for use of a HOV facility. 

‘‘(b) EXCEPTIONS.—Notwithstanding the occupancy requirements of subsection 

(a)(2), the following exceptions shall apply with respect to a State agency operating 

a HOV facility: 

‘‘(1) MOTORCYCLES AND BICYCLES.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the State agency shall 

allow motorcycles and bicycles to use the HOV facility. 

‘‘(B) SAFETY EXCEPTION.—A State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts 

the certification. The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in 

the Federal Register and provides an opportunity for public comment. 

‘‘(2) PUBLIC TRANSPORTATION VEHICLES.—The State agency may allow public 

transportation vehicles to use the HOV facility if the agency— 

‘‘(A) establishes requirements for clearly identifying the vehicles; and 

‘‘(B) establishes procedures for enforcing the restrictions on the use of the 

facility by such vehicles. 

‘‘(3) HIGH OCCUPANCY TOLL VEHICLES.—The State agency may allow vehicles 

not otherwise exempt pursuant to this subsection to use the HOV facility if the 

operators of such vehicles pay a toll charged by the agency for use of the facility 

and the agency— 

38 

‘‘(A) establishes a program that addresses how motorists can enroll and 

participate in the toll program; 

‘‘(B) develops, manages, and maintains a system that will automatically 

collect the toll; and 

‘‘(C) establishes policies and procedures to— 

‘‘(i) manage the demand to use the facility by varying the toll amount 

that is charged; 

‘‘(ii) enforce violations of use of the facility; and 

‘‘(iii) permit low-income individuals to pay reduced tolls. 

‘‘(4) LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.— ‘‘(A) INHERENTLY LOW-EMISSION VEHICLE.—Before September 30, 2009, 

the State agency may allow vehicles that are certified as inherently lowemission vehicles pursuant to section 88.311–93 of title 40, Code of Federal 

Regulations, and are labeled in accordance with section 88.312–93 of such 

title, to use the HOV facility if the agency establishes procedures for enforcing the restrictions on the use of the facility by such vehicles. 

‘‘(B) OTHER LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.—Before September 30, 2009, the State agency may allow vehicles certified as low emission and energy-efficient vehicles under subsection (e), and labeled in accordance with subsection (e), to use the HOV facility if the operators of such 

vehicles pay a toll charged by the agency for use of the facility and the 

agency— 

‘‘(i) establishes a program that addresses the selection of vehicles 

under this paragraph; and 

‘‘(ii) establishes procedures for enforcing the restrictions on the use 

of the facility by such vehicles. 

‘‘(C) AMOUNT OF TOLLS.—Under subparagraph (B), a State agency may 

charge no toll or a toll that is less than tolls charged under paragraph (3). 

‘‘(c) REQUIREMENTS APPLICABLE TO TOLLS.— 

‘‘(1) IN GENERAL.—Tolls may be charged under subsections (b)(3) and (b)(4) 

notwithstanding section 301 and, except as provided in paragraphs (2) and (3), 

subject to the requirements of section 129. 

‘‘(2) HOV FACILITIES ON THE INTERSTATE SYSTEM.—Notwithstanding section 

129, tolls may be charged under subsections (b)(3) and (b)(4) on a HOV facility 

on the Interstate System. 

‘‘(3) EXCESS TOLL REVENUES.—If a State agency makes a certification under 

the last sentence of section 129(a)(3) with respect to toll revenues collected 

under subsections (b)(3) and (b)(4), the State, in the use of tolls revenues under 

that sentence, shall give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway 

safety. 

‘‘(d) HOV FACILITY MANAGEMENT, OPERATION, MONITORING, AND ENFORCEMENT.— 

‘‘(1) IN GENERAL.—A State agency that allows vehicles to use a HOV facility 

under subsection (b)(3) or (b)(4) in a fiscal year shall certify to the Secretary 

that the agency will carry out the following responsibilities with respect to the 

facility in the fiscal year: 

‘‘(A) Establishing, managing, and supporting a performance monitoring, 

evaluation, and reporting program for the facility that provides for continuous monitoring, assessment, and reporting on the impacts that such vehicles may have on the operation of the facility and adjacent highways. 

‘‘(B) Establishing, managing, and supporting an enforcement program 

that ensures that the facility is being operated in accordance with the requirements of this section. 

‘‘(C) Limiting or discontinuing the use of the facility by such vehicles if 

the presence of such vehicles has degraded the operation of the facility. 

‘‘(2) DEGRADED FACILITY.— 

‘‘(A) IN GENERAL.—For purposes of paragraph (1), the operation of a HOV 

facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent 

of the time over a consecutive 6-month period during morning or evening 

weekday peak hour periods (or both). 

‘‘(B) MINIMUM AVERAGE OPERATING SPEED DEFINED.—In subparagraph 

(A), the term ‘minimum average operating speed’ means— 

‘‘(i) 45 miles per hour, in the case of a HOV facility with a speed limit 

of 50 miles per hour or greater; and 

‘‘(ii) not more than 10 miles per hour below the speed limit, in the 

case of a HOV facility with a speed limit of less than 50 miles per hour. 

‘‘(e) CERTIFICATION OF LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.—Not 

later than 6 months after the date of enactment of this section, the Administrator 

39 

of the Environmental Protection Agency shall issue a final rule establishing requirements for certification of vehicles as low emission and energy-efficient vehicles for 

purposes of this section and requirements for the labeling of such vehicles. 

‘‘(f) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) ALTERNATIVE FUEL VEHICLE.—The term ‘alternative fuel vehicle’ means a 

vehicle that operates on— 

‘‘(A) methanol, denatured ethanol, or other alcohols; 

‘‘(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; 

‘‘(C) natural gas; 

‘‘(D) liquefied petroleum gas; 

‘‘(E) hydrogen; 

‘‘(F) coal derived liquid fuels; 

‘‘(G) fuels (except alcohol) derived from biological materials; 

‘‘(H) electricity (including electricity from solar energy); or 

‘‘(I) any other fuel that the Secretary prescribes by regulation that is not 

substantially petroleum and that would yield substantial energy security 

and environmental benefits. 

‘‘(2) HOV FACILITY.—The term ‘HOV facility’ means a high occupancy vehicle 

facility. 

‘‘(3) LOW EMISSION AND ENERGY EFFICIENT VEHICLE.—The term ‘low emission 

and energy-efficient vehicle’ means a vehicle that— 

‘‘(A) has been certified by the Administrator of the Environmental Protection Agency as meeting the Tier II emission level established in regulations 

prescribed by the Administrator under section 202(i) of the Clean Air Act 

(42 U.S.C. 7521(i)) for that make and model year vehicle; and 

‘‘(B)(i) has been certified by the Administrator to have a 45-mile-per-gallon or greater fuel economy highway rating; or 

‘‘(ii) is an alternative fuel vehicle. 

‘‘(4) PUBLIC TRANSPORTATION VEHICLE.—The term ‘public transportation vehicle’ means a vehicle that provides public transportation (as defined in section 

5302(a) of title 49). 

‘‘(5) STATE AGENCY.—The term ‘State agency’, as used with respect to a HOV 

facility, means an agency of a State or local government having jurisdiction over 

the operation of the facility and includes a State transportation department.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) PROGRAM EFFICIENCIES.—Section 102 of title 23, United States Code, is 

amended by striking subsection (a) and redesignating subsections (b) and (c) as 

subsections (a) and (b), respectively. 

(2) CHAPTER ANALYSIS.—The analysis for subchapter I of chapter 1 of such 

title is amended by adding at the end the following: 

‘‘168. HOV facilities.’’. 

(c) TECHNICAL AMENDMENT.—Section 102(c) of title 23, United States Code, is 

amended by striking ‘‘10 years’’ and all that follows through ‘‘after’’ and inserting 

‘‘10 years (or such longer period as the State requests and the Secretary determines 

to be reasonable) after’’. 

SEC. 1209. CONGESTION PRICING PILOT PROGRAM. 

(a) ESTABLISHMENT.—Section 1012(b)(1) of the Intermodal Surface Transportation 

Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amended to read as 

follows: 

‘‘(1) ESTABLISHMENT.— 

‘‘(A) IN GENERAL.—The Secretary may enter into cooperative agreements 

with State and local governments to carry out not more than 25 congestion 

pricing pilot projects. 

‘‘(B) PREVIOUSLY APPROVED PROJECTS.—Projects carried out under paragraph (1) shall include each project approved under this subsection before 

the date of enactment of the Transportation Equity Act: A Legacy for Users 

and under which highway tolls are being collected as of such date of enactment.’’. 

(b) LOW-INCOME DRIVERS.—Section 1012(b)(7) of such Act is amended to read as 

follows: 

‘‘(7) REDUCED TOLLS FOR LOW-INCOME DRIVERS.—Any congestion pricing pilot 

project carried out under this subsection that involves the collection of highway 

tolls shall include a program to permit low-income drivers to pay a reduced toll 

amount.’’. 

(c) SET-ASIDE FOR PROJECTS NOT INVOLVING HIGHWAY TOLLS.—At the end of section 1012(b)(8) of such Act add the following: 

40 

‘‘(D) SET-ASIDE FOR PROJECTS NOT INVOLVING HIGHWAY TOLLS.—Of the 

amounts made available to carry out this subsection, $3,000,000 per fiscal 

year shall be available only for congestion pricing pilot projects that do not 

involve highway tolls.’’. 

(d) CONFORMING AMENDMENTS.—Section 1012(b) of such Act is amended— 

(1) in the subsection heading by striking ‘‘VALUE PRICING’’ and inserting 

‘‘CONGESTION PRICING’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘(2) Notwithstanding’’ and inserting the following: 

‘‘(2) FEDERAL SHARE; ELIGIBLE COSTS.—Notwithstanding’’; 

(B) in the first sentence by striking ‘‘programs’’ and inserting ‘‘projects’’; 

and 

(C) in the second sentence by striking ‘‘program’’ and inserting ‘‘project’’; 

(3) in paragraph (3) by striking ‘‘(3) Revenues’’ and inserting the following: 

‘‘(3) USE OF REVENUES.—Revenues’’; 

(4) in paragraph (4)— 

(A) by striking ‘‘(4) Notwithstanding’’ and inserting the following: 

‘‘(4) USE OF TOLLS ON INTERSTATE SYSTEM.—Notwithstanding’’; 

(B) by striking ‘‘value pricing pilot program’’ and inserting ‘‘congestion 

pricing pilot project’’; 

(5) in paragraph (5)— 

(A) by striking ‘‘(5) The Secretary’’ and inserting the following: 

‘‘(5) MONITORING.—The Secretary’’; and 

(B) by striking ‘‘programs’’ the first and second place it appears and inserting ‘‘projects’’; and 

(6) in paragraph (6) by striking ‘‘value pricing pilot program’’ and inserting 

‘‘congestion pricing pilot project’’. 

SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM ELIGIBILITY. 

Section 149(b)(5) of title 23, United States Code, is amended by inserting ‘‘improve 

transportation systems management and operations,’’ after ‘‘intersections,’’. 

SEC. 1211. SPECIAL RULES FOR STATE ASSUMPTION OF RESPONSIBILITIES. 

(a) LIMITATIONS.—Section 167(a) of title 23, United States Code, as added by section 1207(a) of this Act, is amended by adding at the end the following: 

‘‘(3) LIMITATIONS.— 

‘‘(A) PROCEDURAL AND SUBSTANTIVE REQUIREMENTS.—A State that assumes the responsibilities of the Secretary under this section shall be subject to the same procedural and substantive requirements as would apply 

if the responsibilities were carried out by the Secretary. When a State assumes responsibilities for carrying out a Federal law under this section, the 

State assents to Federal jurisdiction and shall be solely responsible and 

solely liable for complying with and carrying out that law instead of the 

Secretary. 

‘‘(B) ASSUMPTION OF RESPONSIBILITIES.—Any responsibility of the Secretary not assumed by the State in a memorandum of understanding shall 

remain a responsibility of the Secretary. 

‘‘(C) POWERS OF OTHER AGENCIES.—Nothing in this section preempts or 

limits any power, jurisdiction, responsibility, or authority of an agency, 

other than the Department of Transportation, with respect to a project.’’. 

(b) ACCEPTANCE OF FEDERAL COURTS JURISDICTION; TERMINATION OF AGREEMENTS.—Section 167(b) of title 23, United States Code, as added by section 1207(a) 

of this Act, is amended by adding at the end the following: 

‘‘(5) ACCEPTANCE OF FEDERAL COURTS JURISDICTION.—A memorandum of understanding with a State under this section shall include a provision under 

which the State consents to accept the jurisdiction of the Federal courts for the 

compliance, discharge, and enforcement of any responsibility of the Secretary 

that the State may assume under the memorandum. 

‘‘(6) TERMINATION OF AGREEMENTS.—A memorandum of understanding with a 

State under this section shall include a provision authorizing the Secretary to 

terminate the agreement if the Secretary, after providing an opportunity for a 

hearing, issues a finding that the State is not in compliance with the terms of 

the agreement.’’. 

(c) STATE SUBJECT TO FEDERAL LAWS.—Section 167 of title 23, United States 

Code, as added by section 1207(a) of this Act, is further amended by adding at the 

end the following: 

‘‘(f) STATE SUBJECT TO FEDERAL LAWS.—For purposes of assuming responsibilities 

of the Secretary under this section, a State agency entering into a memorandum of 

understanding under subsection (b) is deemed to be a Federal agency to the extent 

41 

the State is carrying out the Secretary’s responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), this title, and any other provision of Federal law.’’. 

SEC. 1212. OPENING OF INTERSTATE RAMPS. 

(a) IN GENERAL.—Not later 30 days after the date of enactment of this Act, the 

Secretary shall open the ramp connecting Interstate Route 495 and Arena Drive in 

Prince George’s County, Maryland, for the purpose of allowing motor vehicles to exit 

Interstate Route 495 in both northern and southern directions onto Arena Drive. 

Such ramp shall be open for 24 hours a day, every day during the calendar year. 

(b) FULLY OPENING ARENA DRIVE RAMP.— (1) STUDY.—The Secretary shall conduct a study to determine the most appropriate method for opening the ramps for allowing motor vehicles to enter Interstate Route 495 from Arena Drive. 

(2) REPORT.—Not later than 1 year after the date of enactment of this Act, 

the Secretary shall transmit to Congress a report on the results of the study. 

(c) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in the section shall be 

construed as altering current traffic management protocols to the Arena Drive 

ramps during stadium events. 

Subtitle C—Mobility and Efficiency 

SEC. 1301. NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM. 

(a) IN GENERAL.—The Secretary shall establish and implement a program to make 

allocations to States for highway construction projects in corridors of national significance to promote economic growth and international or interregional trade pursuant to the selection factors provided in this section. A State must submit an application to the Secretary in order to receive an allocation under this section. 

(b) SELECTION PROCESS.— (1) PRIORITY.—In the selection process under this section, the Secretary shall 

give priority to projects in corridors that are a part of, or will be designated as 

part of, the Dwight D. Eisenhower National System of Interstate and Defense 

Highways after completion of the work described in the application received by 

the Secretary and to any project that will be completed within 5 years of the 

date of the allocation of funds for the project. 

(2) SELECTION FACTORS.—In making allocations under this section, the Secretary shall consider the following factors: 

(A) The extent to which the corridor provides a link between 2 existing 

segments of the Interstate System. 

(B) The extent to which the project will facilitate major multistate or regional mobility and economic growth and development in areas underserved 

by existing highway infrastructure. 

(C) The extent to which commercial vehicle traffic in the corridor— 

(i) has increased since the date of enactment of the North American 

Free Trade Agreement Implementation Act (16 U.S.C. 4401 et seq.); 

and 

(ii) is projected to increase in the future. 

(D) The extent to which international truck-borne commodities move 

through the corridor. 

(E) The extent to which the project will make improvements to an existing segment of the Interstate System that will result in a decrease in congestion. 

(F) The reduction in commercial and other travel time through a major 

freight corridor expected as a result of the project. 

(G) The value of the cargo carried by commercial vehicle traffic in the corridor and the economic costs arising from congestion in the corridor. 

(H) The extent of leveraging of Federal funds provided to carry out this 

section, including— 

(i) use of innovative financing; 

(ii) combination with funding provided under other sections of this 

Act and title 23, United States Code; and 

(iii) combination with other sources of Federal, State, local, or private 

funding. 

(c) PERIOD OF AVAILABILITY.—Funds allocated for a project to a State under this 

section shall remain available for obligation in that State until 6 months from the 

day on which they are allocated. Sums not obligated within 6 months of the day 

on which they are allocated shall be available to the Secretary to be allocated for 

other projects eligible under this section. 

42 

(d) FEDERAL SHARE.—The Federal share of the cost of a project under this section 

shall be determined in accordance with section 120(b) of title 23, United States 

Code. 

(e) APPLICABILITY OF TITLE 23.—Except as provided in subsections (c) and (d), 

funds made available by section 1101(a)(10) of this Act to carry out this section shall 

be available for obligation in the same manner as if such funds were apportioned 

under chapter 1 of title 23, United States Code. 

(f) STATE DEFINED.—In this section, the term ‘‘State’’ has the meaning such term 

has under section 101 of title 23, United States Code. 

SEC. 1302. COORDINATED BORDER INFRASTRUCTURE PROGRAM. 

(a) GENERAL AUTHORITY.—The Secretary shall implement a coordinated border infrastructure program under which the Secretary shall distribute funds to border 

States to improve the safe movement of motor vehicles at or across the border between the United States and Canada and the border between the United States and 

Mexico. 

(b) ELIGIBLE USES.—A State may use funds apportioned under this section only 

for— 

(1) improvements in a border region to existing transportation and supporting 

infrastructure that facilitate cross-border motor vehicle and cargo movements; 

(2) construction of highways and related safety and safety enforcement facilities in a border region that facilitate motor vehicle and cargo movements related to international trade; 

(3) operational improvements in a border region, including improvements relating to electronic data interchange and use of telecommunications, to expedite 

cross border motor vehicle and cargo movement; 

(4) modifications to regulatory procedures to expedite safe and efficient cross 

border motor vehicle and cargo movements; and 

(5) international coordination of transportation planning, programming, and 

border operation with Canada and Mexico relating to expediting cross border 

motor vehicle and cargo movements. 

(c) APPORTIONMENT OF FUNDS.—On October 1 of each fiscal year, the Secretary 

shall apportion among border States sums authorized to be appropriated to carry 

out this section for such fiscal year as follows: 

(1) 20 percent in the ratio that— 

(A) the total number of incoming commercial trucks that pass through 

the land border ports of entry within the boundaries of a border State, as 

determined by the Secretary; bears to 

(B) the total number of incoming commercial trucks that pass through 

such ports of entry within the boundaries of all the border States, as determined by the Secretary. 

(2) 30 percent in the ratio that— 

(A) the total number of incoming personal motor vehicles and incoming 

buses that pass through land border ports of entry within the boundaries 

of a border State, as determined by the Secretary; bears to 

(B) the total number of incoming personal motor vehicles and incoming 

buses that pass through such ports of entry within the boundaries of all the 

border States, as determined by the Secretary. 

(3) 25 percent in the ratio that— 

(A) the total weight of incoming cargo by commercial trucks that pass 

through land border ports of entry within the boundaries of a border State, 

as determined by the Secretary; bears to 

(B) the total weight of incoming cargo by commercial trucks that pass 

through such ports of entry within the boundaries of all the border States, 

as determined by the Secretary. 

(4) 25 percent of the ratio that— 

(A) the total number of land border ports of entry within the boundaries 

of a border State, as determined by the Secretary; bears to 

(B) the total number of land border ports of entry within the boundaries 

of all the border States, as determined by the Secretary. 

(d) APPLICABILITY OF TITLE 23.—Funds made available to carry out this section 

shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall 

not be transferable and shall remain available until expended and the Federal share 

of the cost of a project under this section shall be 80 percent. 

(e) DEFINITIONS.—In this section, the following definitions apply: 

(1) BORDER REGION.—The term ‘‘border region’’ means any portion of a border 

State within 20 miles of an international land border with Canada or Mexico. 

43 

(2) BORDER STATE.—The term ‘‘border State’’ means any State that has an 

international land border with Canada or Mexico. 

(3) COMMERCIAL TRUCK.—The term ‘‘commercial truck’’ means a commercial 

motor vehicle as defined in section 31301(4) (other than subparagraph (B)) of 

title 49, United States Code. 

(4) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ has the meaning such term 

has under section 101(a) of title 23, United States Code. 

(5) STATE.—The term ‘‘State’’ has the meaning such term has in section 101(a) 

of such title 23. 

SEC. 1303. FREIGHT INTERMODAL CONNECTORS. 

(a) IN GENERAL.— 

(1) ESTABLISHMENT.—The Secretary shall establish a freight intermodal connector program to improve productivity and improve the efficiency of the transportation of freight, while mitigating congestion in the area of freight intermodal connectors. 

(2) PURPOSES.—The purposes of the program shall be— 

(A) to facilitate and support intermodal freight transportation initiatives 

at the State and local levels in order to improve freight intermodal connectors and mitigate the impact of congestion in the area of such connectors; 

and 

(B) to provide capital funding to address infrastructure and freight operational needs at freight intermodal connectors. 

(b) STATE RESPONSIBILITIES.—Under the program, each State shall ensure that 

intermodal freight transportation and trade facilitation and are adequately addressed integrated into the project development process, including transportation 

planning, through final design and construction of freight related transportation 

projects. 

(c) ELIGIBLE PROJECTS.— 

(1) IN GENERAL.—Projects eligible for funding under this section may include 

the construction of and improvements to publicly owned freight intermodal connectors, the provision of access to such connectors, and operational improvements for such connectors (including capital investment for intelligent transportation systems); except that a project located within the boundaries of an intermodal freight facility shall only include highway infrastructure modifications 

necessary to facilitate direct intermodal access between the connector and the 

facility. 

(2) SPECIAL RULE.—If a State that does not have any freight intermodal connectors within its boundaries or has only freight intermodal connectors within 

its boundaries that are in good condition and provide an adequate level of service, projects within the boundaries of the State that are eligible for assistance 

under section 103(b)(6) of title 23, United States Code, relating to the National 

Highway System, shall be eligible for funding under this section. 

(d) PRIORITY.—Under the program, a State shall give priority to projects on freight 

intermodal connectors to the National Highway System as identified according to 

the criteria set forth in the report of the Department of Transportation to Congress 

entitled ‘‘Pulling Together: The NHS and its Connections to Major Intermodal Terminals’’. 

(e) APPORTIONMENT.—On October 1 of each fiscal year, the Secretary shall apportion among the States sums made available to carry out this section for such fiscal 

year as follows: 

(1) 33.3 percent in the ratio that— 

(A) the number of freight intermodal connectors identified in the most recent Intermodal Freight Connectors study of the Federal Highway Administration within the boundaries of a State; bears to 

(B) the total number of such connectors within the boundaries of all the 

States. 

(2) 33.3 percent in the ratio that— 

(A) the total of each State’s annual contributions to the Highway Trust 

Fund (other than the Mass Transit Account) attributable to commercial 

motor vehicles; bears to 

(B) the total of such annual contributions by all States. 

(3) 33.4 percent in the same ratios as funds are apportioned for the National 

Highway System under clauses (i), (ii), (iii), and (iv) of section 104(b)(1)(A) of 

title 23, United States Code. 

(f) APPLICABILITY OF TITLE 23.—Funds made available to carry out this section 

shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall 

44 

not be transferable and shall remain available until expended and the Federal share 

of the cost of a project under this section shall be 80 percent. 

(g) UPDATE REPORT.—Not later than August 1, 2005, the Secretary shall publish 

an update to the report entitled ‘‘Pulling Together: the National Highway System 

and its Connections to Major Intermodal Terminals’’. 

(h) DEFINITIONS.—In this section, the following definitions apply: 

(1) FREIGHT INTERMODAL CONNECTORS.—The term ‘‘freight intermodal connector’’ means the roadway that connects to an intermodal freight facility that 

carries or will carry intermodal traffic. 

(2) INTERMODAL FREIGHT FACILITY.—The term ‘‘intermodal freight facility’’ 

means a port, airport, truck-rail terminal, and pipeline-truck terminal. 

(3) STATE.—The term ‘‘State’’ has the meaning such term has in section 101(a) 

of title 23, United States Code. 

SEC. 1304. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE. 

(a) FINDINGS.—Congress finds the following: 

(1) Under current law, surface transportation programs rely primarily on formula capital apportionments to States. 

(2) Despite the significant increase for surface transportation program funding in the Transportation Equity Act of the 21st Century, current levels of investment are insufficient to fund critical high-cost transportation infrastructure 

facilities that address critical national economic and transportation needs. 

(3) Critical high-cost transportation infrastructure facilities often include multiple levels of government, agencies, modes of transportation, and transportation goals and planning processes that are not easily addressed or funded 

within existing surface transportation program categories. 

(4) Projects of national and regional significance have national and regional 

benefits, including improving economic productivity by facilitating international 

trade, relieving congestion, and improving transportation safety by facilitating 

passenger and freight movement. 

(5) The benefits of such projects described in paragraph (4) accrue to local 

areas, States, and the Nation as a result of the effect such projects have on the 

national transportation system. 

(6) A program dedicated to constructing projects of national and regional significance is necessary to improve the safe, secure, and efficient movement of 

people and goods throughout the United States and improve the health and welfare of the national economy. 

(b) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a program to provide grants to qualified entities for projects of national and regional significance. 

(c) DEFINITIONS.— 

(1) ELIGIBLE PROJECT COSTS.—The term ‘‘eligible project costs’’ means the 

costs of— 

(A) development phase activities, including planning, feasibility analysis, 

revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and 

(B) construction, reconstruction, rehabilitation, and acquisition of real 

property (including land related to the project and improvements to land), 

environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. 

(2) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means any surface transportation project eligible for Federal assistance under title 23, United States 

Code, including freight railroad projects and activities eligible under such title. 

(3) QUALIFIED ENTITY.—The term ‘‘qualified entity’’ means a State as defined 

in section 101(a) of title 23, United States Code. 

(d) ELIGIBILITY.—To be eligible for assistance under this section, a project shall 

have eligible project costs that are reasonably anticipated to equal or exceed the 

lesser of— 

(1) $500,000,000; or 

(2) 75 percent of the amount of Federal highway assistance funds apportioned 

for the most recently completed fiscal year to the State in which the project is 

located. 

(e) APPLICATIONS.—Each qualified entity seeking to receive a grant under this section for an eligible project shall submit to the Secretary an application in such form 

and in accordance with such requirements as the Secretary shall establish. 

(f) COMPETITIVE GRANT SELECTION AND CRITERIA FOR GRANTS.— 

(1) IN GENERAL.—The Secretary shall— 

(A) establish criteria for selecting among projects that meet the eligibility 

criteria specified in subsection (d); 

(B) conduct a national solicitation for applications; and 

45 

(C) award grants on a competitive basis. 

(2) CRITERIA FOR GRANTS.—The Secretary may approve a grant under this 

section for a project only if the Secretary determines that the project— 

(A) is based on the results of preliminary engineering; 

(B) is justified based on the project’s ability— 

(i) to generate national economic benefits, including creating jobs, expanding business opportunities, and impacting the gross domestic product; 

(ii) to reduce congestion, including impacts in the State, region, and 

Nation; 

(iii) to improve transportation safety, including reducing transportation accidents, injuries, and fatalities; 

(iv) to otherwise enhance the national transportation system; and 

(v) to garner support for non-Federal financial commitments and provide evidence of stable and dependable financing sources to construct, 

maintain, and operate the infrastructure facility; and 

(C) is supported by an acceptable degree of non-Federal financial commitments, including evidence of stable and dependable financing sources to 

construct, maintain, and operate the infrastructure facility. 

(3) SELECTION CONSIDERATIONS.—In selecting a project under this section, the 

Secretary shall consider the extent to which the project— 

(A) leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships; 

(B) uses new technologies, including intelligent transportation systems, 

that enhance the efficiency of the project. 

(C) helps maintain or protect the environment. 

(4) PRELIMINARY ENGINEERING.—In evaluating a project under paragraph 

(2)(A), the Secretary shall analyze and consider the results of preliminary engineering for the project. 

(5) NON-FEDERAL FINANCIAL COMMITMENT.— 

(A) EVALUATION OF PROJECT.—In evaluating a project under paragraph 

(2)(C), the Secretary shall require that— 

(i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover 

unanticipated cost increases; and 

(ii) each proposed non-Federal source of capital and operating financing is stable, reliable, and available within the proposed project timetable. 

(B) CONSIDERATIONS.—In assessing the stability, reliability, and availability of proposed sources of non-Federal financing under subparagraph 

(A), the Secretary shall consider— 

(i) existing financial commitments; 

(ii) the degree to which financing sources are dedicated to the purposes proposed; 

(iii) any debt obligation that exists or is proposed by the recipient for 

the proposed project; and 

(iv) the extent to which the project has a non-Federal financial commitment that exceeds the required non-Federal share of the cost of the 

project. 

(6) REGULATIONS.—Not later than 120 days after the date of enactment of this 

Act, the Secretary shall issue regulations on the manner in which the Secretary 

will evaluate and rate the projects based on the results of preliminary engineering, project justification, and the degree of non-Federal financial commitment, 

as required under this subsection. 

(7) PROJECT EVALUATION AND RATING.—A proposed project may advance from 

preliminary engineering to final design and construction only if the Secretary 

finds that the project meets the requirements of this subsection and there is a 

reasonable likelihood that the project will continue to meet such requirements. 

In making such findings, the Secretary shall evaluate and rate the project as 

‘‘highly recommended’’, ‘‘recommended’’, or ‘‘not recommended’’ based on the results of preliminary engineering, the project justification criteria, and the degree of non-Federal financial commitment, as required under this subsection. In 

rating the projects, the Secretary shall provide, in addition to the overall project 

rating, individual ratings for each of the criteria established under the regulations issued under paragraph (6). 

(g) LETTERS OF INTENT AND FULL FUNDING GRANT AGREEMENTS.— 

(1) LETTER OF INTENT.— 

46 

(A) IN GENERAL.—The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a project under this section, 

an amount from future available budget authority specified in law that is 

not more than the amount stipulated as the financial participation of the 

Secretary in the project. 

(B) NOTIFICATION.—At least 60 days before issuing a letter under subparagraph (A) or entering into a full funding grant agreement, the Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the proposed letter or agreement. 

The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project. 

(C) NOT AN OBLIGATION.—The issuance of a letter is deemed not to be an 

obligation under sections 1108(c) and (d), 1501, and 1502(a) of title 31, 

United States Code, or an administrative commitment. 

(D) OBLIGATION OR COMMITMENT.—An obligation or administrative commitment may be made only when contract authority is allocated to a 

project. 

(2) FULL FUNDING GRANT AGREEMENT.— (A) IN GENERAL.—A project financed under this subsection shall be carried out through a full funding grant agreement. The Secretary shall enter 

into a full funding grant agreement based on the evaluations and ratings 

required under subsection (f)(7). 

(B) TERMS.—If the Secretary makes a full funding grant agreement with 

an applicant, the agreement shall— 

(i) establish the terms of participation by the United States Government in a project under this section; 

(ii) establish the maximum amount of Government financial assistance for the project; 

(iii) cover the period of time for completing the project, including a 

period extending beyond the period of an authorization; and 

(iv) make timely and efficient management of the project easier according to the laws of the United States. 

(C) AGREEMENT.—An agreement under this paragraph obligates an 

amount of available budget authority specified in law and may include a 

commitment, contingent on amounts to be specified in law in advance for 

commitments under this paragraph, to obligate an additional amount from 

future available budget authority specified in law. The agreement shall 

state that the contingent commitment is not an obligation of the Government. Interest and other financing costs of efficiently carrying out a part 

of the project within a reasonable time are a cost of carrying out the project 

under a full funding grant agreement, except that eligible costs may not be 

more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in 

a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. 

(3) AMOUNTS.—The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent and full funding grant agreements may be not more 

than the greater of the amount authorized to carry out this section or an 

amount equivalent to the last 2 fiscal years of funding authorized to carry out 

this section less an amount the Secretary reasonably estimates is necessary for 

grants under this section not covered by a letter. The total amount covered by 

new letters and contingent commitments included in full funding grant agreements may be not more than a limitation specified in law. 

(h) GRANT REQUIREMENTS.— 

(1) IN GENERAL.—A grant for a project under this section shall be subject to 

all of the requirements of title 23, United States Code, and chapter 52 of title 

49, United States Code. 

(2) OTHER TERMS AND CONDITIONS.—The Secretary shall require that all 

grants under this section be subject to all terms, conditions, and requirements 

that the Secretary decides are necessary or appropriate for purposes of this section, including requirements for the disposition of net increases in value of real 

property resulting from the project assisted under this section. 

(i) GOVERNMENT’S SHARE OF PROJECT COST.—Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the cost of a project receiving assistance under 

this section. A grant for the project is for 80 percent of the project cost, unless the 

grant recipient requests a lower grant percentage. A refund or reduction of the reVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00048 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
47 

mainder may be made only if a refund of a proportional amount of the grant of the 

Government is made at the same time. 

(j) FISCAL CAPACITY CONSIDERATIONS.—If the Secretary gives priority consideration to financing projects that include more than the non-Government share required under subsection (i) the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments. 

(k) REPORTS.— 

(1) ANNUAL REPORT.—Not later than the first Monday in February of each 

year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment 

and Public Works of the Senate a report that includes a proposal on the allocation of amounts to be made available to finance grants under this section. 

(2) RECOMMENDATIONS ON FUNDING.—The annual report under this paragraph shall include evaluations and ratings, as required under subsection (f). 

The report shall also include recommendations of projects for funding based on 

the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years and for the next 10 fiscal years based on 

information currently available to the Secretary. 

(l) APPLICABILITY OF TITLE 23.—Funds made available to carry out this section 

shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall 

not be transferable and shall remain available until expended and the Federal share 

of the cost of a project under this section shall be as provided in this section. 

SEC. 1305. DEDICATED TRUCK LANES. 

(a) IN GENERAL.—The Secretary shall establish and implement a pilot program to 

make allocations to States for the construction of projects that separate commercial 

truck traffic from other motor vehicle traffic. A State must submit an application 

to the Secretary in order to receive an allocation under this section. 

(b) SELECTION PROCESS.— 

(1) PRIORITY.—In the selection process under this section, the Secretary shall 

give priority to projects that provide additional capacity. 

(2) SELECTION FACTORS.—In making allocations under this section, the Secretary shall consider the following factors: 

(A) The extent to which the project will improve the safe and efficient 

movement of freight. 

(B) The extent to which the project provides positive separation of commercial trucks from other motor vehicle traffic. 

(C) The extent to which the project connects an intermodal freight facility 

or an international port of entry to the Dwight D. Eisenhower National System of Interstate and Defense Highways by providing limited access lanes 

that allow commercial truck traffic to enter the Interstate System at the 

posted speed limit. 

(D) The extent to which the project will remove truck traffic from surface 

streets. 

(E) The extent to which travel time is expected to be reduced as a result 

of the proposed project. 

(F) The extent of leveraging of Federal funds provided to carry out this 

section, including— 

(i) use of innovative financing; 

(ii) combination with funding provided under other sections of this 

Act and title 23, United States Code; and 

(iii) combination with other sources of Federal, State, local, or private 

funding. 

(c) FEDERAL SHARE.—The Federal share of the cost of a project under this section 

shall be determined in accordance with section 120(b) of title 23, United States 

Code. 

(d) APPLICABILITY OF TITLE 23.—Except as provided in subsection (d), funds made 

available by section 1101(a)(22) of this Act to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under 

chapter 1 of title 23, United States Code. 

(e) DEFINITIONS.—In this section the following definitions apply: 

(1) COMMERCIAL TRUCK.—The term ‘‘commercial truck’’ means a self-propelled 

or towed vehicle used on highways in commerce principally to transport cargo 

if the vehicle has a gross vehicle weight rating or gross vehicle weight of at 

least 10,001 pounds, whichever is greater. 

(2) STATE.—The term ‘‘State’’ has the meaning such term has under section 

101 of title 23, United States Code. 

48 

SEC. 1306. TRUCK PARKING FACILITIES. 

(a) ESTABLISHMENT.—In cooperation with appropriate State, regional, and local 

governments, the Secretary shall establish a pilot program to address the shortage 

of long-term parking for commercial motor vehicles on the National Highway System. 

(b) ALLOCATION OF FUNDS.— 

(1) IN GENERAL.—The Secretary shall allocate funds made available to carry 

out this section among States, metropolitan planning organizations, and local 

governments. 

(2) APPLICATIONS.—To be eligible for an allocation under this section, a State, 

metropolitan planning organization, or local government shall submit to the 

Secretary an application at such time and containing such information as the 

Secretary may require. 

(3) ELIGIBLE PROJECTS.—Funds allocated under this subsection shall be used 

by the recipient for projects described in an application approved by the Secretary. Such projects shall serve the National Highway System and may include 

the following: 

(A) Constructing safety rest areas, as defined in section 120(c) of title 23, 

United States Code, that include parking for commercial motor vehicles. 

(B) Constructing commercial motor vehicle parking facilities adjacent to 

commercial truck stops and travel plazas. 

(C) Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities. 

(D) Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means. 

(E) Constructing turnouts along the National Highway System for commercial motor vehicles. 

(F) Making capital improvements to public commercial motor vehicle 

parking facilities currently closed on a seasonal basis to allow the facilities 

to remain open year-round. 

(G) Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities. 

(4) PRIORITY.—In allocating funds made available to carry out this section, 

the Secretary shall give priority to applicants that— 

(A) demonstrate a severe shortage of commercial motor vehicle parking 

capacity in the corridor to be addressed; 

(B) have consulted with affected State and local governments, community 

groups, private providers of commercial motor vehicle parking, and motorist 

and trucking organizations; and 

(C) demonstrate that their proposed projects are likely to have positive 

effects on highway safety, traffic congestion, or air quality. 

(c) 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 

$5,000,000 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 chapter 1 of title 23, United States Code. 

(d) REPORT TO CONGRESS.—Not later than 5 years after the date of enactment of 

this Act, the Secretary shall transmit to Congress a report on the results of the pilot 

program. 

(e) FEDERAL SHARE.—The Federal share of the cost of a project carried out using 

amounts made available under this section shall be determined in accordance with 

sections 120(b) and 120(c) of title 23, United States Code. 

(f) APPLICABILITY OF TITLE 23.—Notwithstanding any other provision of law, 

projects funded under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code. 

Subtitle D—Highway Safety 

SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

(a) SAFETY IMPROVEMENT PROJECT DEFINED.—Section 101(a)(30) of title 23, 

United States Code, is amended by inserting ‘‘installs fluorescent, yellow-green signs 

at pedestrian or bicycle crossings or school zones,’’ after ‘‘call boxes,’’. 

(b) OPERATION LIFESAVER.—Section 104(d)(1) of such title is amended— 

49 

(1) by striking ‘‘subsection (b)(3) of this section’’ and inserting ‘‘section 130(f)’’; 

and 

(2) by striking ‘‘$500,000’’ and inserting ‘‘$600,000’’. 

(c) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH SPEED RAIL COR- RIDORS.— 

(1) IN GENERAL.—Section 104(d)(2) of such title is amended— 

(A) in subparagraph (A) by striking ‘‘$5,250,000’’ and inserting ‘‘$7,500,000 for each of fiscal years 2004 and 2005, $10,000,000 for each of 

fiscal years 2006 and 2007, and $15,000,000 for each of fiscal years 2008 

and 2009’’; and 

(B) in subparagraph (E)— (i) by striking ‘‘Not less than $250,000 of such set-aside’’ and insert- ing ‘‘Of such set-aside, not less than $875,000 for each of fiscal years 

2004 and 2005, $1,500,000 for each of fiscal years 2006 and 2007, and 

$2,750,000 for each of fiscal years 2008 and 2009’’; and 

(ii) by striking ‘‘per fiscal year’’. 

(2) DESIGNATION OF CORRIDORS.—Of the rail corridors selected by the Secretary in accordance with section 104(d)(2) of title 23, United States Code— 

(A) the Northern New England High Speed Rail Corridor is expanded to 

include the train routes from Boston, Massachusetts, to Albany, New York, 

and from Springfield, Massachusetts, to New Haven, Connecticut; and 

(B) the South Central Corridor is expanded to include the train route 

from Killeen, Texas, to Houston, Texas, via Bryan-College Station. 

(d) RAILWAY-HIGHWAY CROSSINGS.— 

(1) FUNDS FOR PROTECTIVE DEVICES.—Section 130(e) of such title is amended— 

(A) by striking ‘‘At’’ and inserting the following: 

‘‘(1) IN GENERAL.—At’’; and 

(B) by adding at the end the following: 

‘‘(2) SPECIAL RULE.—If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for installation of protective devices 

at railway-highway crossings, the State may use funds made available by this 

subsection for other purposes by this section.’’. 

(2) APPORTIONMENT.—Section 130(f) of such title is amended to read as follows: 

‘‘(f) APPORTIONMENT.— 

‘‘(1) FORMULA.—Fifty percent of the funds authorized to be appropriated to 

carry out this section shall be apportioned to the States in accordance with the 

formula set forth in section 104(b)(3)(A), and 50 percent of such funds shall be 

apportioned to the States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States. 

‘‘(2) MINIMUM APPORTIONMENT.—Notwithstanding paragraph (1), each State 

shall receive a minimum of 1⁄2 of 1 percent of the funds apportioned under paragraph (1). 

‘‘(3) FEDERAL SHARE.—The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall 

be 90 percent of the cost thereof.’’. 

(3) BIENNIAL REPORT TO CONGRESS.—The third sentence of section 130(g) of 

such title is amended by striking ‘‘not later than April 1 of each year,’’ and inserting ‘‘, not later than April 1, 2006, and every 2 years thereafter,’’. 

(4) EXPENDITURE OF FUNDS.—Section 130 of such title is further amended by 

adding at the end the following: 

‘‘(k) EXPENDITURE OF FUNDS.—Not more than 2 percent of funds apportioned to 

a State to carry out this section may be used by the State for compilation and analysis of data in support of activities carried out under subsection (g).’’. 

(e) SURFACE TRANSPORTATION PROGRAM.— 

(1) IN GENERAL.—Section 133(d) of such title is amended— 

(A) by striking paragraph (1); and 

(B) by redesignating paragraphs (2) through (5) as paragraphs (1) 

through (4), respectively; and 

(C) in paragraph (2) (as so redesignated)— 

(i) in subparagraph (A) by striking ‘‘80 percent’’ and inserting ‘‘90 

percent’’; 

(ii) in subparagraph (B) by striking ‘‘tobe’’ and inserting ‘‘to be’’; and 

(iii) in subparagraph (D) by adding a period at the end. 

(2) CONFORMING AMENDMENTS.— 

(A) SECTION 133.—Section 133(e) is amended by striking ‘‘(d)(2)’’ and inserting ‘‘(d)(1)’’ in each of paragraphs (3)(B)(i), (5)(A), and (5)(B). 

(B) SECTION 126.—Section 126(b) of such title is amended— 

50 

(i) by striking ‘‘to the last sentence of section 133(d)(1) or’’; 

(ii) by striking ‘‘section 133(d)(3)’’ and inserting ‘‘section 133(d)(2)’’; 

and 

(iii) by striking ‘‘or 133(d)(2)’’. 

(f) HAZARD ELIMINATION PROGRAM.— 

(1) PURPOSES.—Section 152(a)(1) of such title is amended— 

(A) by striking ‘‘and’’ after ‘‘bicyclists,’’; and 

(B) by inserting after ‘‘pedestrians,’’ the following: ‘‘and the disabled, 

identify roadway safety improvement needs for such locations, sections, and 

elements,’’. 

(2) HAZARDS.—Section 152(a)(2)(A) of such title is amended by inserting ‘‘the 

disabled,’’ after ‘‘pedestrians,’’. 

(3) APPROVAL OF PROJECTS.—Section 152(b) of such title is amended by inserting before the period at the end the following: ‘‘that reduces the likelihood of 

crashes involving road departures, intersections, pedestrians, the disabled, 

bicyclists, older drivers, or construction work zones’’. 

(4) EXPENDITURE OF FUNDS.—Section 152(c) of such title is amended— 

(A) in paragraph (2) by striking ‘‘or’’ at the end; 

(B) in paragraph (3) by striking the period at the end and inserting a 

semicolon; and 

(C) by adding at the end the following: 

‘‘(4) police assistance for traffic and speed management in construction work 

zones; 

‘‘(5) installation of barriers between construction work zones and traffic lanes 

for the safety of motorists and workers; 

‘‘(6) installation of protective devices at railway-highway crossings; and 

‘‘(7) compilation and analysis of data under subsections (f) and (g) if the funds 

used for this purpose by a State do not exceed 2 percent of the amount apportioned to such State to carry out this section.’’. 

(5) APPORTIONMENT.—Section 152(d) of such title is amended to read as follows: 

‘‘(d) APPORTIONMENT.— 

‘‘(1) FORMULA.—Funds authorized to be appropriated to carry out this section 

shall be apportioned to the States in accordance with the formula set forth in 

section 104(b)(3)(A). 

‘‘(2) MINIMUM APPORTIONMENT.—Notwithstanding paragraph (1), each State 

shall receive a minimum of 1⁄2 of 1 percent of the funds apportioned under paragraph (1). 

‘‘(3) FEDERAL SHARE.—The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall 

be 90 percent of the cost thereof.’’. 

(6) BIENNIAL REPORT TO CONGRESS.— 

(A) IN GENERAL.—Section 152 of such title is amended by adding at the 

end the following: 

‘‘(i) BIENNIAL REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate 

a report on the results of the program under this section. The report shall include, 

at a minimum, the following: 

‘‘(1) A summary of State projects completed under this section categorized by 

the types of hazards and a statement of the cost of such projects. 

‘‘(2) An analysis of the effectiveness of such categories of projects in reducing 

the number and severity of crashes at high hazard locations. 

‘‘(3) An assessment of the adequacy of authorized funding for the program and 

State use of such funding to address the national need for such projects. 

‘‘(4) Recommendations for funding and program improvements to reduce the 

number of high hazard locations. 

‘‘(5) An analysis and evaluation of each State program, an identification of 

any State found not to be in compliance with the schedule of improvements required by subsection (a), and recommendations for future implementation of the 

hazard elimination program.’’. 

(B) CONFORMING AMENDMENT.—Section 152(g) of such title is amended by 

striking the third sentence through the last sentence. 

(g) EFFECTIVE DATE.—The amendments made by subsections (b)(1), (d), (e), and 

(f) shall take effect on September 30, 2005. 

51 

SEC. 1402. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC. 

Not later than 1 year after the date of enactment of this Act, the Secretary shall 

issue regulations to decrease the likelihood of worker injury and maintain the free 

flow of vehicular traffic by requiring workers whose duties place them on or in close 

proximity to a Federal-aid highway (as defined in section 101 of title 23, United 

States Code) to wear high visibility garments. Such regulations may also require 

such other worker-safety measures for workers with those duties as the Secretary 

determines appropriate. 

SEC. 1403. HIGH RISK RURAL ROAD SAFETY IMPROVEMENT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish and implement a high risk 

rural road safety improvement program in accordance with this section. 

(b) ELIGIBLE PROJECTS.— (1) IN GENERAL.—Except as provided in paragraph (2), a State may obligate 

funds apportioned to it under this section only for construction and operational 

improvement projects on high risk rural roads and only if the primary purpose 

of the project is to improve highway safety on a high risk rural road. 

(2) SPECIAL RULE.—A State may use funds apportioned to it under this section 

for any project approved by the Secretary under section 152 of title 23, United 

States Code, if the State certifies to the Secretary that it has no projects described in paragraph (1). 

(c) STATE ALLOCATION SYSTEM.—Each State shall establish a system for allocating 

funds apportioned to it under this section among projects eligible for assistance 

under this section that have the highest benefits to highway safety. Such system 

may include a safety management system established by the State under section 

303 of title 23, United States Code, or a survey established pursuant to section 

152(a) of such title. 

(d) APPORTIONMENT OF FUNDS.—On October 1 of each fiscal year, the Secretary 

shall apportion among States sums authorized to be appropriated to carry out this 

section for such fiscal year as follows: 

(1) 1⁄3 in the ratio that— 

(A) each State’s public road lane mileage for rural minor collectors and 

rural local roads; bears to 

(B) the total public road lane mileage for rural minor collectors and rural 

local roads of all States. 

(2) 1⁄3 in the ratio that— 

(A) the population of areas other than urbanized areas in each State, as 

shown by the most recent Government decennial census of population; 

bears to 

(B) the population of all areas other than urbanized areas in the United 

States, as shown by that census. 

(3) 1⁄3 in the ratio that— 

(A) the total vehicle miles traveled on public roads in each State; bears 

to 

(B) the total number of vehicle miles traveled on public roads in all 

States. 

(e) APPLICABILITY OF TITLE 23.—Funds made available to carry out this section 

shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall 

not be transferable and shall remain available until expended and the Federal share 

of the cost of a project under this section shall be 80 percent. Notwithstanding any 

other provision of law, projects assisted under this section shall be treated as 

projects on a Federal-aid system under such chapter. 

(f) DEFINITIONS.—In this section, the following definitions apply: 

(1) HIGH RISK RURAL ROAD.—The term ‘‘high risk rural road’’ means any roadway functionally classified as a rural major or minor collector or a rural local 

road— 

(A) on which the accident rate for fatalities and incapacitating injuries 

exceeds the statewide average for these functional classes of roadway; or 

(B) which will likely have increases in traffic volume that are likely to 

create an accident rate for fatalities and incapacitating injuries that exceeds the statewide average for these functional classes of roadway. 

(2) STATE AND URBANIZED AREA.—The terms ‘‘State’’ and ‘‘urbanized area’’ 

have the meaning such terms have under section 101(a) of title 23, United 

States Code. 

SEC. 1404. TRANSFERS OF APPORTIONMENTS TO SAFETY PROGRAMS. 

(a) USE OF SAFETY BELTS AND MOTORCYCLE HELMETS.—Section 153(h) of title 23, 

United States Code, is amended— 

(1) in paragraph (2)— 

52 

(A) in the paragraph heading by striking ‘‘THEREAFTER.—’’ and inserting 

‘‘FISCAL YEARS 1995–2004.—’’; and 

(B) by inserting ‘‘and ending before October 1, 2004,’’ after ‘‘September 

30, 1994,’’; 

(2) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), 

respectively; 

(3) by inserting after paragraph (2) the following: 

‘‘(3) FISCAL YEAR 2005 AND THEREAFTER.—On October 1, 2004, and each October 1 thereafter, if a State does not have in effect a law described in subsection 

(a)(2), the Secretary shall transfer from the funds apportioned to the State on 

that date under each of subsections (b)(1), (b)(2), and (b)(3) of section 104 to the 

apportionment of the State under section 402 an amount equal to 3 percent of 

the funds apportioned to the State under such subsections for fiscal year 2003.’’; 

and 

(4) in paragraph (5) (as so redesignated)— 

(A) by striking ‘‘which is determined by multiplying’’ and inserting 

‘‘which, for fiscal year 2005 and each fiscal year thereafter, is determined 

by multiplying’’; and 

(B) in subparagraph (B) by striking ‘‘such fiscal year’’ each place it appears and inserting ‘‘fiscal year 2003’’. 

(b) OPEN CONTAINER REQUIREMENTS.—Section 154(c) of title 23, United States 

Code, is amended— 

(1) in paragraph (2)— 

(A) in the paragraph heading by striking ‘‘FISCAL YEARS THEREAFTER’’ and 

inserting ‘‘FISCAL YEAR 2004’’ ; and 

(B) by striking ‘‘and each October 1 thereafter,’’; 

(2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), 

respectively; 

(3) by inserting after paragraph (2) the following: 

‘‘(3) FISCAL YEAR 2005 AND THEREAFTER.—On October 1, 2004, 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 from the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) 

of section 104(b) an amount equal to 3 percent of the funds apportioned to the 

State under such paragraphs for fiscal year 2003 to be used or directed as described in subparagraph (A) or (B) of paragraph (1).’’; 

(4) in paragraph (5) (as so redesignated) by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (4)’’; 

(5) in paragraphs (4), (5), and (6) (as so redesignated) by striking ‘‘paragraph 

(1) or (2)’’ and inserting ‘‘paragraph (1), (2), or (3)’’; and 

(6) in paragraph (7)(B) (as so redesignated)— 

(A) by striking ‘‘The amount’’ and inserting ‘‘For fiscal year 2005 and each 

fiscal year thereafter, the amount’’; and 

(B) in subclauses (I) and (II) of clause (ii) by striking ‘‘the fiscal year’’ and 

inserting ‘‘fiscal year 2003’’. 

(c) MINIMUM PENALTIES FOR CERTAIN REPEAT OFFENDERS.—Section 164(b) of title 

23, United States Code, is amended— 

(1) in paragraph (2)— 

(A) in the paragraph heading by striking ‘‘AND FISCAL YEARS THEREAFTER’’ 

and inserting ‘‘FISCAL YEAR 2004’’ ; and 

(B) by striking ‘‘and each October 1 thereafter,’’; 

(2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), 

respectively; 

(3) by inserting after paragraph (2) the following: 

‘‘(3) FISCAL YEAR 2005 AND THEREAFTER.—On October 1, 2004, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer from the funds apportioned to the 

State on that date under each of paragraphs (1), (3), and (4) of section 104(b) 

an amount equal to 3 percent of the funds apportioned to the State under such 

paragraphs for fiscal year 2003 to be used or directed as described in subparagraph (A) or (B) of paragraph (1).’’; 

(4) in paragraph (5) (as so redesignated) by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (4)’’; 

(5) in paragraphs (4), (5), and (6) (as so redesignated) by striking ‘‘paragraph 

(1) or (2)’’ and inserting ‘‘paragraph (1), (2), or (3)’’; and 

(6) in paragraph (7)(B) (as so redesignated)— 

(A) by striking ‘‘The amount’’ and inserting ‘‘For fiscal year 2005 and each 

fiscal year thereafter, the amount’’; and 

53 

(B) in subclauses (I) and (II) of clause (ii) by striking ‘‘the fiscal year’’ and 

inserting ‘‘fiscal year 2003’’. 

SEC. 1405. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS. 

Section 157(g)(1) of title 23, United States Code, is amended by striking ‘‘for fiscal 

year 2004’’ and all that follows through ‘‘2005’’ and inserting ‘‘and for each of fiscal 

years 2003, 2004, and 2005’’. 

SEC. 1406. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS. 

(a) CODIFICATION OF PENALTY.—Section 163 of title 23, United States Code, is 

amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following: 

‘‘(e) PENALTY.— ‘‘(1) IN GENERAL.—On October 1, 2003, and October 1 of each fiscal year 

thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold from amounts apportioned to the State 

on that date under each of paragraphs (1), (3), and (4) of section 104(b) an 

amount equal to the amount specified in paragraph (2). 

‘‘(2) AMOUNT TO BE WITHHELD.—If a State is subject to a penalty under paragraph (1), the Secretary shall withhold for a fiscal year from the apportionments 

of the State described in paragraph (1) an amount equal to a percentage of the 

funds apportioned to the State under paragraphs (1), (3), and (4) of section 

104(b) for fiscal year 2003. The percentage shall be as follows: 

‘‘(A) For fiscal year 2004, 2 percent. 

‘‘(B) For fiscal year 2005, 4 percent. 

‘‘(C) For fiscal year 2006, 6 percent. 

‘‘(D) For fiscal year 2007, and each fiscal year thereafter, 8 percent. 

‘‘(3) FAILURE TO COMPLY.—If, within 4 years from the date that an apportionment for a State is withheld in accordance with this subsection, the Secretary 

determines that the State has enacted and is enforcing a law described in subsection (a), the apportionment of the State shall be increased by an amount 

equal to the amount withheld. If, at the end of such 4-year period, any State 

has not enacted or is not enforcing a law described in subsection (a) any 

amounts so withheld from such State shall lapse.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 163(f)(1) of such title, as redesignated by subsection (a)(1) of this section, is amended by striking ‘‘for fiscal year 

2004’’ and all that follows through ‘‘2005’’ and inserting ‘‘and for each of fiscal years 

2004 and 2005’’. 

(c) REPEAL.—Section 351 of the Department of Transportation and Related Agencies Appropriations Act, 2001 (23 U.S.C. 163 note; 114 Stat. 1356A–34) is repealed. 

SEC. 1407. REPEAT OFFENDERS FOR DRIVING WHILE INTOXICATED. 

Section 164(a)(5)(A) of title 23, United States Code, is amended to read as follows: 

‘‘(A) receive (i) a driver’s license suspension for not less than 1 year, or 

(ii) a combination of suspension of all driving privileges of an individual for 

the first 45 days of the suspension period followed by a reinstatement of 

limited driving privileges for the propose of getting to and from work, 

school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual;’’. 

SEC. 1408. REPAIR OR REPLACEMENT OF HIGHWAY FEATURES ON NATIONAL HIGHWAY SYSTEM. 

(a) RULEMAKING PROCEEDING.—The Secretary shall conduct a rulemaking proceeding to determine the appropriate conditions under which a State when choosing 

to repair or replace damaged highway features on the National Highway System 

with State funds (rather than with available Federal financial assistance) should be 

required to repair or replace such features with highway features that have been 

tested, evaluated, and found to be acceptable under the guidelines contained in the 

report of the Transportation Research Board of the National Research Council entitled ‘‘NCHRP Report 350-Recommended Procedures for the Safety Performance 

Evaluation of Highway Features’’. 

(b) MATTERS TO BE CONSIDERED.—The rulemaking proceeding shall cover those 

highway features that are covered by the guidelines referred to in subsection (a). 

The conditions to be considered by the Secretary in the rulemaking proceeding shall 

include types of highway features, cost-effectiveness, and practicality of replacement 

with highway features that have been found to be acceptable under such guidelines. 

(c) REGULATIONS.—Not later than 1 year after the date of enactment of this Act, 

the Secretary shall issue regulations regarding the conditions under which States 

54 

when choosing to repair or replace damaged highway features described in subsection (a) will be required to repair or replace such features with highway features 

that have been tested, evaluated, and found to be acceptable as described in subsection (a). 

Subtitle E—Construction and Contract 

Efficiencies 

SEC. 1501. DESIGN–BUILD. 

(a) QUALIFIED PROJECTS.—Section 112(b)(3)(C) of title 23, United States Code, is 

amended to read as follows: 

‘‘(C) QUALIFIED PROJECTS.—A qualified project referred to in subparagraph (A) is a project under this chapter for which the Secretary has approved the use of design-build contracting under criteria specified in regulations issued by the Secretary.’’. 

(b) EXPERIMENTAL PROCUREMENT.—Section 112(b)(3) of such title is further 

amended— 

(1) by redesigning subparagraph (D) as subparagraph (G); and 

(2) by inserting after subparagraph (C) the following: 

‘‘(D) EXPERIMENTAL PROCUREMENT.—As part of any experimental program carried out under this section, the Secretary shall evaluate the use 

of procurement procedures under this paragraph where subjective evaluation criteria account for the majority of the selection determination. 

‘‘(E) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section 

shall be construed as effecting the authority to carry out any experimental 

program concerning design-build contracting that is being carried out by 

the Secretary on the date of enactment of this subparagraph. 

‘‘(F) REPORT.—Not later than 3 years after the date of enactment of this 

subparagraph, the Secretary shall transmit to Congress a report on the effectiveness of design-build contracting procedures in which the majority of 

the selection determinations are made based on subjective criteria in accordance with subparagraph (D).’’. 

SEC. 1502. WARRANTY HIGHWAY CONSTRUCTION PROJECT PILOT PROGRAM. 

(a) IN GENERAL.—The Secretary shall establish and implement a pilot program 

designed to encourage States to incorporate warranties in the letting of contracts 

for highway construction projects. 

(b) MAXIMUM NUMBER OF PROJECTS.—The Secretary may allow not more than 15 

projects a year to be carried out under the pilot program. 

(c) FEDERAL SHARE.—The Federal share of the costs of a project under the pilot 

program may not exceed 90 percent. 

(d) MINIMUM PROJECT COST.—The estimated total cost of a project to be carried 

out under the pilot program must be greater than $15,000,000. 

(e) SELECTION PROCESS.—In the selection process for the pilot program, the Secretary shall select, to the extent possible, projects from several different regions of 

the United States in order to demonstrate the effects that different climates and 

traffic patterns have on warranty highway construction projects. 

(f) RULEMAKING.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this 

Act, the Secretary shall issue a rule to implement the pilot program. The rule 

shall include the following factors for eligibility of a highway construction 

project to be included in the program: 

(A) A requirement that the contract for the project must include a longterm limited warranty that is of a duration sufficient to ensure that— 

(i) the cost to the State of the project that will be carried out is less 

than the estimated cost to construct the project without the warranty 

plus the estimated costs that would be incurred by the State and that 

would otherwise be covered during the proposed warranty period if a 

warranty were in effect; and 

(ii) the estimated cost to road users during the warranty period is 

less than such estimated cost without a warranty. 

(B) In determining the sufficient duration of a long-term limited warranty 

under subparagraph (A), the Secretary shall establish separate sufficient 

durations for different types of projects, such as initial construction, pavement resurfacing and rehabilitation, and pavement markings. 

(C) A requirement that the limited warranty must address, at a minimum— 

55 

(i) the responsibilities of the warranty provider; 

(ii) the responsibilities of the Department of Transportation; 

(iii) the terms of the warranty, including duration and, if applicable, 

traffic volumes and vehicle classification; and 

(iv) performance criteria to be met to determine if maintenance is required. 

(2) FACTORS TO CONSIDER.—In issuing the rule, the Secretary may consider 

the following factors as requirements for the warranty contract for eligibility 

under the pilot program: 

(A) A plan to account for inflation during the warranty period. 

(B) The frequency of performance assessments performed. 

(C) The response time for repairs. 

(D) A plan for emergency repairs. 

(E) Clearly set out limits of liability under the warranty, if any. 

(F) Dispute resolution provisions. 

(G) A severability provision. 

(H) Other provisions the Secretary considers necessary for carrying out 

the program. 

(g) SAVINGS.—Section 112 of title 23, United States Code, shall apply to the 

projects carried out under this section unless the Secretary determines that applying such section to such projects is inconsistent with the provisions of this section. 

(h) REPORTS.—Not later than 5 years after the date of enactment of this Act and 

every year thereafter, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report outlining activities carried out 

under the program and the results of the program. 

SEC. 1503. PRIVATE INVESTMENT STUDY. 

(a) STUDY.—Not later than 6 months after the date of enactment of this Act, the 

Secretary shall enter into an agreement with the National Academy of Sciences to 

conduct a comprehensive study of private investment in surface transportation infrastructure. 

(b) MATTERS TO BE EVALUATED.—Under the agreement, the National Academy of 

Sciences shall evaluate the advantages and disadvantages of private investment in 

surface transportation infrastructure and the impact of such investment on the ability of State and local authorities to use innovative financing, including— 

(1) preconstruction funding requirements; 

(2) integration of private investment in the transportation planning process; 

(3) use of toll revenues by State and local authorities; 

(4) use of toll credits by State and local authorities; 

(5) requirements for debt financing instruments, reimbursable expenses, and 

conditions on payments; 

(6) limitation on fees charged at federally funded fringe and corridor parking 

facilities; 

(7) revenues needed to provide a reasonable rate of return to private investors; 

(8) costs to users of facilities due to imposition of tolls; 

(9) sales-in-lease-out arrangement of transportation assets; and 

(10) such other matters as the Secretary considers appropriate. 

(c) REPORT.— 

(1) TO SECRETARY.—Under the agreement, the National Academy of Sciences 

shall submit to the Secretary a report on the results of the study by such date 

as the Secretary may require. 

(2) TO CONGRESS.—Not later than January 1, 2007, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a copy of the report of the National Academy of Sciences, together with such 

recommendations as the Secretary considers appropriate. 

SEC. 1504. HIGHWAYS FOR LIFE PILOT PROGRAM. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—The Secretary shall establish and implement a pilot program to be known as the ‘‘Highways for LIFE pilot program’’. 

(2) PURPOSE.—The purpose of the pilot program shall be to advance longerlasting highways using innovative technologies and practices to accomplish the 

fast construction of efficient and safe highways and bridges. 

(3) OBJECTIVES.—Under the pilot program, the Secretary shall provide leadership and incentives to demonstrate and promote state-of-the-art technologies, 

elevated performance standards, and new business practices in the highway 

56 

construction process that result in improved safety, faster construction, reduced 

congestion from construction, and improved quality and user satisfaction. 

(b) PROJECTS.— (1) APPLICATIONS.—To be eligible to participate in the pilot program, a State 

shall submit to the Secretary an application that is in such form and contains 

such information as the Secretary requires. Each application shall contain a description of proposed projects to be carried by the State under the pilot program. 

(2) ELIGIBILITY.—A proposed project shall be eligible for assistance under the 

pilot program if the project— 

(A) constructs, reconstructs, or rehabilitates a route or connection on a 

Federal-aid highway eligible for assistance under chapter 1 of title 23, 

United States Code; 

(B) uses innovative technologies, manufacturing processes, financing, or 

contracting methods that improve safety, reduce congestion due to construction, and improve quality; and 

(C) meets additional criteria as determined by the Secretary. 

(3) PROJECT PROPOSAL.—A project proposal submitted under paragraph (1) 

shall contain— 

(A) an identification and description of the projects to be delivered; 

(B) a description of how the projects will result in improved safety, faster 

construction, reduced congestion due to construction, user satisfaction, and 

improved quality; 

(C) a description of the innovative technologies, manufacturing processes, 

financing, and contracting methods that will be used for the proposed 

projects; and 

(D) such other information as the Secretary may require. 

(4) SELECTION CRITERIA.—In selecting projects for approval under this section, 

the Secretary shall ensure that the projects provide an evaluation of a broad 

range of technologies in a wide variety of project types and shall give priority 

to the projects that— 

(A) address achieving the Highways for LIFE performance standards for 

quality, safety, and speed of construction; 

(B) deliver and deploy innovative technologies, manufacturing processes, 

financing, contracting practices, and performance measures that will demonstrate substantial improvements in safety, congestion, quality, and costeffectiveness; 

(C) include innovation that will lead to change in the administration of 

the State’s transportation program to more quickly construct long-lasting, 

high-quality, cost-effective projects that improve safety and reduce congestion; 

(D) are or will be ready for construction within 12 months of approval of 

the project proposal; and 

(E) meet such other criteria as the Secretary determines appropriate. 

(5) FINANCIAL ASSISTANCE.— 

(A) FUNDS FOR HIGHWAYS FOR LIFE PROJECTS.—Out of amounts made 

available to carry out this section for a fiscal year, the Secretary may allocate to a State up to 20 percent, but not more than $15,000,000, of the total 

cost of a project approved under this section. Notwithstanding any other 

provision of law, funds allocated to a State under this subparagraph may 

be applied to the non-Federal share of the cost of construction of a project 

under title 23, United States Code. 

(B) USE OF APPORTIONED FUNDS.—A State may obligate not more than 10 

percent of the amount apportioned to the State under 1 or more of paragraphs (1), (2), (3), and (4) of section 104(b) of title 23, United States Code, 

for a fiscal year for projects approved under this section. 

(C) INCREASED FEDERAL SHARE.—Notwithstanding sections 120 and 129 of 

title 23, United States Code, the Federal share payable on account of any 

project constructed with Federal funds allocated under this section, or apportioned under section 104(b) of such title, to a State under such title and 

approved under this section may amount to 100 percent of the cost of construction of such project. 

(D) LIMITATION ON STATUTORY CONSTRUCTION.—Except as provided in 

subparagraph (C), nothing in this subsection shall be construed as altering 

or otherwise affecting the applicability of the requirements of chapter 1 of 

title 23, United States Code (including requirements relating to the eligibility of a project for assistance under the program and the location of the 

project), to amounts apportioned to a State for a program under section 

104(b) that are obligated by the State for projects approved under this subsection. 

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(6) PROJECT SELECTIONS.—In the period of fiscal years 2005 through 2009, the 

Secretary shall approve at least one project in each State for participation in 

the pilot program and for financial assistance under paragraph (5) if the State 

submits an application and the project meets the eligibility requirements and 

selection criteria under this subsection. 

(c) TECHNOLOGY PARTNERSHIPS.— 

(1) IN GENERAL.—The Secretary may make grants or enter into cooperative 

agreements or other transactions to foster the development, improvement, and 

creation of innovative technologies and facilities to improve safety, enhance the 

speed of highway construction, and improve the quality and durability of highways. 

(2) FEDERAL SHARE.—The Federal share of the cost of an activity carried out 

under this subsection shall not exceed 80 percent. 

(d) TECHNOLOGY TRANSFER AND INFORMATION DISSEMINATION.— 

(1) IN GENERAL.—The Secretary shall conduct a Highways for LIFE technology transfer program. 

(2) AVAILABILITY OF INFORMATION.—The Secretary shall ensure that the information and technology used, developed, or deployed under this subsection is 

made available to the transportation community and the public. 

(e) STAKEHOLDER INPUT AND INVOLVEMENT.—The Secretary shall establish a process for stakeholder input and involvement in the development, implementation, and 

evaluation of the Highways for LIFE pilot program. The process may include participation by representatives of State departments of transportation and other interested persons. 

(f) PROJECT MONITORING AND EVALUATION.—The Secretary shall monitor and 

evaluate the effectiveness of any activity carried out under this section. 

(g) CONTRACT AUTHORITY.—Funds authorized to be appropriated to carry out this 

section shall be available for obligation in the same manner as if the funds were 

apportioned under chapter 1 of title 23, United States Code. 

(h) STATE DEFINED.—In this section, the term ‘‘State’’ has the meaning such term 

has under section 101(a) of title 23, United States Code. 

Subtitle F—Finance 

SEC. 1601. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT. 

(a) DEFINITIONS.—Section 181 of title 23, United States Code, is amended— 

(1) in paragraph (3)— 

(A) by striking ‘‘category’’; and 

(B) by striking ‘‘offered into the capital markets’’; 

(2) by striking paragraph (7); 

(3) by redesignating paragraphs (8) through (15) as paragraphs (7) through 

(14), respectively; 

(4) by striking the period at the end of paragraph (8)(B) (as so redesignated) 

and inserting a semicolon; and 

(5) in paragraph (10) (as so redesignated) by striking ‘‘bond’’ and inserting 

‘‘credit’’. 

(b) DETERMINATION OF ELIGIBILITY.—Section 182(a) of such title is amended— 

(1) by striking paragraphs (1) and (2) and inserting the following: 

‘‘(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, a 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.’’; 

(2) in paragraph (3)(A)(i) by striking ‘‘$100,000,000’’ and inserting 

‘‘$50,000,000’’; 

(3) in paragraph (3)(B) by striking ‘‘$30,000,000’’ and inserting ‘‘$15,000,000’’; 

and 

(4) in paragraph (4)— 

(A) by striking ‘‘Project financing’’ and inserting ‘‘The Federal credit instrument’’; and 

(B) by inserting before the period at the end ‘‘that also secure the project 

obligations’’. 

(c) PROJECT SELECTION.—Section 182(b) of such title is amended— 

(1) in paragraph (1) by striking ‘‘criteria’’ the second place it appears and inserting ‘‘requirements’’; and 

58 

(2) in paragraph (2)(B) by inserting ‘‘, which may be the Federal credit instrument,’’ after ‘‘obligations’’. 

(d) SECURED LOANS.— (1) AGREEMENTS.—Section 183(a)(1) of such title is amended— 

(A) in each of subparagraphs (A) and (B) by inserting ‘‘of any project selected under section 602’’ after ‘‘costs’’; and 

(B) by striking the semicolon at the end of subparagraph (B) and all that 

follows through ‘‘under section 602’’. 

(2) INVESTMENT-GRADE RATING REQUIREMENT.—Section 183(a)(4) of such title 

is amended— 

(A) by striking ‘‘The funding’’ and inserting ‘‘The execution’’; and 

(B) by striking the first comma and all that follows through ‘‘1 rating 

agency’’. 

(3) TERMS AND LIMITATIONS.—Section 183(b) of such title is amended— 

(A) in paragraph (2) by inserting ‘‘the lesser of’’ after ‘‘exceed’’; 

(B) in paragraph (2) by inserting ‘‘or the amount of the senior project obligations’’ after ‘‘costs’’; 

(C) in paragraph (3)(A)(i) by inserting ‘‘that also secure the senior project 

obligations’’ after ‘‘sources’’; and 

(D) in paragraph (4) by striking ‘‘marketable’’. 

(4) REPAYMENT.—Section 183(c) is amended— 

(A) by striking paragraph (3); and 

(B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. 

(e) LINES OF CREDIT.— (1) TERMS AND LIMITATIONS.—Section 184(b) of such title is amended— 

(A) in paragraph (3)— 

(i) by striking the first comma; and 

(ii) by striking ‘‘any debt service reserve fund, and any other available reserve’’ and inserting ‘‘but not including reasonably required financing reserves’’; 

(B) in paragraph (4)— 

(i) by striking ‘‘marketable’’; 

(ii) by striking ‘‘on which’’ and inserting ‘‘of execution of’’; and 

(iii) by striking ‘‘is obligated’’ and inserting ‘‘agreement’’; and 

(C) in paragraph (5)(A)(i) by inserting ‘‘that also secure the senior project 

obligations’’ after ‘‘sources’’; and 

(2) REPAYMENT.—Section 184(c) of such title is amended— 

(A) in paragraph (2)— 

(i) by striking ‘‘scheduled’’; 

(ii) by inserting ‘‘be scheduled to’’ after ‘‘shall’’; and 

(iii) by striking ‘‘be fully repaid, with interest,’’ and inserting ‘‘conclude, with full repayment of principal and interest,’’; and 

(B) by striking paragraph (3). 

(f) PROGRAM ADMINISTRATION.—Section 185 of such title is amended to read as follows: 

‘‘§ 185. Program administration 

‘‘(a) REQUIREMENT.—The Secretary shall establish a uniform system to service the 

Federal credit instrument made available under this chapter. 

‘‘(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 instrument. 

‘‘(c) SERVICES.—The Secretary may identify a financial entity to assist the Secretary in servicing a Federal credit instrument. The services— 

‘‘(1) shall act as the agent for the Secretary; and 

‘‘(2) shall receive a servicing fee, subject to approval by the Secretary. 

‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may retain the services of 

one or more expert firms, including counsel, in the field of municipal and project 

finance to assist in the underwriting and servicing of Federal credit instruments.’’. 

(g) FUNDING.—Section 188 of such title is amended to read as follows: 

‘‘§ 188. Funding 

‘‘(a) FUNDING.— 

‘‘(1) IN GENERAL.—There are authorized to be appropriated from the Highway 

Trust Fund (other than the Mass Transit Account) $130,000,000 for fiscal year 

2004 and $140,000,000 for each of fiscal years 2005 through 2009 to carry out 

this chapter. 

‘‘(2) ADMINISTRATIVE COSTS.—From funds made available under paragraph 

(1), the Secretary may use, for the administration of this subchapter, not more 

than $3,000,000 for each of fiscal years 2004 through 2009. 

59 

‘‘(3) 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 chapter shall be deemed to be acceptance by the United States of 

a contractual obligation to fund the Federal credit instrument. 

‘‘(2) AVAILABILITY.—Amounts authorized under this section for a fiscal year 

shall be available for obligation on October 1 of the fiscal year. 

‘‘(c) LIMITATIONS ON CREDIT AMOUNTS.—For each of fiscal years 2004 through 

2009, principal amounts of Federal credit instruments made available under this 

chapter shall be limited to $2,600,000,000.’’. 

SEC. 1602. STATE INFRASTRUCTURE BANKS. 

(a) IN GENERAL.—Section 189 of title 23, United States Code, is amended to read 

as follows: 

‘‘§ 189. State infrastructure bank program 

‘‘(a) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) CAPITAL PROJECT.—The term ‘capital project’ has the meaning such term 

has under section 5302 of title 49, United States Code. 

‘‘(2) OTHER FORMS OF CREDIT ASSISTANCE.—The term ‘other forms of credit assistance’ includes any use of funds in an infrastructure bank— 

‘‘(A) to provide credit enhancements; 

‘‘(B) to serve as a capital reserve for bond or debt instrument financing; 

‘‘(C) to subsidize interest rates; 

‘‘(D) to insure or guarantee letters of credit and credit instruments 

against credit risk of loss; 

‘‘(E) to finance purchase and lease agreements with respect to transit 

projects; 

‘‘(F) to provide bond or debt financing instrument security; and 

‘‘(G) to provide other forms of debt financing and methods of leveraging 

funds that are approved by the Secretary and that relate to the project with 

respect to which such assistance is being provided. 

‘‘(3) STATE.—The term ‘State’ has the meaning such term has under section 

401 of this title. 

‘‘(4) CAPITALIZATION.—The term ‘capitalization’ means the process used for depositing funds as initial capital into a State infrastructure bank to establish the 

infrastructure bank. 

‘‘(5) COOPERATIVE AGREEMENT.—The term ‘cooperative agreement’ means 

written consent between a State and the Secretary which sets forth the manner 

in which the infrastructure bank established by the State in accordance with 

this section will be administered. 

‘‘(6) LOAN.—The term ‘loan’ means any form of direct financial assistance 

from a State infrastructure bank that is required to be repaid over a period of 

time and that is provided to a project sponsor for all or part of the costs of the 

project. 

‘‘(7) GUARANTEE.—The term ‘guarantee’ means a contract entered into by a 

State infrastructure bank in which the bank agrees to take responsibility for 

all or a portion of a project sponsor’s financial obligations for a project under 

specified conditions. 

‘‘(8) INITIAL ASSISTANCE.—The term ‘initial assistance’ means the first round 

of funds that are loaned or used for credit enhancement by a State infrastructure bank for projects eligible for assistance under this section. 

‘‘(9) LEVERAGE.—The term ‘leverage’ means a financial structure used to increase funds in a State infrastructure bank through the issuance of debt instruments. 

‘‘(10) LEVERAGED.—The term ‘leveraged’, as used with respect to a State infrastructure bank, means that the bank has total potential liabilities that exceed 

the capital of the bank. 

‘‘(b) COOPERATIVE AGREEMENTS.—Subject to the provisions of this section, the Secretary may enter into cooperative agreements with States for the establishment of 

State infrastructure banks for making loans and providing other forms of credit assistance to public and private entities carrying out or proposing to carry out projects 

eligible for assistance under this section. 

‘‘(d) FUNDING.— 

‘‘(1) HIGHWAY ACCOUNT.—Subject to subsection (j), the Secretary may permit 

a State entering into a cooperative agreement under this section to establish a 

State infrastructure bank to deposit into the highway account of the bank not 

to exceed— 

60 

‘‘(A) 10 percent of the funds apportioned to the State for each of fiscal 

years 2005 through 2009 under each of sections 104(b)(1), 104(b)(3), 

104(b)(4), and 144; and 

‘‘(B) 10 percent of the funds allocated to the State for each of such fiscal 

years under section 105. 

‘‘(2) TRANSIT ACCOUNT.—Subject to subsection (j), the Secretary may permit 

a State entering into a cooperative agreement under this section to establish a 

State infrastructure bank, and any other recipient of Federal assistance under 

section 5307, 5309, or 5311 of title 49, to deposit into the transit account of the 

bank not to exceed 10 percent of the funds made available to the State or other 

recipient in each of fiscal years 2005 through 2009 for capital projects under 

each of such sections. 

‘‘(3) RAIL ACCOUNT.—Subject to subsection (j), the Secretary may permit a 

State entering into a cooperative agreement under this section to establish a 

State infrastructure bank, and any other recipient of Federal assistance under 

subtitle V of title 49, to deposit into the rail account of the bank funds made 

available to the State or other recipient in each of fiscal years 2005 through 

2009 for capital projects under such subtitle. 

‘‘(4) CAPITAL GRANTS.— 

‘‘(A) HIGHWAY ACCOUNT.—Federal funds deposited into a highway account 

of a State infrastructure bank under paragraph (1) shall constitute for purposes of this section a capitalization grant for the highway account of the 

bank. 

‘‘(B) TRANSIT ACCOUNT.—Federal funds deposited into a transit account of 

a State infrastructure bank under paragraph (2) shall constitute for purposes of this section a capitalization grant for the transit account of the 

bank. 

‘‘(C) RAIL ACCOUNT.—Federal funds deposited into a rail account of a 

State infrastructure bank under paragraph 3 shall constitute for purposes 

of this section a capitalization grant for the rail account of the bank. 

‘‘(5) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000.—Funds in a State 

infrastructure bank that are attributed to urbanized areas of a State with urbanized populations of over 200,000 under section 133(d)(3) may be used to provide assistance with respect to a project only if the metropolitan planning organization designated for such area concurs, in writing, with the provision of such 

assistance. 

‘‘(6) DISCONTINUANCE OF FUNDING.—If the Secretary determines that a State 

is not implementing the State’s infrastructure bank in accordance with a cooperative agreement entered into under subsection (b), the Secretary may prohibit 

the State from contributing additional Federal funds to the bank. 

‘‘(e) FORMS OF ASSISTANCE FROM INFRASTRUCTURE BANKS.—An infrastructure 

bank established under this section may make loans or provide other forms of credit 

assistance to a public or private entity in an amount equal to all or a part of the 

cost of carrying out a project eligible for assistance under this section. The amount 

of any loan or other form of credit assistance provided for the project may be subordinated to any other debt financing for the project. Initial assistance provided with 

respect to a project from Federal funds deposited into an infrastructure bank under 

this section may not be made in the form of a grant. 

‘‘(f) ELIGIBLE PROJECTS.—Subject to subsection (e), funds in an infrastructure 

bank established under this section may be used only to provide assistance for 

projects eligible for assistance under this title and capital projects defined in section 

5302 of title 49, and any other projects related to surface transportation that the 

Secretary determines to be appropriate. 

‘‘(g) INFRASTRUCTURE BANK REQUIREMENTS.—In order to establish an infrastructure bank under this section, the State establishing the bank shall— 

‘‘(1) deposit in cash, at a minimum, into each account of the bank from nonFederal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and deposited into such account; except that, if 

the deposit is into the highway account of the bank and the State has a nonFederal share under section 120(b) that is less than 25 percent, the percentage 

to be deposited from non-Federal sources shall be the lower percentage of such 

grant; 

‘‘(2) ensure that the bank maintains on a continuing basis an investment 

grade rating on its debt, or has a sufficient level of bond or debt financing instrument insurance, to maintain the viability of the bank; 

‘‘(3) ensure that investment income derived from funds deposited to an account of the bank are— 

‘‘(A) credited to the account; 

61 

‘‘(B) available for use in providing loans and other forms of credit assistance to projects eligible for assistance from the account; and 

‘‘(C) invested in United States Treasury securities, bank deposits, or such 

other financing instruments as the Secretary may approve to earn interest 

to enhance the leveraging of projects assisted by the bank; 

‘‘(4) ensure that any loan from the bank will bear interest at or below market 

interest rates, as determined by the State, to make the project that is the subject of the loan feasible; 

‘‘(5) ensure that repayment of any loan from the bank will commence not later 

than 5 years after the project has been completed or, in the case of a highway 

project, the facility has opened to traffic, whichever is later; 

‘‘(6) ensure that the term for repaying any loan will not exceed 30 years after 

the date of the first payment on the loan; and 

‘‘(7) require the bank to make an annual report to the Secretary on its status 

no later than September 30 of each year and such other reports as the Secretary 

may require under guidelines issued to carry out this section. 

‘‘(i) UNITED STATES NOT OBLIGATED.—The deposit of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, 

nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt-financing instrument issued 

by the infrastructure bank shall expressly state that the security or instrument does 

not constitute a commitment, guarantee, or obligation of the United States. 

‘‘(j) MANAGEMENT OF FEDERAL FUNDS.—Sections 3335 and 6503 of title 31, shall 

not apply to funds deposited into an infrastructure bank under this section. 

‘‘(k) PROGRAM ADMINISTRATION.—For each of fiscal years 2005 through 2009, a 

State may expend not to exceed 2 percent of the Federal funds contributed to an 

infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank.’’. 

(b) PREPARATORY AMENDMENTS.— (1) SECTION 181.—Section 181 of such title is further amended— 

(A) by striking the section designator and heading and inserting the following: 

‘‘§ 181. Generally applicable provisions’’; 

(B) by striking ‘‘In this subchapter’’ and inserting ‘‘(a) DEFINITIONS.—In 

this chapter’’; 

(C) in paragraph (5) by striking ‘‘184’’ and inserting ‘‘604’’; 

(D) in paragraph (11) (as redesignated by section 1601(a) of this Act) by 

striking ‘‘183’’ and inserting ‘‘603’’; and 

(E) by adding at the end the following: 

‘‘(b) TREATMENT OF CHAPTER.—For purposes of this title, this chapter shall be 

treated as being part of chapter 1.’’. 

(2) SECTION 182.—Section 182(b)(2)(A)(viii) of such title is further amended by 

inserting ‘‘and chapter 1’’ after ‘‘this chapter’’. 

(3) SECTION 183.—Section 183(a) of such title is further amended— 

(A) in paragraph (1) by striking ‘‘182’’ and inserting ‘‘602’’; and 

(B) in paragraph (3) by striking ‘‘182(b)(2)(B)’’ and inserting 

‘‘602(b)(2)(B)’’. 

(4) SECTION 184.—Section 184 of such title is further amended— 

(A) in subsection (a)(1) by striking ‘‘182’’ and inserting ‘‘602’’; 

(B) in subsection (a)(3) by striking ‘‘182(b)(2)(B)’’ and inserting 

‘‘602(b)(2)(B)’’; and 

(C) in subsection (b)(10) by striking ‘‘183’’ and inserting ‘‘603’’. 

(5) REFERENCES IN SUBCHAPTER.—Subchapter II of chapter 1 of such title is 

amended by striking ‘‘this subchapter’’ each place it appears and inserting ‘‘this 

chapter’’. 

(6) SUBCHAPTER HEADINGS.—Chapter 1 of such title is further amended— 

(A) by striking ‘‘subchapter i—general provisions’’ preceding section 101; 

and 

(B) by striking ‘‘subchapter ii—infrastructure finance’’ preceding section 

181. 

(c) CHAPTER 6.—Such title is further amended by adding at the end the following: 

‘‘CHAPTER 6—INFRASTRUCTURE FINANCE

‘‘Sec. 

‘‘601. Generally applicable provisions. 

‘‘602. Determination of eligibility and project selection. 

‘‘603. Secured loans. 

‘‘604. Lines of credit. 

‘‘605. Program administration. 

62 

‘‘606. State and local permits. 

‘‘607. Regulations. 

‘‘608. Funding. 

‘‘609. State infrastructure bank program.’’. 

(d) MOVING AND REDESIGNATING.—Such title is further amended— 

(1) by redesignating sections 181 through 189 as sections 601 through 609, 

respectively; 

(2) by moving such sections from chapter 1 to chapter 6 (as added by subsection (c)); and 

(3) by inserting such sections after the analysis for chapter 6. 

(e) ANALYSIS FOR CHAPTER 1 AND TABLE OF CHAPTERS.— (1) ANALYSIS FOR CHAPTER 1.—The analysis for chapter 1 of such title is 

amended— 

(A) by striking the headings for subchapters I and II; and 

(B) by striking the items relating to sections 181 through 189. 

(2) TABLE OF CHAPTERS.—The table of chapters for such title is amended by 

inserting after the item relating to chapter 5 the following: 

‘‘6. Infrastructure Finance .................................................................................................................................... 601’’. 

SEC. 1603. INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION TOLL PILOT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish and implement an Interstate 

System reconstruction and rehabilitation toll 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 the facility. 

(b) LIMITATION ON NUMBER OF FACILITIES.—The Secretary may permit the collection of tolls under this section on 3 facilities on the Interstate System. Each of such 

facilities shall be located in a different State. 

(c) 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: 

(1) 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. 

(2) In the case of a facility that affects a metropolitan area, an assurance that 

the metropolitan planning organization designated under chapter 52 of title 49, 

United States Code, for the area has been consulted concerning the placement 

and amount of tolls on the facility. 

(3) An analysis demonstrating that financing the reconstruction or rehabilitation of the facility with the collection of tolls under the pilot program is the 

most efficient and economical way to advance the project. 

(4) A facility management plan that includes— 

(A) a plan for implementing the imposition of tolls on the facility; 

(B) a schedule and finance plan for the reconstruction or rehabilitation 

of the facility using toll revenues; 

(C) a description of the public transportation agency that will be responsible for implementation and administration of the pilot program; 

(D) 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 

(E) such other information as the Secretary may require. 

(d) SELECTION CRITERIA.—The Secretary may approve the application of a State 

under subsection (c) only if the Secretary determines that— 

(1) the State’s analysis under subsection (c)(3) is reasonable; 

(2) the facility has a sufficient intensity of use, age, or condition to warrant 

the collection of tolls; 

(3) the State plan for implementing tolls on the facility takes into account the 

interests of local, regional, and interstate travelers; 

(4) the State plan for reconstruction or rehabilitation of the facility using toll 

revenues is reasonable; 

(5) the State will develop, manage, and maintain a system that will automatically collect the tolls; 

(6) in developing the State plan for implementing tolls on the facility, the 

State includes a program to permit low income drivers to pay a reduced toll 

amount; and 

(7) 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. 

(e) PROHIBITION ON NONCOMPETE AGREEMENTS.—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 the State will not enter into an agreement 

63 

with a private person under which the State is prevented from improving or expanding the capacity of public roads adjacent to the toll facility to address conditions resulting from traffic diverted to such roads from the toll facility, including— 

(1) excessive congestion; 

(2) pavement wear; and 

(3) an increased incidence of traffic accidents, injuries, or fatalities. 

(f) 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— 

(1) all toll revenues received from operation of the toll facility will be used 

only for— 

(A) debt service; 

(B) reasonable return on investment of any private person financing the 

project; and 

(C) 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 

(2) regular audits will be conducted to ensure compliance with paragraph (1) 

and the results of such audits will be transmitted to the Secretary. 

(g) 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. 

(h) PROGRAM TERM.—The Secretary may approve an application of a State for permission to collect a toll under this section only if the application is received by the 

Secretary before the last day of the 10-year period beginning on the date of enactment of this Act. 

(i) INTERSTATE SYSTEM DEFINED.—In this section, the term ‘‘Interstate System’’ 

has the meaning such term has under section 101 of title 23, United States Code. 

(j) REPORT.—Not later than September 30, 2011, the Secretary shall transmit to 

the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report 

on traffic congestion on, pavement wear of, and incidence of accidents, injuries, and 

fatalities on public roads adjacent to toll facilities established under this section and 

section 1604. 

(k) REPEAL.—Section 1216(b) of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note; 112 Stat. 212) is repealed. 

SEC. 1604. INTERSTATE SYSTEM CONSTRUCTION TOLL PILOT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish and implement an Interstate 

System construction toll pilot program under which the Secretary, notwithstanding 

sections 129 and 301 of title 23, United States Code, may permit a State or an interstate compact of States to collect tolls on a highway, bridge, or tunnel on the Interstate System for the purpose of constructing Interstate highways. 

(b) LIMITATION ON NUMBER OF FACILITIES.—The Secretary may permit the collection of tolls under this section on 3 facilities on the Interstate System. 

(c) 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: 

(1) An identification of the facility on the Interstate System proposed to be 

a toll facility. 

(2) In the case of a facility that affects a metropolitan area, an assurance that 

the metropolitan planning organization designated under chapter 52 of title 49, 

United States Code, for the area has been consulted concerning the placement 

and amount of tolls on the facility. 

(3) An analysis demonstrating that financing the construction of the facility 

with the collection of tolls under the pilot program is the most efficient and economical way to advance the project. 

(4) A facility management plan that includes— 

(A) a plan for implementing the imposition of tolls on the facility; 

(B) a schedule and finance plan for the construction of the facility using 

toll revenues; 

(C) a description of the public transportation agency that will be responsible for implementation and administration of the pilot program; 

(D) 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 

(E) such other information as the Secretary may require. 

(d) SELECTION CRITERIA.—The Secretary may approve the application of a State 

under subsection (c) only if the Secretary determines that— 

64 

(1) the State’s analysis under subsection (c)(3) is reasonable; 

(2) the State plan for implementing tolls on the facility takes into account the 

interests of local, regional, and interstate travelers; 

(3) the State plan for construction of the facility using toll revenues is reasonable; 

(4) the State will develop, manage, and maintain a system that will automatically collect the tolls; 

(5) in developing the State plan for implementing tolls on the facility, the 

State includes a program to permit low-income drivers to pay a reduced toll 

amount; and 

(6) 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. 

(e) PROHIBITION ON NONCOMPETE AGREEMENTS.—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 the State will not enter into an agreement 

with a private person under which the State is prevented from improving or expanding the capacity of public roads adjacent to the toll facility to address conditions resulting from traffic diverted to such roads from the toll facility, including— 

(1) excessive congestion; 

(2) pavement wear; and 

(3) an increased incidence of traffic accidents, injuries, or fatalities. 

(f) 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— 

(1) all toll revenues received from operation of the toll facility will be used 

only for— 

(A) debt service; 

(B) reasonable return on investment of any private person financing the 

project; and 

(C) 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 

(2) regular audits will be conducted to ensure compliance with paragraph (1) 

and the results of such audits will be transmitted to the Secretary. 

(g) 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. 

(h) PROGRAM TERM.—The Secretary may approve an application of a State for permission to collect a toll under this section only if the application is received by the 

Secretary before the last day of the 10-year period beginning on the date of enactment of this Act. 

(i) INTERSTATE SYSTEM DEFINED.—In this section, the term ‘‘Interstate System’’ 

has the meaning such term has under section 101 of title 23, United States Code. 

SEC. 1605. SPECIAL RULES RELATING TO STATE INFRASTRUCTURE BANK PROGRAM. 

(a) INTERSTATE COMPACTS.—Section 189 of title 23, United States Code, as 

amended by section 1602(a) of this Act, is amended by inserting after subsection (b) 

the following: 

‘‘(c) INTERSTATE COMPACTS.— 

‘‘(1) IN GENERAL.—Congress grants consent to 2 or more of the States, entering into a cooperative agreement under subsection (a) with the Secretary for the 

establishment by such States of a multi-State infrastructure bank in accordance 

with this section, to enter into an interstate compact establishing such bank in 

accordance with this section. 

‘‘(2) RESERVATION OF RIGHTS.—The right to alter, amend or repeal interstate 

compacts entered into under this subsection is expressly reserved.’’. 

(b) APPLICABILITY OF FEDERAL LAW.—Section 189 of title 23, United States Code, 

as amended by section 1602(a) of this Act, is further amended by inserting after 

subsection (g) the following: 

‘‘(h) APPLICABILITY OF FEDERAL LAW.— 

‘‘(1) IN GENERAL.—The requirements of this title and title 49 that would otherwise apply to funds made available under this title or such title and projects 

assisted with those funds shall apply to— 

‘‘(A) funds made available under this title or such title and contributed 

to an infrastructure bank established under this section, including the nonFederal contribution required under subsection (g); and 

‘‘(B) projects assisted by the bank through the use of the funds; 

65 

except to the extent that the Secretary determines that any requirement of such 

title (other than sections 113 and 114 of this title and section 5333 of title 49), 

is not consistent with the objectives of this section. 

‘‘(2) REPAYMENTS.—The requirements of this title and title 49 shall apply to 

repayments from non-Federal sources to an infrastructure bank from projects 

assisted by the bank. Such a repayment shall be considered to be Federal 

funds.’’. 

Subtitle G—High Priority Projects 

SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM. 

(a) AUTHORIZATION OF HIGH PRIORITY PROJECTS.—Section 117(a) of title 23, 

United States Code, is amended by striking ‘‘1602 of the Transportation Equity Act 

for the 21st Century’’ and inserting ‘‘1701 of the Transportation Equity Act: A Legacy for Users’’. 

(b) ALLOCATION PERCENTAGES.—Section 117(b) of such title is amended by striking paragraphs (1) through (6) and inserting the following: 

‘‘(1) 22.4 percent of such amount shall be available for obligation beginning 

in fiscal year 2005; 

‘‘(2) 20.2 percent of such amount shall be available for obligation beginning 

in fiscal year 2006; 

‘‘(3) 19.3 percent of such amount shall be available for obligation beginning 

in fiscal year 2007; 

‘‘(4) 19.7 percent of such amount shall be available for obligation beginning 

in fiscal year 2008; and 

‘‘(5) 18.4 percent of such amount shall be available for obligation beginning 

in fiscal year 2009.’’. 

(c) FEDERAL SHARE.—Section 117(c) of such title is amended by striking ‘‘; except’’ 

and all that follows through ‘‘cost thereof’’. 

(d) ADVANCE CONSTRUCTION.—Section 117(e) of such title is amended by striking 

‘‘1602 of the Transportation Equity Act for the 21st Century’’ each place it appears 

and inserting ‘‘1701 of the Transportation Equity Act: A Legacy for Users’’. 

(e) AVAILABILITY OF OBLIGATION LIMITATION.—Section 117(g) of such title is 

amended by striking ‘‘Transportation Equity Act for the 21st Century’’ and inserting 

‘‘Transportation Equity Act: A Legacy for Users’’. 

(f) FEDERAL-STATE RELATIONSHIP.—Section 145(b) of such title is amended— 

(1) by inserting after ‘‘described in’’ the following: ‘‘section 1702 of the Transportation Equity Act: A Legacy for Users,’’; 

(2) by inserting after ‘‘for such projects by’’ the following: ‘‘section 1101(a)(17) 

of the Transportation Equity Act: A Legacy for Users,’’; and 

(3) by striking ‘‘117 of title 23, United States Code,’’ and inserting ‘‘section 

117 of this title,’’. 

SEC. 1702. PROJECT AUTHORIZATIONS. 

Subject to section 117 of title 23, United States Code, the amount listed for each 

high priority project in the following table shall be available (from amounts made 

available by section 1101(a)(17) of the Transportation Equity Act: A Legacy for 

Users) for fiscal years 2005 through 2009 to carry out each such project: 

66 

HIGH PRIORITY PROJECTS 

No. State Project Description Amount 

1 CA Construct safe access to streets for bicyclists and pedestrians including crosswalks, sidewalks and traffic calming measures, Covina .................................... $500,000 

2 CA Develop and implement ITS master plan in Anaheim .... $1,500,000 

3 TN Improve circuitry on vehicle protection device installed 

at highway-RR crossing in Athens, TN ...................... $59,000 

4 CA Builds a pedestrian bridge from Hiller Street to the 

Bay Trail, Belmont ...................................................... $2,450,000 

5 OH Renovate and expand National Packard Museum and 

adjacent historic Packard facilities ............................ $3,000,000 

6 IL Land acquisition for the widening of Rt. 47 in 

Yorkville, IL .................................................................. $1,000,000 

7 NE Interstate 80 Interchange at Pflug Road, Sarpy County, 

Nebraska ..................................................................... $1,400,000 

8 TX Construction of Segment #1 of Morrison Road for the 

City of Brownsville ...................................................... $2,000,000 

9 MI I-96 at Latson Road Interchange Improvements ............ $6,000,000 

10 IL Preconstruction and Construction of IL 83 at IL 132 .... $1,000,000 

11 TN Add third lane on US-27 (State Route 29) for truckclimbing lane and realignment of roadway at Wolf 

Creek Road to Old US-27 north of Robbins ............... $6,000,000 

12 MI Reconfiguration of US-31 from the Manistee Basquel 

Bridge to Lincoln Street in the city of Manistee ........ $750,000 

13 AR Bentonville, Arkansas—widen and improve I-540 and 

SH-102 Interchange .................................................... $1,420,000 

14 WA 41st St. Interstate 5 Interchange Project in Everett ...... $2,600,000 

15 CA Reconstruct and deep-lift asphalt on various roads 

throughout the district in Santa Barbara County ...... $4,644,000 

16 OK Improving the I-35 Interchange at Milepost 1 Near 

Thackerville ................................................................. $2,000,000 

17 NJ Laurel Avenue Bridge replacement in Holmdel Township $1,000,000 

18 OH Construct overpass over CSX Railroad on Columbia 

Road (State Route 252), Olmsted Falls ..................... $460,000 

19 TN Reconstruct and widen US-72 from south of State 

Route 175 to State Route 57, Shelby County ............ $1,000,000 

20 NY Construct roundabout at Oregon Road-Westbrook DrRed Mill Road in Town of Cortlandt ........................... $475,000 

21 IL Construct Bike, Pedestrian Paths, Orland Hills .............. $400,000 

22 PA Construct I-79/Rte 3025 missing ramps at Jackson 

Township, PA ............................................................... $1,150,000 

67 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

23 PR Construction of PR 833 to PR 831. PR 831 to PR 5. 

Bridge #667 PR 830, KM 2.40 PR 5 connector from 

PR 167 to intersation with PR 5 and Las Cumbres 

Ave ............................................................................... $6,000,000 

24 TX Extension of SH349 to US 87 Relief Route in Dawson 

County ......................................................................... $2,500,000 

25 IL Parking facility in Peoria, IL ........................................... $1,000,000 

26 IL Construct Interchange on Interstate 255 at Dupo/Columbia ......................................................................... $19,000,000 

27 MN Construction and right-of-way acquisition for interchange at TH65 and TH242 in Blaine, MN ................ $4,000,000 

28 CA Huntington Beach, Remove off-ramp on I-405 at Beach 

Blvd. Construct fourth lane on I-405 North, at the 

Beach Blvd. interchange ............................................. $500,000 

29 TN Addition of an interchange on I-40 in Roane County at 

Buttermilk Road and I-40 ........................................... $3,000,000 

30 NY Purchase Three Ferries and Establish System for Ferry 

Service from Rockaway Peninsula to Manhattan ....... $15,000,000 

31 IL Reconstruction of Mockingbird Lane and Stratford St, 

Granite City ................................................................. $1,500,000 

32 FL Construction a new multi-lane tunnel below the channel to link the Port of Miami on Dodge Island with 

I-395 on Watson Island and I-95 in Downtown 

Miami .......................................................................... $500,000 

33 MD Rehabilitation of West Baltimore Trail and Implementation of Pedestrian Improvements Along Associated 

Roadways .................................................................... $900,000 

34 TN Removal and Reconfiguration of Interstate Ramps—I240, Memphis ............................................................. $3,000,000 

35 CA Replace structurally unsafe Winters Bridge for vehicles, 

bicycles and pedestrians between Yolo and Solano 

Counties ...................................................................... $2,000,000 

36 IL City of Havana, Illinois Upgrades to Broadway Street ... $952,572 

37 MN Construction of Gitchi-Gami State Trail from Cascade 

River to Grand Marais ................................................ $900,000 

38 LA Develop master transportation plan for the New Orleans Regional Medical Center ...................................... $500,000 

39 VA Final Design and Construction for improvements at I64 and City Line Road, Virginia Beach and Chesapeake ........................................................................... $1,000,000 

40 MA Replacement of Cross Street Bridge spanning flood 

prone Aberjona River, Winchester ............................... $1,000,000 

68 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

41 NC Construction of and improvement to I-73, I-74, US 220 

in Montgomery and Randolph Counties, NC .............. $11,000,000 

42 IA Access and enhancements to access Lake Belva Deer, 

Sigourney ..................................................................... $1,000,000 

43 CA Roadway surface improvements, street lighting, and 

storm drain improvements to South Center Street 

from Baughman Road to State Route 78/86, 

Westmorland ................................................................ $800,000 

44 TX Construct two connectors between SH 288 and Beltway 

8 .................................................................................. $5,000,000 

45 NY Implement Central NY highway grade crossing and 

grade separation project ............................................. $2,000,000 

46 CA Douglas St. Improvements, El Segundo .......................... $4,000,000 

47 MA Reconstruction of Massachusetts Avenue including 

safety improvements and related pedestrian, bike 

way in Arlington .......................................................... $2,000,000 

48 NY Reconstruction of Rt 5,8,12 (North South Arterial) 

Burrstone Rd. to Oriskany Circle, City of Utica ......... $1,000,000 

49 OK Construction of Norman highway-rail Grade Separation $1,000,000 

50 PA Construction of the Montour Trail, Great Allegheny Passage ............................................................................. $1,000,000 

51 CA Route 1 San Pedro Creek Bridge replacement in 

Pacifica ....................................................................... $3,000,000 

52 MI South Lyon, 2nd St. between Warren and Haggadorn .... $125,000 

53 PA Street improvements, Abington Township ....................... $2,000,000 

54 IA Study of a direct link to I 80, Pella ............................... $500,000 

55 TN Sweetwater, TN Improving Vehicle Efficiencies at AtGrade highway-railroad Crossings .............................. $96,000 

56 OR Construct bike/pedestrian path, Powers ......................... $440,000 

57 IL IL 6 to I-180—Phase 2 study and land acquisition ..... $2,000,000 

58 FL Construct a new bridge at Indian Street, Martin County $1,000,000 

59 GA Improve sidewalks, upgrade lighting, and add landscaping in downtown Glennville ................................. $500,000 

60 LA Continue planning and construction of the New Orleans 

Regional Planning Commission Mississippi River 

trail in St. John, Plaquemines St. Bernard and St. 

Charles parishes ......................................................... $1,900,000 

61 MO Road widening and curb and gutter improvements on 

Hwy 33 in Kearney ...................................................... $3,000,000 

62 TX The SH146, Port Rd direct connectors allows traffic bypass several rail lines & traffic signals at, near 

intersection of SH146 and Port Rd ............................ $13,200,000 

69 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

63 UT Reconstruct South Moore Cut-off Road in Emery County $4,500,000 

64 PA Improvements to exits along Interstate 81 in Franklin 

County, PA— Antrim Road ......................................... $8,200,000 

65 OH Plan and construct the Southeast Arterial Connector 

highway at Delaware, Ohio ......................................... $5,000,000 

66 TN To construct transportation enhancements on a multifaceted greenway in downtown Columbia on the 

Duck River ................................................................... $8,000,000 

67 RI New Interchange constructed from I-195 to Taunton 

and Warren Avenue in East Providence ..................... $5,800,000 

68 NY Town of Chester reconstruction of Walton Lake Estates 

subdivision and related roads .................................... $80,000 

69 NC Extend M.L. King Jr. Boulevard in Monroe ...................... $2,000,000 

70 NY Town of Fishkill Old Glenham Road (aka Washington 

Ave) reconstruction ..................................................... $325,500 

71 PA U.S. Route 13 Corridor Reconstruction, Redevelopment 

and Beautification, Bucks County .............................. $2,000,000 

72 NY Rochester & Southern Highway-Rail Grade Crossing Bypass, Silver Springs, New York ................................... $1,500,000 

73 IL Upgrade streets in the City of Rushville, IL ................... $1,000,000 

74 MO Construct 2 lanes on Chouteau Trafficway from MO 

210 to I-35 .................................................................. $2,000,000 

75 AZ US 60 to Gonzalez Pass .................................................. $2,000,000 

76 LA Interstate lighting system (I 10 and LA 93) .................. $300,000 

77 GU Reconstruct Haga ̊tn ̃ a River Bridges, Municipality of 

Haga ̊tn ̃ a ....................................................................... $6,600,000 

78 WA SR 704 Cross-Base Highway, Spanaway Loop Road to 

SR 7 ............................................................................ $1,500,000 

79 NY Village of Brewster Main Street and Route 6 related 

construction and improvements ................................. $975,000 

80 PA Design and construct relocation of US 11 between 

Ridge Hill and Hempt Roads ...................................... $5,680,000 

81 VA Improve Route 42 (Main Street) in Bridgewater, Virginia ............................................................................ $500,000 

82 NY Construction of Route 59 Palisades Interstate Parkway 

to Route 303 ............................................................... $1,000,000 

83 IL Improve University Drive, Macomb .................................. $500,000 

84 CA Adams Street Rehabilitation Project, Glendale ............... $388,000 

85 NY Construct grade separation-interchange between Taconic Parkway and Pudding Street ............................. $1,450,000 

86 IA Construction of 100th St interchange on I 35-80, 

Urbandale .................................................................... $1,000,000 

70 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

87 MO Lewis and Clark Expressway ........................................... $2,000,000 

88 PA Mercer County, PA I-79 and PA 208 Interchange Improvement Project ....................................................... $2,000,000 

89 WA Plan to relieve traffic until North-South freeway -HWY 

2 .................................................................................. $550,000 

90 CA San Diego River Multiuse Bicycle and Pedestrian Path $500,000 

91 PA Construction of the Lafayette Street extension project 

in Montgomery County, PA .......................................... $10,400,000 

92 NJ Construct new ramps between I-295 and Route 42 ...... $5,000,000 

93 PA Construct S.R. 29 Wal-mart to River Betterment, Eaton 

Tunkhannock, Wyoming County ................................... $1,700,000 

94 WV Construct Shawnee Parkway ........................................... $1,100,000 

95 FL Improve pedestrian and bicycle sidewalks, lighting, 

and ADA ramps—Main Street, Canal Street, 

Miramar ....................................................................... $600,000 

96 MN Reconstruct CSAH 19 from CSAH 36 to CSAH 2, Morrison County .................................................................. $200,000 

97 TN Develop trails, bike paths and recreational facilities on 

Bird Mountain, Morgan County for Cumberland Trail 

State Park ................................................................... $250,000 

98 MN Lyndale Avenue Bridge, Richfield .................................... $13,000,000 

99 MI Provide a bypass around the Village of Almont during 

M-53 reconstruction which is contiguous with 

Macomb County ........................................................... $100,000 

100 NY Town of Wallkill new construction road-tunnel under 

Rt. 17 .......................................................................... $1,000,000 

101 NY Village of Cold Spring Main Street and ancillary road 

and sidewalk improvements ....................................... $820,000 

102 IL West Ridge Nature Preserve, Chicago ............................. $3,000,000 

103 TN Widen Campbell Station Road in Knoxville, TN .............. $1,800,000 

104 AL Widen Hwy. 84 to 4 lanes west of I-65 from Evergreen 

to Monroeville and beyond to the State of AL line .... $4,000,000 

105 MS Widen State Highway 57 from I-10 through Vancleave $5,000,000 

106 WA Widening SR527 from 2 lanes to 5 from Bothell to Mill 

Creek ........................................................................... $1,500,000 

107 OH Construct proposed connection SR 207, SR 104, and 

US 23 in Ross County ................................................. $2,000,000 

108 MI Construct improvements to Finkbeiner Road from Patterson Road to Whitneyville Road in Barry County, 

and new bridge over Thornapple River ...................... $4,400,000 

109 PA York Road improvements from Horsham Road to Summit Avenue, Borough of Hatboro ................................ $1,250,000 

71 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

110 OH Intersection improvements at Highland and Bishop 

Roads in the City of Highland Heights, OH ............... $612,000 

111 WI Reconstruct Wisconsin State Highway 21 at I-94 interchange ......................................................................... $3,000,000 

112 MN Safety improvements and intersection enhancements of 

TH 95 and TH 169, Princeton ..................................... $1,800,000 

113 NY Wading River Bicycle and Pedestrian Project in 

Riverhead .................................................................... $1,200,000 

114 FL Widen County Line Road (CR 578) from Suncoast Parkway to US41 to four lanes .......................................... $6,000,000 

115 IL Improve Great River Road, Warsaw ................................ $750,000 

116 NY Yonkers, New York, Trolley Bus Acquisition .................... $300,000 

117 FL Construct East Central Regional Rail Trail in Volusia 

County, Florida ............................................................ $1,000,000 

118 MO Y Highway US 71 to MO 58, Cass County ...................... $2,000,000 

119 WY WYO 59 Reconstruction ................................................... $2,000,000 

120 LA Plan and construct bike/pedestrian crossings of Washington-Palmetto Canal in the vicinity of Xavier University, New Orleans ................................................... $4,000,000 

121 NC Winston-Salem Northern Beltway, Eastern Section and 

Extension, NC .............................................................. $5,000,000 

122 CA Willow and Herndon Traffic Flow Improvements, City of 

Clovis, California ......................................................... $300,000 

123 MO US 71 at Y Highway North and Southbound Ramps ...... $2,000,000 

124 CA Will add landscaping enhancements along the Ronald 

Reagan Freeway Route 118 for aesthetic purposes .. $2,500,000 

125 NC Widens US 29 Business Freeway Drive from South 

Scales St. to NC 14 in Rockingham County .............. $10,000,000 

126 PA Widening, rechannelization, signalization to 2nd ave 

and Bates street, replace Elisa Furnace bridge over 

Bates Street ................................................................ $800,000 

127 KS Resurfacing, grading, replacing guardrails & adding 

shoulders to Highway 77 in Geary City, to accommodate expected traffic increase .................................... $784,000 

128 MO Widening, curb and gutter improvements as part of 

Hwy 33 redevelopment project in Kearney ................. $3,000,000 

129 IL Construct streetscape along Morse avenue from Clark 

street to Sheridan road, Chicago ............................... $2,000,000 

130 SC Build extension of North Rhett Boulevard from Liberty 

Hall Road to US 176 in SC ........................................ $7,000,000 

131 NH Construct and upgrade intersection of Route 3 and 

Franklin Industrial Drive in Franklin .......................... $1,000,000 

72 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

132 GA Construct Waycross East Bypass from US 84 in Pierce 

County, Georgia to US 1 in Ware County, Georgia ..... $2,200,000 

133 NY Design and Construction of a transportation enhancement project at the Erie Canal Aqueduct in downtown Rochester ............................................................ $1,500,000 

134 CA Improvement of intersection at Balboa Blvd. and San 

Fernando Rd ................................................................ $500,000 

135 TN Improve Vehicle Efficiencies at highway At-Grade Railroad Crossing in Athens, TN ....................................... $99,000 

136 WI Develop pedestrian and bike connections that link to 

Hank Aaron State Trail in Milwaukee ......................... $2,100,000 

137 AK Keystone Drive Road Improvements ................................ $1,000,000 

138 GA Pedestrian and streetscape improvements, Ellaville ...... $400,000 

139 NY Construct and improve pedestrian access on Main 

Street in Hempstead ................................................... $2,000,000 

140 IL Preconstruction activities IL 336 from Macomb to Peoria ................................................................................ $2,000,000 

141 OH Purchase of right-of-ways for construction of pedestrian and bicycle improvements in the City of Aurora, OH ....................................................................... $500,000 

142 IL Replacement of bridge on Harlem Avenue, The Village 

of River Forest ............................................................. $1,000,000 

143 CA State Route 86S and Ave 66 highway safety grade 

separation ................................................................... $4,500,000 

144 IL Construct Bissel Street Roadway Connector, Tri-City 

Regional Port District .................................................. $850,000 

145 CT Improve Route 1 between East Avenue and Belden Avenue, Norwalk, CT ......................................................... $2,000,000 

146 IA Central IA Trail Loop, bicycle and pedestrian, Ankeny to 

Woodward section ....................................................... $1,000,000 

147 MI Chippewa County, Upgrade Tilson Road between M-28 

South to intersection of M-48 at Rudyard ................. $1,000,000 

148 WA Coal Creek Parkway Bridge Replacement, Newcastle WA $1,000,000 

149 PA Complete gaps in the Pittsburgh Riverfront Trail Network including the Hot Metal Bridge ......................... $750,000 

150 TX Construct passing lanes on Texas State Highway 16 in 

Atascosa County .......................................................... $797,000 

151 TX Construct street and drainage improvements to road 

system in Encinal ....................................................... $250,000 

152 MN Environmental assessment and right of way acquisition 

at US52 and CSAH24 Interchange, Cannon Falls, 

Goodhue Cnty, MN ....................................................... $2,000,000 

73 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

153 NY Construction for Peace Bridge Redevelopment Project, 

Buffalo ......................................................................... $10,000,000 

154 MN Construct recreational visitor center on the Mesabi 

Trail, City of Virginia .................................................. $1,300,000 

155 NE Engineering, right-of-way and construction of the 23rd 

Street Viaduct in Fremont, Nebraska ......................... $400,000 

156 MN Phase III of Devil Track Road Project, Cook County ....... $1,200,000 

157 ME Relocation of southbound on-ramp to I-95 at exit 184, 

Bangor ......................................................................... $1,500,000 

158 MA Construct access roads to Hospital Hill project in 

Northampton, MA ........................................................ $2,000,000 

159 IN Construct interchange for 146th St. and I-69, Hamilton 

County, Indiana ........................................................... $3,000,000 

160 NY Design & Construct a Bicycle and Pedestrian Walkway 

along the Decommissioned Putnam Rail Line ........... $950,000 

161 AK False Pass Road construction from small boat harbor 

dock to airport and town ............................................ $3,000,000 

162 IL Improve North Illinois St and related roads, Belleville .. $6,500,000 

163 AR Construction of I-49, Highway 71: Arkansas portion of 

Bella Vista Bypass ...................................................... $9,000,000 

164 NM Coors-I-40 Interchange Reconstruction, Albuquerque .... $7,000,000 

165 GA Extend the south Toccoa Bypass east of Toccoa to CR 

311, four lanes for approximately 5.7 miles on new 

location ........................................................................ $2,900,000 

166 TX Construct SH 183 from SH 360 to Belt Line Road in Irving, Texas .................................................................. $2,000,000 

167 CA Construct pedestrian, bicycle and ADA accessible 

boardwalks at the Pismo Beach Promenade in San 

Luis Obispo County ..................................................... $300,000 

168 TX SH 44 E of Alice near SH 359 to US 281, Jim Wells 

County ......................................................................... $2,000,000 

169 TX Corpus Christi, TX Corpus Regional Transit Authority 

for maintenance facility improvements ...................... $2,000,000 

170 PA For design, land & ROW acquisition, & construction of 

a parking facility and associated activities in the 

City of Wilkes-Barre .................................................... $1,000,000 

171 TN Hawkins County, Tennessee SR-31 reconstruction ......... $500,000 

172 WI Reconstruct US Highway 41—STH 67 interchange 

(Dodge County, Wisconsin) ......................................... $650,000 

173 MA Reconstruct Route 24/Route 140 Interchange, replace 

bridge and ramps, widen and extend acceleration 

and deceleration lanes ............................................... $14,750,000 

74 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

174 OR Study landslides on U.S. Hwy. 20 between Cascadia 

and Santiam Pass to develop long-term repair strategy ............................................................................... $1,000,000 

175 MS Upgrade Alex Gates Road and Walnut Road in Quitman 

County, and roads in Falcon, Sledge and Lambert ... $1,750,000 

176 IL Upgrades for Muller Road in the City of Washington, IL $280,000 

177 AL Construction of Valleydale Road Flyover, Widening and 

Improvements .............................................................. $5,000,000 

178 MS Upgrade roads in Beauregard (U. S. Hwy 51), Crystal 

Springs (U.S. Hwy 51 and I-55), and Hazelhurst 

(U.S. Hwy 51 and I-55), Copiah County ..................... $1,000,000 

179 NY Westchester County, NY Rehabilitation of June Road 

Town of North Salem .................................................. $650,000 

180 CA Implement streetscape improvements on segments of 

Laurel Canyon Blvd. and Victory Blvd. in North Hollywood .......................................................................... $1,200,000 

181 OH Construct loop road along US 23 in City of Fostoria, 

Seneca County ............................................................. $7,700,000 

182 PA Design, engineering, ROW acquisition, & construction 

of street improvements, parking, safety enhancements & roadway redesign in Nanticoke ................... $2,000,000 

183 LA Improve Ralph Darden Memorial Parkway Between 

LA182 and Martin Luther King Road, St. Mary Parish $350,000 

184 CA Reconstruct segments of Hollister Avenue between San 

Antonio Road and State Route 154 in Santa Barbara 

County ......................................................................... $2,500,000 

185 NY Reconstruction of Schenck Avenue from Jamaica Avenue to Flatlands Avenue, Brooklyn ............................. $5,000,000 

186 CO Construct Wadsworth Interchange over US 36 in 

Broomfield ................................................................... $2,000,000 

187 NY Enhance Battery Park Bikeway Perimeter, New York City $2,000,000 

188 FL I-95 Interchange in the City of Boca Raton ................... $14,250,000 

189 NJ Construct Long Valley Bypass ......................................... $1,000,000 

190 MI Alpena County, Resurface 3.51 miles of Hamilton and 

Wessel Roads .............................................................. $640,000 

191 CA Construct a 2.8 mile bikeway along Lambert Road from 

Mills Ave. to Valley Home Ave. in the City of Whittier, CA ........................................................................ $2,500,000 

192 TX Hidalgo County Loop ........................................................ $1,000,000 

193 ME Improvements to Route 108 to enhance access to business park, Rumford .................................................... $1,500,000 

75 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

194 NY Installation of new turning lane from Mohansic Ave 

onto eastbound Route 202, & addition of new 

striped crosswalk ........................................................ $375,000 

195 NY Rockland County Hudson River Greenway Trail Project 

construction ................................................................. $2,000,000 

196 TX Construct a segment of FM 110 in San Marcos ............ $1,000,000 

197 TX Big Spring, TX Construction of the Big Spring Reliever 

Route ........................................................................... $2,800,000 

198 NY Improvements to Intermodal Transportation Facility and 

Construction of Waterfront Esplanade at Fort Totten $2,800,000 

199 PA Reconstruction and repair of Haverford Ave. Between 

68th St. and Lansdowne Ave ...................................... $300,000 

200 ND Bismarck/Mandan Liberty Memorial Bridge over the 

Missouri River ............................................................. $30,000,000 

201 WI City of Glendale, WI. Develop and rehabilitate exit 

ramps on I-43, and improvements at West Silver 

Spring Dr. and North Port Washington Rd ................. $3,000,000 

202 TX Construction of Lake Ridge and US67 Project, Cedar 

Hill, TX ......................................................................... $3,000,000 

203 NY Install Improvements for Pedestrian Safety in the vicinity of PS 277 ............................................................... $250,000 

204 WI Resurface USH 8 between CTH C and Monico ............... $1,100,000 

205 PA South Phila. Access Rd. Design and construction of 

port access road from South Phila Port and intermodal facilities, Philadelphia ..................................... $3,000,000 

206 NY Implement ITS system and apparatus to enhance citywide truck route system on Broadway to Irwin Ave 

between 232 to 231 in the neighborhood of 

Kingsbridge, NY ........................................................... $100,000 

207 PA SR 219 Purchase of Right of Way and completion of 

four lane extension from the Town of Somerset to 

the Maryland border .................................................... $15,000,000 

208 WI Expand USH 41 between Oconto and Peshtigo, Wisconsin (Oconto and Marinette Counties, Wisconsin) $2,000,000 

209 IA Study for NE Beltway, Polk Co ........................................ $500,000 

210 NY This project involves a full reconstruction of all the 

streets in Long Island City surrounding 11th Street $3,400,000 

211 AZ Upgrade and Widen SR85 to I-10 (Mileposts 120–141) $1,500,000 

212 MS Upgrade Dog Pen Road and Galilee Road in Holmes 

County, and roads in Cruger, Pickens, and Goodman $1,000,000 

213 GA U.S. 19/SR92 median work from Ellis RD to West Taylor 

ST, Griffin .................................................................... $1,500,000 

76 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

214 MS Upgrade roads at Coahoma Community College, and 

roads in Coahoma and Jonestown , Coahoma County $1,500,000 

215 IN Construction of Dixon Road from Markland Avenue to 

Judson Road in Kokomo, Indiana ............................... $500,000 

216 CA Construction of Cross Vally Connector between I-5 and 

SR 14 .......................................................................... $4,000,000 

217 MA State Street Corridor Redevelopment Project includes 

street resurfacing, pedestrian walkway improvements and ornate lighting from Main Street to St. 

Michael’s Cemetery, Springfield ................................. $6,000,000 

218 MI Resurfacing of Stephenson Highway in Madison 

Heights ........................................................................ $350,000 

219 CA Soundwall construction on the 210 Freeway, Pasadena $1,800,000 

220 GA Streetscape-Ashburn ........................................................ $250,000 

221 NY Design, Study and Construct Ferry Terminal Facilities 

at Floyd Bennett Field ................................................. $1,000,000 

222 WI Improve Superior Avenue: Interstate 43 to State Highway 32, Sheboygan County, Wisconsin ....................... $1,000,000 

223 TX Design and construction streetscape improvements to 

enhance pedestrian access, pedestrian access to 

bus services and facilities ......................................... $1,000,000 

224 IL Upgrade roads, The Village of Berkeley .......................... $1,000,000 

225 GA Upgrade sidewalks and lighting, Wrightsville ................ $400,000 

226 PA Upgrades to Bedford Route 220 at the entrance of the 

Bedford Business Park to Beldon Ridge intersection $2,100,000 

227 MI Widen Baldwin Road from Morgan to Waldon in Orion 

Township ..................................................................... $4,000,000 

228 FL Construct Saxon Boulevard Extension, Volusia County, 

Florida ......................................................................... $2,100,000 

229 NY Construction and rehabilitation of East and West Gates 

Avenues in the Village of Lindenhurst, NY ................ $930,000 

230 TN Widen Interstate 240 from Interstate 55 to Interstate 

40 West of Memphis, Shelby County .......................... $1,000,000 

231 NJ Rahway River Corridor Greenway Bicycle and Pedestrian 

Path, South Orange ..................................................... $500,000 

232 CT Reconstruct Pearl Harbor Memorial Bridge, New Haven $2,000,000 

233 PA Development of Northwest Lancaster County River Trail $250,000 

234 CA Widen SR89 at existing ‘‘mousehole’’ two lane RR underpass ........................................................................ $3,000,000 

235 LA Construct Mississippi River Trail and Bikepath, New 

Orleans ........................................................................ $500,000 

236 NY Utica Marsh-Reestablish Water Street ............................ $2,650,000 

77 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

237 AR Widen to 5 lanes, improvement, and other development 

to U.S. Highway 79B/Univeristy Ave. in Pine Bluff .... $3,200,000 

238 WA SR 9 & 20th St. SE Intersection Reconstruction in Snohomish County ............................................................ $1,000,000 

239 OH Streetscape and related safety improvements to US 20 

in Painesville Township, OH ....................................... $350,000 

240 PA Design, construct intersection and other upgrades on 

PA 24 and 124 in York County, PA ............................ $1,000,000 

241 WA Issaquah Historical Society, Issaquah Valley Trolley 

Project ......................................................................... $250,000 

242 IL Construct new bridge on Illinois Prairie Path over East 

Branch River in Milton Township, IL .......................... $300,000 

243 TN Plan and construct improvements, Livingston public 

square ......................................................................... $50,000 

244 GA Construction on US 82 from Dawson to Alabama Line .. $1,000,000 

245 IA Construct I-74 Bridge in Bettendorf, IA .......................... $1,500,000 

246 CA Operations and management improvements, including 

ITS technologies, on U.S. Highway 101 in Santa Barbara County ................................................................. $1,000,000 

247 OH Plan and construct new interchange on Interstate 71 

at Big Walnut Road in Delaware County, Ohio .......... $5,000,000 

248 PA Design and construct access to intermodal facility in 

York County ................................................................. $2,000,000 

249 WA Complete preliminary engineering and environmental 

analysis for SR14 through Camas and Washougal ... $1,000,000 

250 UT Construct Bingham Junction Boulevard in Midvale City $5,000,000 

251 MD Construct Centreville, MD spur of Queen Annes County 

Cross Island Trail, Centreville to US Route 301 ........ $382,000 

252 MN Polk, Pennington, Marshall County 10-Ton Corridor in 

Northwestern Minnesota ............................................. $5,600,000 

253 CA Quincy-Oroville Highway Rehabilitation in Plumas 

County ......................................................................... $1,000,000 

254 CA Construct Coyote Creek Trail Project from Story Road to 

Montague Expressway in San Jose ............................. $2,000,000 

255 TX Construct Depression of Belt Line Road at I-35E Intermodal Transportation Project in Carrollton, TX .......... $6,000,000 

256 AL Construct Anniston Eastern Bypass from Golden 

Springs Road to US Hwy 431 ..................................... $12,500,000 

257 NY Construct transportation enhancements on greenway 

along East River waterfront between East River Park 

(ERP) and Brooklyn Bridge, and reconstruct South 

entrance to ERP, in Manhattan .................................. $1,250,000 

78 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

258 NE Construction of I-80-Cherry Avenue Interchange and 

East Bypass, Kearney, Nebraska ................................ $8,000,000 

259 MN Design, engineering, ROW acquisition and construction 

for the French Rapids Bridge, City of Brainerd ......... $1,000,000 

260 CA Escondido, CA Construction of Bear Valley Parkway, 

East Valley Parkway .................................................... $2,000,000 

261 AR Junction Bridge—rehabilitation & conversion from rail 

to pedestrian use ........................................................ $800,000 

262 WA Port of Tacoma Rd.—Construct a second left turn lane 

for traffic from westbound Pac. Hwy E. to Port of 

Tacoma Rd. and I-5 .................................................... $500,000 

263 NY Realign Union Valley Road in Town of Carmel ............... $330,000 

264 MO Roadway improvements to U.S. 67 in St. Francois 

County ......................................................................... $2,000,000 

265 FL Homestead, FL Widening of SW 328 from SW 137 Ave 

to 152 Ave ................................................................... $7,000,000 

266 CA Reconstruct I-710 southern terminus off ramps, Long 

Beach .......................................................................... $1,000,000 

267 GA SR 4 widen from Milledgeville Road to Government 

Street, Richmond County ............................................ $4,000,000 

268 TN Develop trails, bike paths and recreational facilities on 

Western Slope of Black Mountain, Cumberland 

County for Cumberland Trail State Park .................... $250,000 

269 NJ Routes 1 & 9 Secaucus Road to Broad Avenue in Hudson and Bergen Counties ........................................... $1,000,000 

270 MA Massachusetts Avenue Reconstruction, Boston .............. $5,000,000 

271 NY Improve Ashburton Ave. from the Saw Mill River Parkway to the waterfront, Yonkers ................................... $1,500,000 

272 MN Trail extensions to Mesabi Trail, City of Aurora ............. $294,745 

273 LA I-10 Ryan Street exit ramp to include relocation and 

realignment of Lakeshore Drive to include portions 

of Front Street and or Ann Street, and to include expansion of Contraband Bayou Bridge ........................ $5,000,000 

274 MI Van Buren, Belleville Road widen to 5 lanes between 

Tyler and Ecorse .......................................................... $1,100,000 

275 IA Widening University Blvd, Clive ...................................... $1,000,000 

276 HI Construct Waimea Bypass ............................................... $1,000,000 

277 IL Widening two blocks of Poplar St from Park Ave to 

13th Street, Williamson County .................................. $480,000 

278 CA Widening the highway and reconstructing off ramps on 

Hwy 101 between Steele Lane and Windsor, CA to 

reduce traffic and promote carpools .......................... $5,000,000 

79 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

279 WA Granite Falls Alternate Freight Route in Granite Falls ... $2,930,000 

280 NY Construction and rehabilitation of North Queens Avenue 

and Grand Avenue in the Village of Lindenhurst, NY $680,000 

281 SC Extension & Expansion of Lower Richland Roads Phase 

I ................................................................................... $1,000,000 

282 OR Kuebler Boulevard improvements, Salem ....................... $1,500,000 

283 NC Upgrade US 1 in Rockingham ......................................... $10,000,000 

284 CA Implement Southwest San Fernando Valley Road and 

Safety Improvements .................................................. $2,300,000 

285 VA Upgrade DOT crossing #467662S to constant warning 

time devices ................................................................ $201,800 

286 TX Construct new location highway & interchanges on 

Inner Loop, from Global Reach to Loop 375 including the Global Reach ext., El Paso ............................ $16,000,000 

287 CA Rehabilitation, repair, and/or reconstruction of deficient 

two-lane roads that connect to Interstate 5, SR 180, 

SR 41 and SR 99 countywide, Fresno County ............ $3,500,000 

288 OH Relocate SR 149 from 26th Street to Trough Run in 

Bellaire ........................................................................ $650,000 

289 WA Auburn, Washington—M Street SE rehabilitation between 29th Street SE and 37th Street SE ................. $500,000 

290 KY Replace Bridge over Stoner Creek, 2 Miles East of US 

27 Junction, Bourbon County ...................................... $1,000,000 

291 NM Development of Paseo del Volcan corridor located in 

Sandoval County from Iris Road to U.S. Highway 550 $2,000,000 

292 OH Stan Hywet Hall and Gardens to restore, expand, construct, and improve pedestrian paths and bike trail 

system ......................................................................... $180,000 

293 MS Construct bicycle path, Petal .......................................... $200,000 

294 NJ Construction of Route 206 Chester Township, NJ .......... $1,000,000 

295 IL For IDOT to conduct Phase II engineering for reconstruction of 159th St-US 6-IL 7 in Will and Cook 

Counties ...................................................................... $1,000,000 

296 IL For Will County to begin Phase II engineering and 

preconstruction activities for a high level bridge 

linking Caton Farm Road with Bruce Road ............... $2,000,000 

297 CA Study of Thomas Bridge to meet future cargo and passenger traffic needs of the ports of Long Beach and 

Los Angeles ................................................................. $2,000,000 

298 TX US377 Hood Co., TX—From BU377H east of Granbury 

to the new location of FM 4 ....................................... $1,500,000 

80 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

299 IL Construct Citywide bicycle path network, city of Evanston ............................................................................... $250,000 

300 CA Mount Vernon Avenue grade separation and bridge expansion in Colton ........................................................ $2,000,000 

301 NJ Widening Routes 1 and 9, Production Way to East Lincoln Avenue, Union County ......................................... $500,000 

302 PA Design, construct and upgrade interchange of US 15 

and US 30 in Adams County ...................................... $4,000,000 

303 OH State Route 8 Improvements in Northern Summit County ................................................................................. $3,000,000 

304 CO US 50 East, State Line to Pueblo ................................... $7,500,000 

305 IN Widening road (along Gordon Road, Sixth Street, and 

West Shafer Drive) to 3-lane street, with sidewalk 

and improvements to existing bridge -White County/ 

Monticello, Indiana ...................................................... $10,000,000 

306 OH Widening Pleasant Valley Bagley Road (Rte 27), Parma 

and Middleburg Heights ............................................. $1,000,000 

307 MA Rehabilitation of I-95 Whittier Bridge—Amesbury and 

Newburyport ................................................................. $2,000,000 

308 CA Streetscape improvements at East 14th St-Mission 

Blvd in Alameda County ............................................. $750,000 

309 NY Construct W. 79th St Rotunda, New York City ............... $2,000,000 

310 TX Acquire Kelly Parkway Corridor Right-of-way through 

San Antonio ................................................................. $2,000,000 

311 NC Construct new route from US 17 to US 421 in Brunswick and New Hanover Counties ................................ $1,000,000 

312 PA Construct safety and capacity improvements to Route 

309 and Old Packhouse Road .................................... $250,000 

313 OR Delta Ponds Bike/Pedestrian Path .................................. $2,880,000 

314 FL Hollywood US Route 1 Young Circle Safety Improvement $2,300,000 

315 MI Houghton County, Gravel and paving of remaining 3.2 

miles in 5.5 mile stretch of Jacobsville Rd ............... $430,000 

316 PA Improve access to Airport Connector from PA 283 to 

the terminus of the Airport Connector at State Route 

230 and adjacent access roads ................................. $500,000 

317 CA Construct one additional all purpose lane in each direction on I 405 and provide additional capital improvements from SR 73 through the LA County line $1,210,000 

318 IL Improve Roads and Bridges, Cook County ...................... $4,000,000 

319 CA Improve traffic safety, including streetlights, from 

Queen to Barclay to Los Angeles River to Riverside 

in Elysian Valley, Los Angeles .................................... $1,400,000 

81 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

320 MI Construction and improvements to Western Avenue and 

associated streets betweeen Third Street and Terrace Street in Muskegon ............................................. $2,300,000 

321 IL Construct Reed Station Parkway Extension to IL Rt 3, 

Carbondale .................................................................. $2,000,000 

322 AL Construction of Patton Island Bridge Corridor ............... $10,000,000 

323 MI Highland, Clyde Road from Hickory Ridge to Strathcona $125,000 

324 MI Alger County, Repaving a portion of H-58 between Sullivan Creek towards Little Beaver Road ..................... $1,600,900 

325 TX Improvements to US 183 in Gonzales County ................ $500,000 

326 CA Construct a raised landscaped median on Alondra Blvd 

between Clark Ave and Woodruff Ave in Bellflower ... $400,000 

327 MN Right of way acquisition for TH23 Paynesville Bypass .. $2,500,000 

328 FL Construct interchange improvements at I-75 and University Parkway ........................................................... $500,000 

329 CO For construction and architectural improvements of 

Wadsworth Bypass (SH121) Burlington Northern 

Railroad and Grandview Grade Separation ................ $4,000,000 

330 KS Construction of 4-lane improvement on K-18 in Riley 

County, Kansas ........................................................... $2,000,000 

331 NJ Replace Rockaway Road Bridge, Randolph Tonwhsip, 

New Jersey ................................................................... $1,000,000 

332 FL Construction of paved road over existing unpaved 

roadway on SE 144th Ave from SR 100 to US 301, 

distance of 1.2 miles .................................................. $3,000,000 

333 FL Construct I-4 Frontage Rd, Volusia County, Florida ....... $2,000,000 

334 MD Construction of Fringe and Corridor Parking Facility at 

intersection of Clinton Street and Keith Avenue in 

Baltimore ..................................................................... $4,000,000 

335 OH Purchase of Right of Way for transportation enhancement activities in Bainbridge Township, OH .............. $1,440,000 

336 NJ Rowan Boulevard Parking adjacent to Highway 322 

Corridor in Glassboro Township .................................. $1,000,556 

337 CA Construct interchange on US 50 at Empire Ranch Road 

in Folsom ..................................................................... $1,800,000 

338 FL Bicycle and Pedestrian Improvements in the Town of 

Windermere, Florida .................................................... $300,000 

339 TN Plan and construct a bicycle and pedestrian trail, 

Smyrna ........................................................................ $3,000,000 

340 CA Santa Anita Avenue Corridor Improvement project, Arcadia, California ......................................................... $3,000,000 

82 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

341 AS Shoreline protection and drainage mitigation for Nuuuli 

village roads ............................................................... $1,000,000 

342 PA Design, engineering, ROW acquisition, & construction 

of a connector road between Pennsylvania Rt. 93 & 

Pennsylvania Rt. 309 in Hazle Township ................... $600,000 

343 GA South Tifton Bypass from US 82/SR 520 west to US 

319/SR 35 east, Tift County ....................................... $500,000 

344 NJ Streetscape and Traffic Improvement Project to Downtown West Orange ....................................................... $1,000,000 

345 NJ Bergen County, NJ—On Route 17, address congestion, 

safety, drainage, maintenance, signing, access, pedestrian circulation and transit access ..................... $4,500,000 

346 CA Road widening, construct bike path, lighting, and 

safety improvements on road leading to Hansen 

Dam Recreation Area, Los Angeles ............................. $6,500,000 

347 TX Construct additional 2 lanes to Loop 335 in Amarillo 

from .3 miles West of Western street to .5 miles 

West of Broadway ....................................................... $2,000,000 

348 NY Reconstruct a historic bridge crossing Maxwell Creek in 

the Town of Sodus, NY ............................................... $580,000 

349 NJ Safety and operation improvements on Route 73 in 

Berlin, Voorhees and Evesham ................................... $1,200,000 

350 NJ Study and preliminary engineering designs for a boulevard on State Route 440 and U.S. Highway Route 1 

& 9, Jersey City ........................................................... $1,000,000 

351 VA Construction of Route 17—Dominion Boulevard, 

Chesapeake, VA ........................................................... $6,000,000 

352 LA Installation of proper lighting standards to illuminate 

inbound and outbound ramps of I 10 and portions 

of HWY 95 ................................................................... $200,000 

353 IN Cyntheanne Rd. Interchange and Corridor Improvements, Town of Fishers, Indiana ................................ $500,000 

354 ME Plan and construct North-South Aroostook highways, to 

improve access to St. John Valley, including Presque 

Isle Bypass and other improvements ......................... $4,000,000 

355 TN Plan and construct a bicycle and pedestrian trail, 

LaVergne ...................................................................... $1,500,000 

356 TX Build Arkansas Street Grade Separation in Laredo ........ $1,000,000 

357 CA Construct new left turn lane at State Route 19 and 

Telstar in El Monte ..................................................... $700,000 

358 NY Meadow Drive Extension—North Tonawanda, New York $2,000,000 

83 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

359 CA Reconstruct I-880 & Coleman Avenue Interchange & 

implement other I-880 Corridor operational improvements in Santa Clara County ..................................... $8,000,000 

360 OR Improve Millican, West Butte Road which connects U.S. 

Highway 20 with U.S. Highway 126 ........................... $2,000,000 

361 VA Metropolitan Washington, D.C. Regional Transportation 

Coordination Program ................................................. $2,000,000 

362 NY Brooks Landing Transportation Improvements and Enhancement project, Rochester .................................... $500,000 

363 NJ Construct CR 538 Coles Mill Road Bridge over Scotland 

Run, Gloucester County ............................................... $500,000 

364 TX Convert discontinuous two-way frontage roads to continuous one-way frontage roads on IH 30 in Texarkana, TX ................................................................... $5,000,000 

365 TX Regional bicycle routes on existing highways in Austin, 

TX ................................................................................ $1,000,000 

366 IN Construct Interchange at I-65 and 109th Avenue, 

Crown Point ................................................................. $7,454,219 

367 GA Intersection improvement at Harris Drive at SR 42 ....... $600,000 

368 IL Engineering and construction of the East Branch 

DuPage River Greenway Trail in central DuPage 

County, IL .................................................................... $100,000 

369 NY Rehabilitate a historic transporation-related warehouse 

on the Erie Canal in the Town of Lyons, NY .............. $600,000 

370 NY Relocating Miller Highway W 59th-72 St. Manhattan 

under future expansion of Riverside Park; demolishing existing elevated road over park ..................... $2,500,000 

371 MI Allen Road under the CN Railroad Grade Separation, 

Woodhaven .................................................................. $4,450,000 

372 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Larksville Borough, Luzerne County ............................ $200,000 

373 AR Northeast Arkansas Connector (relocation of Highway 

226) ............................................................................. $3,000,000 

374 NJ Reconstruct Route 168 from Route 41 to 6th Avenue in 

Runnemede .................................................................. $658,000 

375 NY Renovation of Metropolitian Avenue center islands ....... $1,700,000 

376 PA Rt 60 Millennium Park Interchange, construct new 

interchange on Rt 60 to provide access to new Lawrence County Industrial Park ...................................... $800,000 

84 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

377 AR Bentonville, Arkansas—widen Arkansas Highway 102 

between U.S. 71B and the west city limits ............... $1,500,000 

378 PA Purchase of right-of-way, utilities and construction for 

Northern Access to Altoona from Interstate 99, Blair 

County, PA ................................................................... $3,000,000 

379 CA Construct Class I bike and pedestrian path from San 

Luis Obispo to Avila Beach ........................................ $400,000 

380 MN Reconstruct CSAH 61 from south county line to TH 73, 

Moose Lake .................................................................. $316,000 

381 AZ Improving Lone Pine Dam Road in Navajo County ......... $1,500,000 

382 MI Construct Road Improvements to North Henry St. from 

Vermont Ave. to Wilder Rd. Bay City .......................... $2,700,000 

383 TX Reconstruct I-35E Trinity River Bridge, Dallas ............... $15,000,000 

384 NY Town of Greenville rehabilitation of Grahamtown Rd. & 

Burnt Corners Rd ........................................................ $125,000 

385 NJ Completion of Hudson River Waterfront Walkway 

through Stevens Institute of Technology in Hoboken $1,000,000 

386 NC Construct US 74 Bypass, Shelby, NC .............................. $3,000,000 

387 WA Tukwila Urban Access Improvement Project—address 

necessary improvements to Southcenter Parkway in 

Tukwila to relieve congestion ..................................... $1,000,000 

388 CA Construction of a traffic signal at the intersection of 

Independence Avenue and Sherman Way ................... $125,000 

389 NH Design and construction of intersection of Rte 101A 

and Rte 13 in Milford ................................................. $1,000,000 

390 NJ Construct Rte 30—Pomona Road Intersection Improvements, Atlantic County ............................................... $5,000,000 

391 CA I-10 and Indian Ave Interchange, Palm Springs, CA ..... $2,750,000 

392 NY Reconstruction of street, sidewalks and curbs outside 

of Museum of Modern Art (MOMA) ............................. $500,000 

393 KY Right of way for and construction of Pennyrile Parkway 

Extension from 41A S. to I-24 .................................... $3,200,000 

394 TN Sevier County, Tennessee SR-66 widening ..................... $1,750,000 

395 TN Plan and construct interchange improvements, I-65 at 

Highland Road ............................................................ $400,000 

396 IA Reconstruction of NW Madrid Dr, Polk Co ...................... $500,000 

397 NH Relocation and Reconstruction of intersection at Route 

103 and North Street in Claremont ............................ $1,300,000 

398 IL To construct a new 2-lane road extending 1650 feet 

north from intersection with University Park Drive, 

Edwardsville ................................................................ $500,000 

85 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

399 NY Town of Highlands reconstruction of bridge on School 

Street ........................................................................... $225,000 

400 AK Unalaska, AK Construction of AMHW ferry terminal including approach, staging, and upland improvements .......................................................................... $7,500,000 

401 PA Design and construct interchange and related improvements to I-83 Exit 4 ................................................... $3,500,000 

402 OR U.S. 101 Improvements, Bandon ..................................... $3,300,000 

403 MI Northwestern Highway Extension projects in Oakland 

County ......................................................................... $5,000,000 

404 PA PA Route 61 safety improvements, Leesport Borough 

and Ontelaunee and Muhlenburg Townships ............. $2,468,300 

405 OH Improve Rt 62 (Main and Town Streets) Bridges over 

Scioto River, Columbus ............................................... $3,000,000 

406 AK Planning, design, and construction of a bridge joining 

the Island of Gravina to the Community of Ketchikan ............................................................................. $3,000,000 

407 MN U.S. Trunk Highway 14 from Waseca to Owatonna, Minnesota .......................................................................... $12,000,000 

408 TX Construct Mission Trails Project Packages 4 & 5 in 

San Antonio ................................................................. $5,500,000 

409 MS Upgrade Roads in Carthage, Leake County .................... $200,000 

410 MI Construct access road at intersection of Doerr Road 

and Schell Street to Develop 65-Acre of Municipal 

Tract of Industrial Land. Village of Cass City, 

Tuscola County ............................................................ $26,000 

411 MS Upgrade roads in Humphreys County Districts 1 and 5 

and Isola ..................................................................... $850,000 

412 IN 126th Street Project, Town of Fishers, Indiana .............. $1,250,000 

413 HI Construct Puanaiko Street ............................................... $1,000,000 

414 AZ Burro Creek section between Wikieup and the Santa 

Maria River .................................................................. $1,000,000 

415 PA Conduct Environmental Impact Statement study for 

Parkway West corridor ................................................. $1,000,000 

416 SC Build Railroad Avenue Extension in Berkeley County, 

SC-SCDOT .................................................................... $2,000,000 

417 MD Construct a visitors center and related roads serving 

Ft. McHenry ................................................................. $4,700,000 

418 OH Construction of Gracemont Street Exchange Interstate 

77-Bethlehem Township and Pike Township, Ohio .... $3,000,000 

86 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

419 MI Design, Right-of-Way and Construction of the I-196 

Chicago Drive (Baldwin Street) Interchange Modification, Michigan ....................................................... $21,400,000 

420 CA Folsom Blvd. Transportation Enhancements, City of 

Rancho Cordova .......................................................... $7,000,000 

421 TN Improve streetscape and pavement repair, Monroe 

County, TN ................................................................... $300,000 

422 TX IH37 frontage roads in Mathis ........................................ $2,000,000 

423 WV Construct New River Parkway ......................................... $4,500,000 

424 NY Construct sidewalk and improvements on Broadway in 

the Town of Cortlandt ................................................. $330,000 

425 PA Erie, PA Powell Avenue Bridge Replacement, Asbury 

Road Improvement Project .......................................... $3,000,000 

426 VA Liberty Street Construction in Martinsville, Virginia ....... $1,000,000 

427 CA Implement streetscape project on Central Avenue from 

103rd Street to Watts/103rd Street Station, Watts ... $3,000,000 

428 MA Realignments and reconstruction of a section of Route 

32 in Palmer to the Ware town line ........................... $3,200,000 

429 CA Seismic retrofit of the Golden Gate Bridge .................... $10,000,000 

430 CA Upgrade and extend Commerce Avenue, City of Concord $1,750,000 

431 MA Somerville Roadway Improvements ................................. $2,000,000 

432 LA Replace Almonaster Bridge, New Orleans ...................... $500,000 

433 IN Upgrade Traffic Signals Phase III in the City of Muncie, 

Indiana ........................................................................ $640,000 

434 FL Sharpes Ferry Bridge replacement in Marion County ..... $800,000 

435 IA US 34 Missouri River bridge relocation and replacement ............................................................................ $2,500,000 

436 NY Village of Highland Falls repaving and sidewalk construction of Oak Avenue ............................................. $150,000 

437 MN Interchange Reconstruction at CSAH4 and US169 ......... $1,000,000 

438 IL Development and construction of an interchange at 

Brisbin Rd and Interstate 80 ..................................... $6,000,000 

439 NE Design, right-of-way and construction of rail-grade 

separations throughout Nebraska as identified by 

Nebraska Dept. of Roads ............................................ $15,000,000 

440 MO Redesign & Reconstruction of the I-270 Dorsett Road 

Interchange Complex in the City of Maryland Heights $2,000,000 

441 SC Build Berlin Myers Extension in Summerville, SC .......... $8,000,000 

442 IN Improve 100 South, Porter County .................................. $1,000,000 

443 NY Improve safety measures at the railroad grade crossings on the West Short River Line, Rockland County $1,600,000 

87 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

444 NJ Street Improvements and Traffic Signal Replacement in 

Union City Central Business District .......................... $800,000 

445 GA Streetscape project to replace sidewalks in downtown 

Forsyth ......................................................................... $300,000 

446 AK Westside development Williamsport-Pile Bay Road ........ $5,000,000 

447 NV Construct Interstate 15—Las Vegas Beltway Interchange ......................................................................... $9,000,000 

448 NY Palisades Trailway Phase 2—Rockland County, New 

York ............................................................................. $200,000 

449 PA Replace a Highway Rail Grade crossing in Jeanette, PA 

at Wegleys Road ......................................................... $500,000 

450 CA Conduct project design and environmental analysis of 

Heritage Bridge on Heritage Road linking Chula 

Vista to Otay Mesa ..................................................... $2,500,000 

451 MA Assabet River National Wildlife Refuge, MA, Design and 

Construction of parking areas .................................... $500,000 

452 NY Reconstruct Main Street in the Town of Lewisboro ........ $90,000 

453 MA Study and analysis of Lowell Westford St.-Wood St. 

Rourke Bridge Corridor, Lowell ................................... $600,000 

454 OR Highway 20, Lincoln County ............................................ $7,000,000 

455 MN Construction of 8th Street North: Stearns C.R. 120 to 

T.H. 15 in St. Cloud, MN ............................................ $2,000,000 

456 IL Construction of a pedestrian sidewalk along S. Chicago 

Street in Geneseo, IL ................................................... $145,000 

457 OH Construct Bike and Walking Path from West 210 St to 

Metroparks Fairview Park ........................................... $450,000 

458 NY Improve Bronx River Greenway 180th St Park Link to 

Bronx Park ................................................................... $800,000 

459 MN City of East Grand Forks Construct 13th St SE Extension .............................................................................. $1,200,000 

460 NY Improvements to Clark Pl and Cherry Ln-Rt. 6 and 6N 

in Putnam County ....................................................... $370,000 

461 NJ Construct Garden State Parkway Grade Separation, 

Cape May County ........................................................ $40,000,000 

462 VA High Knob Horse Trails—construction of horse riding 

trails and associated facilities in High Knob area of 

Jefferson National Forest ............................................ $750,000 

463 TN Plan and construct a bicycle and pedestrian trail, 

Cookeville .................................................................... $2,500,000 

464 UT Provo, Utah Westside Connector from I-15 to Provo Municipal Airport ............................................................. $1,000,000 

88 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

465 CA I-5 Santa Clarita-Los Angeles Gateway Improvement 

Project ......................................................................... $1,500,000 

466 NY Project will revitalize staircases used as streets due to 

steep grade of terrain in areas in which they are located, the Bronx .......................................................... $1,000,000 

467 TX Construct and rehabilitate pedestrian walkways along 

the Main Street Corridor to improve transit-related 

accessibility ................................................................. $1,000,000 

468 MD Reconstruct East North Avenue (US Route 1) in Baltimore ............................................................................ $3,200,000 

469 CT Reconstructoin of Lakeville Center to improve pedestrian and vehicle safety at the intersection of 

Routes 41 and 44 ....................................................... $895,000 

470 NY Rehabilition of Bay Ridge 86th Street Subway Station, 

Brooklyn, NY ................................................................ $2,000,000 

471 CA San Gabriel Blvd Rehabilitation Project—Mission Rd to 

Broadway, San Gabriel ................................................ $300,000 

472 NC To plan, design, and construct the 10th Street Connector Project in Greenville, NC .................................. $8,000,000 

473 OH To widen Western Reserve Road from SR 7 to Hitchcock Road, Mahoning Co ............................................ $2,500,000 

474 NY Binghamton, Improve Front Street .................................. $5,000,000 

475 FL U.S. Highway 19 Bayside Segment ................................. $2,000,000 

476 MI Arenac County, Upgrade Maple Ridge Road from Briggs 

Road east to M-65 ...................................................... $1,646,000 

477 NY Village of Highland Falls repaving and sidewalk construction of Mearns Ave .............................................. $225,000 

478 NY Village of Nelsonville improvements, paving & sidewalk 

installation to North Pearl St, Crown St, Pine St, & 

Wood Ave ..................................................................... $250,000 

479 CA Widen Firestone Blvd between Ryerson Blvd and Stewart and Gray Road in Downey .................................... $2,000,000 

480 CA Construct Air Cargo Access Road to Oakland International Airport. .......................................................... $900,000 

481 MD Peer review study of conflicts between road system 

and light rail operations in Linthicum, MD ............... $100,000 

482 GA Resurface and widen Jac-Art Road as part of the 

Bleckley County Development Authority project ......... $200,000 

483 VA Construction of Virginia Blue Ridge Trail in Amherst 

County, VA ................................................................... $300,000 

89 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

484 FL Implement NE 6th Street/Sistrunk Boulevard 

Streetscape and Enhancement Project, City of Ft. 

Lauderdale ................................................................... $1,000,000 

485 CA Widen Lakewood Blvd between Telegraph Rd and Fifth 

St in Downey ............................................................... $2,000,000 

486 TX Widen Motor Street thoroughfare in Dallas to improve 

accessibility to Southwestern Medical District .......... $2,500,000 

487 MN Construction of Gitchi-Gami State Trail, Lutsen Phase, 

CR 34 to Lockport store .............................................. $500,000 

488 PA Widen of SR 309 through the Borough of Coopersburg 

to create left-turn lanes and complete the Rt. 309 

Corridor Improvement Project ..................................... $3,000,000 

489 CA Pasadena Ave/Monterey Rd Partial Grade Separation— 

Preliminary Engineering—Feasibility, South Pasadena ............................................................................ $300,000 

490 OH Intermodal Bikeway, Independence ................................. $500,000 

491 MO Widen shoulder and resurface US 136 and replace 2 

deficient bridges between Rock Port and Bethany, 

Missouri ....................................................................... $2,000,000 

492 FL S.R.43 (U.S.301) Improvement Project—Ellentown to 

Parrish, Florida ............................................................ $3,000,000 

493 GA Bike and pedestrian paths and other transportation 

enhancements at Georgia Veterans Memorial Park ... $800,000 

494 AK Citywide pavement rehabilitation in City of North Pole $1,000,000 

495 GA Replace and upgrade sidewalks, Glenwood .................... $50,000 

496 NY Bruckner blvd along Bronx River Ave, Story Ave to 

Soundview Park Greenway .......................................... $1,600,000 

497 GA Widen SR 133 from Spence Field to SR 35 in Colquitt 

County, Georgia ........................................................... $2,000,000 

498 CA Mariposa County, CA Improve 16 roads, bridge and one 

bike path ..................................................................... $2,500,000 

499 LA Upgrade highway-rail crossings at Madison Street, City 

of Gretna ..................................................................... $200,000 

500 PA Two-lane Extension of Bristol Road, Bucks County ........ $1,000,000 

501 TN Widen SR30 From Athens to Etowah, Tennessee ............ $5,758,000 

502 MI Iosco County, Reconstruct Bissonette Road from Lorenz 

Road to Chambers Road ............................................. $322,500 

503 TX Development of one-story 300-vehicle parking facility .. $1,200,000 

504 WA Design and construct improved I-182 interchange 

ramps at Broadmoor Blvd. in Pasco, WA ................... $2,000,000 

505 NY Erie Canalway National Heritage Corridor in Lockport, 

NY- Transportation Enhancements ............................. $3,250,000 

90 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

506 MI M-6 Paul Henry Freeway trail design and construction $2,780,000 

507 CT Reconstruction and conversion of Union Station in 

North Canaan to establish a transportation museum $1,705,000 

508 OR Construct passing lanes on U.S. 199, Josephine County $1,107,000 

509 CA Scenic preservation and run-off mitigation in the 

Santa Monica Mountains National Recreation Area 

near PCH and US101 .................................................. $1,500,000 

510 IL South Shore Drive and 67th Underpass ......................... $1,300,000 

511 CA Mission Boulevard / State Route 71 Interchange—Corridor Improvements ..................................................... $4,200,000 

512 OR For purchase of right of way, planning, design and 

construction of a highway, Newberg .......................... $11,000,000 

513 VA Smith River Trail—construction of trail along Smith 

River in Henry County ................................................. $500,000 

514 IL Resurface Clifton Park Ave. and S. Louis Ave., Village 

of Evergreen ................................................................ $400,000 

515 NJ University Heights Connector for improvements to First 

Street in Newark from Sussex Street to West Market 

Street ........................................................................... $637,000 

516 GA Broad Avenue Bridge: Albany .......................................... $500,000 

517 CA Caelsbad, CA Construction of Poinsettia Lane ............... $2,000,000 

518 CA Construct pedestrian enhancements on Broadway in 

Los Angeles ................................................................. $2,500,000 

519 NJ Construct Rt 56 Maurice River Bridge Replacement, 

Salem & Cumberland Counties .................................. $2,000,000 

520 WA Conduct route analysis for community pathway through 

Chehalis ...................................................................... $50,000 

521 WA Construct a multi-jurisdictional non-motorized transportation project parallel to SR99 called the Interurban Trail .................................................................. $2,000,000 

522 FL Construct Downtown Bypass Roadway Connector, Lake 

Mary, Florida ............................................................... $500,000 

523 NY To study, design and construct transportation enhancements on the Brooklyn Waterfront Greenway in Red 

Hook, Greenpoint, and the Navy Yard in Brooklyn ..... $5,800,000 

524 NY Update all county and town traffic signage in Wayne 

County, NY ................................................................... $75,000 

525 CA Construct Route 101 Auxiliary Lanes 3rd Ave in the 

City of San Mateo to Millbrae Ave in Millbrae ........... $5,000,000 

526 CA Undertake Cordelia Hill Sky Valley transportation enhancement project, including upgrade of pedestrian 

and bicycle corridors, Solano County ......................... $3,000,000 

91 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

527 MS Construct I-20 Interchange at Hawkins Crossing, Lauderdale County ............................................................ $2,000,000 

528 TN Sevier, Jefferson, Cocke Counties, Tennessee SR35&US411 widening .................................................... $1,750,000 

529 GA Upgrade Safety of Bicycle and Pedestrian Access to 

Public Schools, Dekalb County ................................... $3,000,000 

530 OH Construction of Safety and related improvements on 

Rutlege Transfer Road in Vernon Township, OH ........ $120,000 

531 WI Reconstruct USH 45 in Antigo ........................................ $2,020,000 

532 WA SR 2/Main Street/Old Owen Road Intersection in Monroe ............................................................................... $480,000 

533 GA Install landscaping and upgrade lighting on Fall Line 

Freeway, Reynolds ....................................................... $350,000 

534 WA Congestion relief on I-405 with added lanes from 

SR520-SR522 including 2 lanes each way from NE 

85th-NE 124th ............................................................ $1,000,000 

535 NY Conduct NYS 5 construction study ................................. $80,000 

536 PA Widen lanes, add left turn lanes and update & install 

traffic signals at SR309, SR 4010 interchange in 

North Whitehall Township ........................................... $1,500,000 

537 KY Reconstruct I-64-KY 180 Interchange, Boyd County, 

Kentucky ...................................................................... $2,000,000 

538 TX Widen US 271 from a 2-lane facility to a 4-lane divided facility from Paris, TX to Pattonville, TX .......... $1,500,000 

539 TN Carter County, Tennessee SR-362 reconstruction .......... $500,000 

540 OH Construct Ohio River Trail, Anderson Township .............. $150,000 

541 MI Delta County, CR 515 from US 2 and US 41 in Rapid 

River to County Road 446 at Days River Road-Bituminous overlay and joint repair ................................. $320,000 

542 FL Fund design phase for widening US 41 north of 

Dunnellon to four lanes .............................................. $1,000,000 

543 TN Construction of Elizabethton Connector in Carter County, Tennessee ............................................................... $500,000 

544 NJ Newark Waterfront Pedestrian and Bicycle Access 

project ......................................................................... $1,500,000 

545 ME Plan and construct Lewiston/Auburn Downtown Connector .......................................................................... $5,800,000 

546 OH Conduct Miami St along SR Route 53 safety enhancement project to improve access to railroad crossing $1,000,000 

547 AK Planning, design, and construction of Juneau access 

roads in Juneau, Alaska ............................................. $15,000,000 

92 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

548 TN Construction of an intersection/interchange in the City 

of Cleveland along I-75 .............................................. $2,400,000 

549 FL Construct Flagler Avenue Improvements, City of Key 

West, Florida ............................................................... $1,000,000 

550 CA Rehabilitate street surface of Cedros Avenue between 

Burbank Blvd. and Magnolia Blvd ............................. $43,000 

551 VA Engineering and Right of Way to widen Route 221 in 

Forest, Virginia ............................................................ $1,000,000 

552 NY Install Improvements for Pedestrian Safety in the vicinity of PS 200 ............................................................... $250,000 

553 TX SH146 grade separation over Red Bluff Rd ................... $17,000,000 

554 TN construction of park access road and adjacent trails at 

the Athens Regional Park in Athens, TN .................... $300,000 

555 IL State Street Road Improvements from 43rd Street to IL 

Rt 157, East St. Louis ................................................ $2,945,000 

556 GA Streetscape-Dawson ........................................................ $200,000 

557 SC Build Carolina Bays Parkway Segment from SC544 to 

US 17 in Myrtle Beach, SC ......................................... $3,000,000 

558 GA US 341 US 41 SR 7 from Barnesville to SR 3, Georgia $4,000,000 

559 OH Reconstruct and widen State Route 82 in North Royalton ............................................................................ $1,000,000 

560 FL Acquisition, engineering, and construction of West Avenue Connector Bridge, City of Miami Beach, FL ........ $1,500,000 

561 ME Safety Enhancements on Routes 11, 6, and 16 for 

Piscataquis County Industrial Development ............... $400,000 

562 IL Study, design, and construction of a designated truck 

route through the City of Monticello .......................... $1,132,000 

563 CA Improvement of intersection at Aviation Blvd. and 

Rosecrans Ave. to reduce congestion ......................... $2,000,000 

564 WI Preliminary engineering for upgrading I94 between Illinois State Line and Mitchell Interchange in SE Wisconsin .......................................................................... $9,000,000 

565 MI Cogshall Road Crossing Improvement and Life Safety 

Access Project in Holly, MI ......................................... $1,200,000 

566 MI Ontonagon County, Improve Fed Forest Hwy 16 from M38 to Houghton County Line ....................................... $500,000 

567 UT Forest Street Improvements, Brigham City, UT .............. $2,000,000 

568 NC I40 Union Cross Road Interchange in Forsyth County, 

NC ................................................................................ $1,000,000 

569 NJ Construct Sea Isle Boulevard Reconstruction from Garden State Parkway to Ludlams Thoroughfare, Cape 

May County .................................................................. $2,000,000 

93 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

570 CA I-5 HOV Improvements from Route 134 to Route 170 ... $500,000 

571 NY Reconfiguration of intersection and redesign of traffic 

signal timing at Mohegan Ave and Lakeland St ....... $475,000 

572 CA Shoal Creek Pedestrian Bridge (San Diego) ................... $1,000,000 

573 GA Streetscape-Cordele ......................................................... $250,000 

574 CA Construct I-605 Interchange Capacity Improvements in 

Irwindale ...................................................................... $2,000,000 

575 SC Construction of interchange at I-385 and SC 14, Exit 

19, in Laurens County, South Carolina ...................... $2,200,000 

576 NE Design, right-of-way and construction of Nebraska 

Highway 35 between Norfolk and South Sioux City ... $4,000,000 

577 MO Complete impact study for North Oak Highway corridor 

redevelopment ............................................................. $500,000 

578 MA Design and construct the 1.5 mile East Longmeadow 

Redstone rail Trail bike path ...................................... $1,500,000 

579 NY Improve bicycle and pedestrian safety on Main Street, 

Holbrook ....................................................................... $100,000 

580 CA Tuolumne, Stanislaus and Merced Counties Upgrade 

existing county highway, J59 ...................................... $2,500,000 

581 FL U.S. 19 Continuous right turn lanes in Pasco County ... $7,000,000 

582 NJ Union Boulevard Revitalization and Streetscape Enhancements, Totowa ................................................... $500,000 

583 IL Improve roads, The Village of Westchester .................... $1,000,000 

584 IN Reconstruct 45th Avenue from Colfax Street to Grant 

Street, Lake County ..................................................... $2,700,000 

585 IN Construct Grade Separation Underpass on Main Street 

in Mishawaka, Indiana ............................................... $1,000,000 

586 UT Construct two-lane divided highway from the Atkinville 

Interchange to the new replacement airport access 

road in St. George ....................................................... $4,000,000 

587 CA Diamond Bar On-Off Ramp at Lemon Ave on SR-60 ..... $12,000,000 

588 NY Harlem Hospital Parking Garage ..................................... $10,000,000 

589 MA Downtown revitalization for Pleasant Street, Malden ..... $1,900,000 

590 NY Install Improvements for Pedestrian Safety in the vicinity of Prospect Park Yeshiva ....................................... $250,000 

591 NY Emergency vehicle preemption system at traffic signals, Smithtown .......................................................... $500,000 

592 CA Reconstruct interchange for south-bound traffic entering I-80 from Central Avenue, City of Richmond ...... $3,000,000 

593 KY Reconstruct KY 393, Oldham County, Kentucky ............. $2,000,000 

594 CA Reduce Orange County Congestion Program .................. $250,000 

595 CA Street Closure at Chevy Chase Drive, Glendale .............. $800,000 

94 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

596 PA Allegheny City Urban Runoff Mitigation-eliminate urban 

highway runoff and the discharge of culverted 

streams into municipal combined sewers ................. $1,000,000 

597 SC Construct Briggs-Pearson-DeLaine Connector ................ $25,000,000 

598 NM Construct an interchange on I-25 to provide access to 

Mesa del Sol in Albuquerque ...................................... $4,000,000 

599 OR Short Haul Intermodal Pilot Project, Eugene .................. $2,500,000 

600 VA Rivermont Ave. (Lynchburg) Bridge improvements ......... $1,700,000 

601 MA Construct new interchange on I-95 between existing 

Route 1A ramp to the north and Route 123 ramp to 

the south, Attleboro .................................................... $500,000 

602 OH Construct Waverly, Ohio South Connector from US 23 to 

SR 104 to SR 220 ....................................................... $3,200,000 

603 VA Craig County Trail—improvements to trail in Craig 

County ......................................................................... $150,000 

604 CO US 160, State Highway 3 to East of the Florida River .. $6,000,000 

605 AS Village road improvements for Ta’u, Ofu, and OlosegaSili counties in Manu’a district .................................. $1,400,000 

606 PR Construction of 4 lane connector serving PR 9922, PR 

9939 and PR 183 ....................................................... $1,950,000 

607 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking, garage & roadway redesign in Duryea Borough, Luzerne County ................ $200,000 

608 OK SH-33, Widen SH-33 from the Cimarron River East to 

US-177 Payne County, OK ........................................... $8,000,000 

609 TX Washington Boulevard Improvements in Beaumont, 

Texas ........................................................................... $2,600,000 

610 FL Widen Midway Road from South 25th Street to U.S. 1 

in St. Lucie County ..................................................... $2,000,000 

611 NY Enhance road and transportation facilities in the vicinity of W. 65th St and Broadway, New York City ........ $5,000,000 

612 LA Construct Kansas-Garrett Connector and I-20 Interchange Improvements ................................................. $5,000,000 

613 PA Construct the SR 1058 Connector between PA 309 and 

the Pennsylvania Turnpike Northeast Extension in 

Montgomery County ..................................................... $1,600,000 

614 OK Reconstruct the Interstate 44 193rd street interchange $3,000,000 

615 NY Roadway improvements to Woodbury Rd at intersection 

with Syosset-Woodbury Rd .......................................... $2,000,000 

616 RI Construct a handicapped accessible trail and platform 

at Kettle Pond Visitor Center Administrative Facility $200,000 

95 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

617 NJ Construct Great Swamp National Wildlife Refuge Road $250,000 

618 CA Grade Separation at 32nd Street between I-15 and 

Harbor Drive, San Diego ............................................. $1,000,000 

619 IN Widen Old Meridian Street from 2 to 4 lanes, City of 

Carmel, Indiana .......................................................... $1,000,000 

620 WI Construct a bicycle/pedestrian path, City of Portage .... $2,200,000 

621 VA Widen Route 17 in Stafford ............................................ $4,000,000 

622 VA Widen Route 820 in Bergton, Virginia ............................ $1,200,000 

623 IL Construction of 2 North/South Blvds. and 2 East/West 

Blvds. in the vicinity of Northern Illinois University .. $7,500,000 

624 CA Begin construction of road from US-395 west towards 

SR-14 .......................................................................... $1,000,000 

625 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Old Forge Borough, Lackawanna County .................... $200,000 

626 PA Improvements to Amtrak Keystone Corridor grade crossings at Irishtown Rd., New Comer Rd., and a new 

bridge at Ebychiques Rd ............................................ $500,000 

627 TN Acquire and construct trail and bikeway along S. 

Chickamauga Creek in Chattanooga, TN ................... $1,600,000 

628 TX Interchange improvements IH-30 Arlington at FM 157 

(Collins Street) and Center Street .............................. $2,000,000 

629 MO Highway 350 Access Management Study from I435 to 

I470 ............................................................................. $1,000,000 

630 TX Mile 6 W from US83 to SH 107, Hidalgo County ........... $1,000,000 

631 NJ Pedestrian facilities and street lighting on Haddon Avenue from Albertson Avenue to Glenwood Avenue, 

Haddon Township ........................................................ $433,000 

632 NY Rehabilitate highway bridges—Ithaca secondary line ... $2,500,000 

633 WA Buckley, WA; New Road alignments on 112th Street 

Corridor ........................................................................ $2,000,000 

634 ID Construct Washington Street North from Addison Avenue to Pole Line Road ................................................ $4,500,000 

635 SC Construction of the US-15/SC-341 connector parallel to 

I-20, Lee County .......................................................... $4,500,000 

636 PA Construct Recreational Trail from Oil City to Rynd Farm 

(Venango County) ........................................................ $1,000,000 

637 TX FM 1637 from FM 3051 to FM 185, Waco ...................... $2,000,000 

638 VA Green Cove Station—improvements to existing Forest 

Service facility located at trailhead of Virginia 

Creeper Trail ................................................................ $100,000 

96 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

639 NJ South Essex Street Bridge Pedestrian Access Improvements, Orange ............................................................. $578,000 

640 TX FM 3391 (East Renfro St.) from I-35W to CR 602, 

Burleson ...................................................................... $1,500,000 

641 WI Replace Wisconsin Street Bridge (STH 44) in Oshkosh, 

Wisconsin .................................................................... $10,000,000 

642 CT Construct Route 11 Extension and Greenway from 

Salem to Waterford ..................................................... $16,000,000 

643 TX Drainage Study and Engineering for US 83 in Starr 

County ......................................................................... $1,000,000 

644 TN widen SR-62 in Knox County, TN .................................... $6,500,000 

645 GA Widen US 17 SR 25 from Yacht Drive to Harry Driggers 

Boulevard, Glynn County, Georgia .............................. $2,000,000 

646 KY Widen US 25 from US 421 North to KY 876, Madison 

County ......................................................................... $1,000,000 

647 GA Widen US 280/SR 30 from east of Flint River to SR 

300 Connector west of Cordele .................................. $1,000,000 

648 MS Upgrade roads in Gunnison, Mound Bayou, Beulah, Benoit, and Shaw, Bolivar County .................................. $2,000,000 

649 NY Construct and enhance Fillmore Avenue and traffic 

down-grade and infrastructure improvements to 

Humboldt Parkway, Buffalo ........................................ $1,500,000 

650 NJ Construct Route 46 & Main Street intersection in Lodi $2,000,000 

651 MN Phase III construction of Trunk Highway 610-10 Minnesota .......................................................................... $5,000,000 

652 NM NM 128 JCT NM 31 East to Texas State Line ................ $3,000,000 

653 NJ Replacement of Prospect Avenue Culvert, City of Summit, County of Union ................................................... $400,000 

654 FL US 441 Traffic Improvements—Road surface, road access, curb, gutter, and right of way, Miami Gardens $900,000 

655 MN Environmental studies and right of way acquisition for 

Trunk Highway 55 Corridor Protection Project ........... $5,000,000 

656 NY Roadway improvements on Woodbine Avenue between 

5th Avenue and Beach Avenue ................................... $800,000 

657 NY Saugerties, Improve downtown streets ........................... $1,200,000 

658 IN Widen US 31 Hamilton County, Indiana ......................... $1,000,000 

659 GA Build a bridge across Big Indian Creek, Perry ............... $1,500,000 

660 MI Carpenter Road Reconstruction—700 feet South of 

Textile Road to I-94, Washtenaw County ................... $2,000,000 

661 IN Resurface and widen Shelby County Indiana 400 North 

Phases IV and V ......................................................... $500,000 

97 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

662 SC Widen West Georgia Road from Neely Ferry Road to 

Fork Shoals Road ........................................................ $2,000,000 

663 TX Construct Phase II of City of Killeen SH-201 ................. $4,000,000 

664 MN Interchange improvements at I-94 and CSAH 19 and at 

CSAH 37 in the city of Albertville, MN ....................... $1,000,000 

665 KY Construction of bypass between KY 55 and US 68 at 

Lebanon in Marion County .......................................... $1,000,000 

666 NY Peruville Road. Creating overpass to address intersection safety issue ......................................................... $2,000,000 

667 OR Add a southbound lane to section of I-5 through Portland, OR between Delta Park and Lombard ............... $5,000,000 

668 MN 10th Street Bridge Expansion in St. Cloud, MN ............. $1,000,000 

669 NJ Intermodal Access Improvements to the Peninsula at 

Bayonne Harbor ........................................................... $2,000,000 

670 TX Nolana Loop from FM 1426 to FM 88, Hidalgo County .. $2,000,000 

671 OH Perry Park Road Improvements and Pedestrian Trail Expansion at Call Road in the Village of Perry, OH ...... $67,000 

672 NV Implement Regional Transportation of Southern Nevada 

FAST system ................................................................ $3,000,000 

673 NY Bronx River Greenway 233rd Street Connection ............. $1,000,000 

674 PA Construction of turn lanes, increase curve radius at 

the intersection of SR 3041 and Industrial Park 

Road, Somerset, Pa ..................................................... $435,000 

675 FL Planning and design for development of future highway connections to the Southwest Florida International Airport ........................................................... $500,000 

676 WI Reconstruct and rebuild St. Croix River Crossing, connecting Wisconsin State Highway 64 in Houlton, 

Wisconsin to Minnesota State Highway 36 in Stillwater Minnesota .......................................................... $7,000,000 

677 TN Conduct study for SR45 to SR386 Connector ................. $500,000 

678 IN Reconstruct and widen Shelby County Indiana 500 East 

from 1200 N to US 52 ................................................ $1,000,000 

679 MO Removal and Replacement of the Grand Avenue Bridge 

in the City of St. Louis ............................................... $3,500,000 

680 TX Conduct reconstruction and managed lanes project on 

Airport Freeway (SH 183–SH 121) from IH 820 to 

the Dallas County Line ............................................... $5,000,000 

681 FL Reconstruction of Hanford Boulevard, North Miami 

Beach .......................................................................... $2,750,000 

682 MA Commonwealth Ave/Kenmore Sq. Roadway & Pedestrian 

Improvements .............................................................. $5,000,000 

98 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

683 NY Pedestrian walkway and bikeway improvements along 

the NYC Greenway System in Coney Island ............... $3,200,000 

684 PA Restore Route 222 in Maxatawny and Richmond Townships, Berks County, PA .............................................. $2,500,000 

685 OH Study and design of modifications to I-75 interchanges 

at M.L. King-Hopple, I-74, and Mitchell in Cincinnati $1,500,000 

686 VA Widen Route 10 to six lanes from Route 1 to 

Meadowville Road, Chesterfield .................................. $1,000,000 

687 GA Rebuild sidewalks, install sidewalks, and add speed 

monitoring system, Alamo .......................................... $250,000 

688 CA Widen Wilmington Ave from 223rd street including 

ramp modifications, Carson ....................................... $3,000,000 

689 WI Construct STH 32 (Claude Allouez) bridge in DePere, 

Wisconsin (Brown County, Wisconsin) ........................ $500,000 

690 NY Construction of drainage improvements and aesthetic 

enhancements to Oak Beach Road in the Town of 

Babylon, NY ................................................................. $430,000 

691 WI Construct an alternative connection to divert local traffic from I-90, a major highway, and allow movement through the Gateway commercial development 

project ......................................................................... $4,000,000 

692 WA East Marine View Drive Widening in Everett .................. $3,500,000 

693 OH Construction of safety improvements at intersection of 

US 422 and SR 700 in Geauga County, OH .............. $300,000 

694 WV Upgrade Route 10, Logan Co .......................................... $5,000,000 

695 TX Conduct Preliminary Engineering for Funnel Project on 

SH 114 from BS 114L to Dallas County Line and on 

SH 121 from SH 360 to Dallas Co Line ..................... $4,000,000 

696 NC Install ITS on US70 Clayton Bypass ............................... $1,000,000 

697 PA Brighton Road Extension—add new street to N Shore 

roadway network to facilitate access to amphitheater ......................................................................... $1,000,000 

698 NJ Broad Street Streetscape Project in Elizabeth to provide 

physical improvements and to enhance transportation flow and efficiency ........................................... $700,000 

699 FL Construction of 4 lane highway around Jacksonville 

connecting US1 to Route 9A ....................................... $3,000,000 

700 WA 510–507 Loop—Conduct engineering, design, and 

ROW acquisition for alternative route to two existing 

highways that bisect Yelm, WA .................................. $2,500,000 

701 CA Develop and implement traffic calming measures for 

traffic exiting the I-710 into Long Beach .................. $1,000,000 

99 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

702 CA San Diego, CA Construction of the I-5 and SR-56 Connectors ......................................................................... $4,000,000 

703 IL Upgrade Ridge Avenue, Evanston ................................... $3,000,000 

704 SC Widening and Improvements for Highway 901, York 

County ......................................................................... $2,000,000 

705 IA Widening and Reconstruction, I-235, Des Moines .......... $6,500,000 

706 CA Bay Road improvements between University Avenue to 

Fordham, and from Clarke Avenue to Cooley Landing. Northern access improvements between University and Illinois Avenues, East Palo Alto ................... $6,000,000 

707 NC Project to widen US 501 from NC 49 in Roxboro to the 

VA state line with part on new location .................... $4,000,000 

708 NY Congestion reduction, traffic flow improvement and 

intermodal transfer study at Roosevelt Avenue/74th 

Street in Queens ......................................................... $640,000 

709 CA Construct bicycle and pedestian bridge between Oyster 

Bay Regional Park in San Leandro and Metropolitan 

Golf Course in Oakland ............................................... $750,000 

710 TX For construction of Seg 5 and 6 of SH 130 from 183 to 

Seguin, TX ................................................................... $5,000,000 

711 NJ Construct the Airport Circle Elimination at Tilton and 

Delilah Roads, Atlantic County ................................... $1,000,000 

712 KY Construct North Somerset Bypass in Pulaski County 

from Nunn Parkway to KY 80 ..................................... $7,000,000 

713 NV Construct US Highway 95—Las Vegas Beltway Interchange ......................................................................... $8,000,000 

714 NY Repair and repave the north side of the Mineola train 

station ......................................................................... $150,000 

715 IL Repair of CH 29 and reconstruction of CH 8 at interchanges with Interstate 55 at Towanda and Lexington Illinois .............................................................. $1,000,000 

716 CA Conduct a Project Study Report for new Highway 99 

interchange between SR 165 and Bradbury Road, 

serving Turlock/Hilmar region ..................................... $500,000 

717 PA Construction of US-22 to I-79 Section of Southern Beltway, Pittsburgh, Pennsylvania .................................... $1,000,000 

718 MN Construction of new highway between the bridge over 

Partridge River on CR 565 in Hoyt Lakes to the 

intersection of CSAH 21 and 70, Babbitt .................. $3,000,000 

719 CA State Route 1 improvements between Soquel and 

Morrissey Blvd including merge lanes and the La 

Fonda overpass, Santa Cruz ....................................... $3,670,000 

100 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

720 WA The West Corridor Coalition in Washington state ........... $500,000 

721 WA North Sound Connecting Communities Transportation 

Project Planning .......................................................... $1,000,000 

722 FL West Relief Bridge Rehabilitation, Bay Harbor Islands .. $1,500,000 

723 NE Western Douglas County Trails Project, Nebraska .......... $5,500,000 

724 TN Bristol, Tennessee highway-RR grade Crossing improvement—Hazelwood Street .................................... $100,000 

725 GA Extend East Greene Street, install street lights, utilities, and landscaping, Milledgeville ........................... $400,000 

726 CA Grade Separation at Vanowen and Cliveborne, Burbank $1,000,000 

727 MA Improve traffic signal operations, pavement markings 

& regulatory signage, Milton-Boston City Line .......... $1,500,000 

728 NY Port Jervis, NY downtown pedestrian mall and promenade ............................................................................ $650,000 

729 MN Construct Soo Line Trail from north of Bowlus to the 

east side of Mississippi River .................................... $495,000 

730 WI Construct traffic mitigation signals, signs, and other 

upgrades for Howard Ave, St. Francis ........................ $400,000 

731 NH Reconstruction of NH 11 and NH 28 Intersection in 

Alton ............................................................................ $700,000 

732 CA Riverside Drive Improvements, Los Angeles ................... $400,000 

733 CA Upgrade CA SR 4 East from the vicinity of Loveridge 

Road to G Street, Contra Costa County ..................... $15,000,000 

734 TX Widen SH 24 from a 2-lane facility to 4-lane divided 

facility from SH 19 to Cooper, TX .............................. $1,500,000 

735 PA Rail crossing signalization upgrade, Willow Street, 

Fleetwood, Berks ......................................................... $325,400 

736 IL 25th Avenue Grade Separation, Melrose Park ................ $500,000 

737 SC Construct Hub City Connector Passage (12.5 miles of 

bicycle-pedestrian improvements, 176-SC 56), part 

of state-wide Palmetto Trail Project .......................... $1,000,000 

738 FL Construct US 1/SR 100 Connector, Bunnell, Florida ...... $2,500,000 

739 MN Construction of Gitchi-Gami State Trail from Gooseberry 

Falls State Park Trail Head parking lot to 2.3 miles 

east ............................................................................. $700,000 

740 CA Design and environmental analysis for State Route 11 

connecting State Route 905 to the new East Otay 

Mesa Port of Entry, San Diego ................................... $1,000,000 

741 NY Improve North Fork Trail, Southold ................................. $200,000 

742 HI Interstate Route H1 Deck Repair, Airport Viaduct .......... $4,770,000 

743 OH Replace Grade Separation at Eastland and Sheldon 

Road, Berea ................................................................. $750,000 

101 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

744 WA Widen I-5 through Lewis County ..................................... $3,500,000 

745 SC Engineering design and construction of I-73 from the 

North Carolina State Line to I-95 ............................... $10,000,000 

746 OH Planning and construction of a bicycle trail adjacent to 

the I-90 and SR 615 Interchange in Lake County, 

OH ................................................................................ $2,500,000 

747 SC Widening of Boiling Springs 9 from Rainbow Lake Rd. 

to SC 292 .................................................................... $5,000,000 

748 IL Construct Streetscape Project, Orland Hills ................... $400,000 

749 IL Widening of Lake Cook Road ITS in Deerfield, IL ........... $500,000 

750 OR Widening of Oregon Hwy 217 between Tualatin Valley 

Hwy and the US 26 interchange, Beaverton .............. $10,000,000 

751 PR Widening of PR 111 at the intersections of PR-444 

through PR-423 ........................................................... $6,000,000 

752 MI Widen M-72 from US-31 easterly 7.2 miles to Old M-72 $2,500,000 

753 PA Widening of Rt.22 and SR.26 in Huntingdon. Upgrades 

to the interchange at US RT 22 and SR26 ................ $3,375,000 

754 MN Widening of US Highway 61 at Frontenac Station, MN .. $800,000 

755 KS Construction and reconstruction of four interchanges 

on I-435, I-35 and US-69 in Johnson Co ................... $4,000,000 

756 MA Melnea Cass Blvd Reconstruction ................................... $2,000,000 

757 NH Improve Meredith Village Traffic Rotary ......................... $1,000,000 

758 FL Implement Blue Heron Boulevard Streetscape Improvements, City of Riviera Beach ...................................... $2,500,000 

759 NY Install Improvements for Pedestrian Safety in the vicinity of PS 114 ............................................................... $250,000 

760 WI Reconstruct STH 181 between Florist Ave and North 

Milwaukee County Line ............................................... $4,500,000 

761 LA Replace the Prospect Street Bridge (LA 3087), Houma $3,000,000 

762 GA Streetscape improvements along LaVista Road in the 

Northlake business district of DeKalb County, Georgia ............................................................................... $200,000 

763 MD Study Greater Towson Area traffic flow and future 

needs ........................................................................... $200,000 

764 FL Construct US 1 Improvements, Cities of Holly Hill and 

Ormond Beach, Florida ............................................... $400,000 

765 OH Transportation Enhancements to the downtown area of 

the Village of Chagrin Falls, OH ................................ $700,000 

766 MA Pedestrian Walkway for the Town of Norwood ................ $780,000 

767 NJ Restoration of Route 35 in Ocean County, New Jersey .. $1,500,000 

768 PA Extension of Third Street from Interstate 83 to Chestnut Street, Harrisburg ................................................. $4,800,000 

102 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

769 TX Carlton road grade separation, Laredo, TX ..................... $5,000,000 

770 OH Construct connector roadway between SR13 13 and 

Horns Hill Road in north Newark ................................ $250,000 

771 TN Construct new lighting on Veterans Memorial Bridge, 

Loudon County, Tennessee .......................................... $250,000 

772 NY Roadway improvements on CR3 between Ruland Rd 

and I-495 .................................................................... $2,220,000 

773 TN Construct State Route 385 (North and East) around the 

city of Memphis .......................................................... $3,150,000 

774 NY Waterloo, NY by-pass project .......................................... $7,000,000 

775 IN Extend Everbrook Drive from SR 332 to Bethel Avenue 

in the City of Muncie, Indiana ................................... $640,000 

776 TN Construct Proposed SR397 extension from SR96 West 

to US 431 North to Franklin WIlliamson County ........ $2,225,000 

777 AK Construct linking road from airport to port in Akutan ... $1,500,000 

778 PA Uniontown to Brownsville section of Pennsylvania Mon/ 

Fayette Expressway ..................................................... $5,000,000 

779 NY Ashburton Avenue Reconstruction, Yonkers, New York ... $1,000,000 

780 OR Highway 22, Polk County ................................................. $1,000,000 

781 FL I-75 Widening and Improvements in Collier and Lee 

County, Florida ............................................................ $45,000,000 

782 WI Pioneer Road Rail Grade Separation (Fond du Lac, Wisconsin) ......................................................................... $4,000,000 

783 FL Design and construction of double-deck roadway system exiting FLL airport connecting Y.S. 1 and I-595 $4,000,000 

784 MI Wayne, Reconstruct one quarter of a mile stretch of 

Laurenwood ................................................................. $125,000 

785 GA Construct the West Cleveland Bypass from US 129SR 

11 near Hope Road extending west of Cleveland, on 

new and existing locations to SR75 ........................... $2,900,000 

786 IL Eliminate Highway-Railway crossing over US 14 and 

realignment of US 14, Des Plaines ............................ $2,000,000 

787 OR Highway 22-Cascade Highway interchange improvements, Marion County ................................................. $500,000 

788 VA Widen Route 29 between Eaton Place and Route 123 in 

Fairfax City, VA ........................................................... $3,000,000 

789 WI Reroute State Hwy 11 near Burlington, WI (Kenosha 

County, WI) .................................................................. $2,000,000 

790 IL East Peoria, Illinois Technology Blvd. upgrades ............. $1,000,000 

791 DC Metro Branch Trail Construction ..................................... $2,000,000 

792 MA Study and design I-93 / Mystic Ave. Interchange at Assembly Sq .................................................................... $500,000 

103 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

793 NM Widening of US 491 from Navajo 9 to Colorado state 

border .......................................................................... $2,000,000 

794 FL Construct access road to link Jacksonville International 

Airport to I-95 ............................................................. $5,000,000 

795 FL Widening of SR 60 from 66th Avenue to I-95 in Indian 

River County, FL .......................................................... $1,000,000 

796 GA Widening of SR 133: Colquitt Co./Daughtery Co ............ $1,000,000 

797 PA Rail Bridge Removal and intersection improvements, 

Cameron and Paxton Streets, Harrisburg ................... $1,300,000 

798 PA Widening of SR 1001 Section 601 in Clinton County .... $1,000,000 

799 PA Widening of Route 40 in Wharton Township, Fayette 

County, Pa ................................................................... $2,000,000 

800 NJ Widening of Route 1 and intersection improvements in 

South Brunswick ......................................................... $1,000,000 

801 PA Construct PA 706 Wyalusing Bypass Bradford County, 

Pennsylvania ............................................................... $1,000,000 

802 IL Construct four lane extension of IL RT29 from Rochester to Taylorville ....................................................... $600,000 

803 IL Widening of Old Madison Road, St. Clair County ........... $2,000,000 

804 NY Construction of Bicycle Path and Pedestrian Trail in 

City of Dunkirk ............................................................ $500,000 

805 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Plains Township, Luzerne County ............................... $200,000 

806 CA Replace I-880 overpass at Davis St in San Leandro ..... $750,000 

807 PA DuBois-Jefferson County Airport Access Road Construction .............................................................................. $1,000,000 

808 GA Streetscape project to improve accessibility and safety 

for pedestrians, Mount Vernon ................................... $500,000 

809 IL Replacement of Fullerton Avenue Bridge and Pedestrian 

Walkway ....................................................................... $4,800,000 

810 NH Construct intersection at US 3 and Pembroke Hill Road 

in Pembroke ................................................................ $700,000 

811 FL A new interchange with the Pineda Causeway Extension and I-95 .............................................................. $11,000,000 

812 CT Make Improvements to Groton Bicycle and Pedestrian 

Trails and Facilities .................................................... $380,000 

813 MN TH36—Stillwater Bridge; cut-and-cover approach to 

river crossing .............................................................. $500,000 

814 NM US 54 Reconstruction, Tularosa to Santa Rosa ............. $2,000,000 

104 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

815 VA Daniel Boone Wilderness Trail Corridor—acquire site; 

design and construction of interpretative center, enhancement of trail corridor ......................................... $3,200,000 

816 MI Widening of M-24 from two lanes to four lanes with a 

boulevard from I-69 to the county line ...................... $1,000,000 

817 IN Construct US 231 in Spencer and Dubois Counties in 

Indiana ........................................................................ $6,000,000 

818 TN Construct overpass at Highway 321 and Highway 11 

Loudon County, Tennessee .......................................... $6,500,000 

819 SD Improve the SD Advanced Traveler Information System $1,400,000 

820 NV Construct I-15 Widening—US 95–I-515 Interchange to 

Apex Road ................................................................... $6,000,000 

821 NY Implement ITS system and apparatus to enhance citywide truck route system on Avenue P between Coney 

Island Avenue and Ocean Avenue in the 9th District 

of New York ................................................................. $100,000 

822 GA Install sidewalks, trails, lighting, and amenities in 

Balls Ferry Park, Wilkinson County ............................. $500,000 

823 CA Construct Inland Empire Transportation Management 

Center in Fontana to better regulate traffic and dispatch personnel to incidents ...................................... $1,500,000 

824 IL Reconstruct Milwaukee Avenue, including Six Corners .. $17,000,000 

825 TX Implementation and quantification of benefits of largescale landscaping along freeways and interchanges 

in the Houston region ................................................. $18,496,000 

826 PA Design, engineering, ROW acquisition & construction of 

a connector road between PA 115 & Interstate 81 in 

Luzerne County ............................................................ $250,000 

827 AL Pedestrian Improvements for Homewood, AL .................. $100,000 

828 TN Plan and construct a bicycle and pedestrian trail, Gallatin ............................................................................. $665,000 

829 MA Conduct design, feasibility and environmental impact 

studies of proposal to relocate New Bedford/ 

Fairhaven bridge ......................................................... $2,000,000 

830 IA Iowa City, IA Construction of arterial extension project 

connecting Coralville to west and south Iowa City ... $2,500,000 

831 NJ Rehabilitate Route 139 in Jersey City—Portway ............ $2,000,000 

832 NJ Route 605 extension to US–206 ..................................... $1,000,000 

833 OH Widen SR 170 Calcutta ................................................... $2,500,000 

834 IA Widening of Hwy 44, Grimes ........................................... $500,000 

835 VA Widening of Highway 15 in Farmville, Virginia .............. $5,000,000 

105 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

836 MA Design and construct intersection improvements at Memorial Park II on Roosevelt Ave from Bay St to Page 

Boulevard, Springfield ................................................. $1,000,000 

837 SC Widening of Frontage Road from US 72 to US 56, 

Laurens, SC ................................................................. $2,800,000 

838 NY Mill Road: NY Rte 261 to North Avenue in the Town of 

Greece .......................................................................... $2,500,000 

839 NC Widening of Beckford Drive, City of Henderson .............. $960,000 

840 NY Realignment of Clove Road and Rt 208, access management improvements in Orange County ................. $1,200,000 

841 NY City of Peeskill, NY Street Resurfacing Program. Brown 

Street ........................................................................... $52,000 

842 FL Fund advanced Right-of-Way Acquisition along SR 52 

in Pasco County, Florida ............................................. $3,700,000 

843 MA Design, engineer, permit, and construct ‘‘Border to 

Boston Bikeway’’ rails-trails project, from Salisbury 

to Danvers ................................................................... $1,000,000 

844 FL Soutel Drive Road Enhancements, Jacksonville .............. $1,500,000 

845 NJ Bicycle facilities in West Deptford Township .................. $115,000 

846 PA Create a direct connection between State Road 29 and 

State Route 113 .......................................................... $3,000,000 

847 MA Design and construction of the north and southbound 

ramps on Interstate 91 at Exit 19 ............................. $1,500,000 

848 IA NW 70th Ave reconstruction, Johnston ............................ $4,500,000 

849 NY Town of Minisink South Plank Road ............................... $275,000 

850 VA Town of St. Paul—restoration of historic Hillman 

House to serve as trail system information center 

and construction of stations on trails ....................... $150,000 

851 PA Conduct environmental review and acquire right of way 

for preferred alternative to improve PA 41 ................ $4,000,000 

852 FL Acquire Right-of-Way for Ludlam Trail, Miami, Florida .. $750,000 

853 NY Construct Safe Routes to Schools projects in New York 

City .............................................................................. $3,000,000 

854 CO Construction of US 24—Tennessee Pass, Colorado ....... $6,000,000 

855 CA Implement Riverside Avenue Railroad Bridge improvements, south of Interstate 10 in Rialto ..................... $500,000 

856 MA Longwood Ave/Urban Ring Tunnel Study ........................ $450,000 

857 IL Traffic Signal Coordination at US 45 at IL 132 (Grand 

Avenue) and IL 132 at Rollins Road and US 45 at 

Rollins Road ................................................................ $100,000 

858 IA US 63 improvement near New Hampton, Iowa ............... $8,700,000 

859 NY Village of Unionville reconstruction of Main Street ........ $80,000 

106 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

860 TX Widening from two lanes to four of SH 36 from 

Bellville, TX to Sealy, TX ............................................. $7,000,000 

861 KY Comprehensive Traffic Study for intersection of Main 

Street and Berea College Campus, Berea .................. $600,000 

862 TN Improve State Route 62 in Morgan County near US 27 

in Wartburg to Petit Lane from existing two lane 

highway to four lanes ................................................. $2,000,000 

863 IL Construct West Corbin Overpass over Illinois 255, 

Bethalto ....................................................................... $5,000,000 

864 OR Improvements for intersections heavily traveled through 

which include Beaverton Hillsdale Hwy Scholls Ferry 

and Oleson, Beaverton ................................................ $250,000 

865 FL Improvements to I-75 in the City of Pembroke Pines, 

Florida ......................................................................... $9,750,000 

866 CA Planning, design, engineering and construction of 

Naval Air Station, North Island access tunnel on SR 

75-282 corridor, San Diego ........................................ $5,000,000 

867 CA Construct road from Mace Blvd in Yolo County to federally supported Pacific Flyway wildlife area ............. $1,000,000 

868 PA Construction of ramps on I-95 and US 322, widening 

of streets and intersections ........................................ $3,000,000 

869 NY Construct and restore pedestrian and residential roadways in downtown business district in Rockville 

Centre .......................................................................... $1,000,000 

870 LA Plan, design and construct Pointe Clair Expressway in 

Iberville Parish ............................................................ $3,000,000 

871 MA Construction of East Milton Parking Deck over Interstate/Rt. 93 ................................................................. $1,000,000 

872 PA Reconstruction of I-176 in Cumru and Robeson Townships, Berks County .................................................... $5,000,000 

873 MI Resurfacing of Masonic Boulevard in Fraser .................. $1,160,000 

874 OH Construct Ohio River Trail from Downtown Cincinnati, 

Ohio to Salem Road .................................................... $1,400,000 

875 PA Realignment and reconstruction of SR60 interchange 

with US 22-30 and reconstruct adjacent TonidaleBayer intersection ....................................................... $1,000,000 

876 NY Construction and rehabilitation of East and West John 

Streets in the Village of Lindenhurst, NY .................. $930,000 

877 NY Construct Northern State Parkway and Long Island Expressway access at Marcus Avenue and Lakeville 

Road and associated Park and Ride .......................... $6,000,000 

107 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

878 PA Deployment of an Intelligent Transportation System 

along I-476 Pa Tpke NE Ext/Pa-309 and I-76 

Schuylkill Exwy in Montgomery County ....................... $2,500,000 

879 NY Install Improvements for Pedestrian Safety in the vicinity of PS 153 ............................................................... $250,000 

880 TX Build 36th Street Extension in San Antonio ................... $2,000,000 

881 CA North Atlantic Pedestrian Bridge, Monterey Park ........... $600,000 

882 CA Reconstruct Eastern Ave from Muller St to Watcher St 

in Bell Gardens ........................................................... $1,000,000 

883 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

West Pittston, Luzerne County .................................... $200,000 

884 CA Design Traffic Flow Improvements Azusa and Amar, 

City of West Covina .................................................... $1,250,000 

885 MI Reconstruction of Nine Mile Road in Eastpointe ............ $1,120,000 

886 WA Redmond, WA City-wide ITS ............................................ $1,000,000 

887 IL Reconstruction and realignment of Baseline Rd, Montgomery, IL .................................................................... $2,080,000 

888 NY Transportation Enhancements to support Development 

of Erie Canal in Niagra and Orleans Counties .......... $750,000 

889 CO US 160, East of Wolf Creek Pass ................................... $7,500,000 

890 MA Design, engineering and construction at I-93 The Junction Interchange, Andover, Tewksbury and Wilmington ....................................................................... $2,500,000 

891 CA Rosemead Boulevard/Highway 19 Renovation Project, 

Pico Rivera .................................................................. $100,000 

892 PA Intersection improvements at PA Route 209 and Water 

Company Road, construction of a bridge and access 

enhancements to Nature and Arts Center, Upper 

Paxton Township ......................................................... $500,000 

893 TX Improvements to FM 1979 in Caldwell County ............... $300,000 

894 HI Interstate Route H1 guard rail and shoulder improvements, Waikele Bridge to Airport Interchange, Honolulu .............................................................................. $3,800,000 

895 MI M-168 Reconstruction in the village of Elberta ............. $2,200,000 

896 CA Colima Road at Fullerton Road Intersection Improvements .......................................................................... $1,000,000 

897 OH Design and construct Youngstown State University 

Roadway and Pedestrian Safety Improvements, 

Youngstown ................................................................. $2,500,000 

898 MO Reconstruct Interstate 44 and Highway 39 Interchange $5,000,000 

108 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

899 WA Complete final Columbia River crossing Environmental 

Impact Statement for SR-35 in Klickitat County ....... $800,000 

900 KY Reconstruct US 127 at Bellows Road, Mercer County .... $600,000 

901 NY Roadway and Pedestrian Improvements for Times and 

Duffy Squares in New York City ................................. $2,000,000 

902 FL Six lane expansion of State Road 200 (A1A) from Interstate 95 east to Amelia Island .................................. $4,000,000 

903 MI Widen and reconstruct Tienken Road in Rochester Hills 

from Livernois to Sheldon ........................................... $4,000,000 

904 NV Design and Construct I-580 Meadowood Complex Improvements, Washoe County ....................................... $2,000,000 

905 NY Town of Chester reconstruction of 13 independent town 

roads ........................................................................... $200,000 

906 NY Implement ITS system and apparatus to enhance citywide truck route system at 9th Street and 3rd Avenue intersection in Kings County ............................... $100,000 

907 TX Construction of highway infrastructure to provide flood 

protection for Nueces County ...................................... $1,000,000 

908 FL Widen State Road 80, Hendry County ............................. $3,500,000 

909 NE Construction of the Columbus, Nebraska North Arterial 

Road ............................................................................ $4,500,000 

910 KY Extension of Newtown Pike from West Main Street to 

South Limestone Street, Lexington ............................. $16,500,000 

911 OH Road construction and related improvements in the 

Village of Gates Mills, OH .......................................... $500,000 

912 IL Widening and Reconstruction of 55th Street from 

Holmes Avenue to Williams Street in Westmont and 

Clarendon Hills ............................................................ $1,000,000 

913 IL Road upgrades for the Village of Oreana, IL ................. $884,000 

914 ID Widen Amity Road from Chestnut Street to Robinson 

Road in Nampa, Idaho ................................................ $2,000,000 

915 TX Widening FM 60 (University Drive) from SH6 to FM 158, 

College Station ............................................................ $3,000,000 

916 GA Widening Cedarcrest Road from Paulding County line 

to Governors Towne ..................................................... $3,150,000 

917 CA Widening Avenue 416 in Dinuba California .................... $1,500,000 

918 MA Design and construction of streetscape improvements 

on Main and Maywood Streets, Worcester .................. $600,000 

919 TX Extend Munn Street from Demaree Ln to Gellhorn Drive $1,000,000 

920 MN City of Moorhead SE Main GSI, 34th St. and I94 Interchange and Moorhead Comprehensive Rail Safety 

Program ....................................................................... $3,000,000 

109 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

921 AL Widening and safety improvements to SR-216 between 

SR-215 and I-59, I-20 ................................................ $3,000,000 

922 WA Improve 13.5 mile section of Klickitat bicycle and pedestrian trail between Lyle and Klickitat ................... $250,000 

923 IL Improve safety of culvert replacement on 250th Rd between 460th St and Cty Hwy 20 in Grandview Township, Edgar County, IL ................................................ $320,000 

924 NY Kingston, Improve uptown streets ................................... $1,000,000 

925 PA Replace Blair Creek Bridge over the Little Lehigh 

Creek, just west of the Maple Grove Bridge, in 

Longswamp Township, Berks County ......................... $1,600,000 

926 CA Construct highway connecting State Route 78/86 and 

State Route 111, Brawley ........................................... $9,500,000 

927 GA Widening and improvements on Colerain Road in St. 

Marys, Georgia ............................................................ $1,000,000 

928 MD Implement Pedestrian and Roadway Improvements 

Contained in the Druid Hill Park Neighborhood Access Program in Baltimore ......................................... $2,000,000 

929 AZ Kabba Wash project between I-40 and Wikieup ............. $2,000,000 

930 ME Route 2 Improvements from Bethel to Gilead ................ $500,000 

931 FL Widening and Improvements for I-75 in Collier and Lee 

County ......................................................................... $27,000,000 

932 TX Widening 349 Dawson and Martin County ..................... $2,000,000 

933 WI Widen Wisconsin State Highway 64 between Houlton 

and New Richmond ..................................................... $4,000,000 

934 IN Widen Wheeling Avenue from Centennial to McGalliard 

Road in the City of Muncie, Indiana .......................... $960,000 

935 MN Construct a bike trail along the north side of TH 11 to 

the Voyageurs National Park Visitor Center on Black 

Bay of Rainy Lake ....................................................... $540,000 

936 FL Construct pedestrian underpass and safety improvements at SR-A1A and Castillo Drive, City of St. Augustine ........................................................................ $1,600,000 

937 CA Rehabilitate street surfaces in Sherman Oaks ............... $124,000 

938 CA Repair and realignment of Brahma Dr. and Winnetka 

Ave ............................................................................... $300,000 

939 NJ Riverwalk in Millburn along the West Branch of the 

Rahway River .............................................................. $750,000 

940 AL I-20 widening and safety improvements in St. Clair 

County ......................................................................... $4,000,000 

941 TN Plan and construct Rutherford County visitor’s center/ 

transportation information hub .................................. $500,000 

110 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

942 UT Streetscape a two-lane road and add turning lanes at 

key intersections on Santa Clara Drive in Santa 

Clara ............................................................................ $500,000 

943 CA US 101 Operational Improvements, San Jose ................. $5,000,000 

944 IL Upgrade traffic signal system on 87th Street, Chicago $500,000 

945 LA Water Well Road Gateway Cooridor (LA 478)—Design, 

Right of Way, and Construction of 3.6 miles from I49 to LA 1 ................................................................... $5,650,000 

946 CO East 104th and US 85 Intersection: Study, design and 

construction of needed improvements to intersection $1,000,000 

947 FL Widen West Virginia Drive from Floresta Drive to US 1 

in St. Lucie .................................................................. $3,000,000 

948 ID Widen US 95 in Idaho from Jct. SH-1 to Canadian Border ............................................................................... $3,000,000 

949 IL Engineering of the Willow Creek Trail Extension from 

Rock Cut State Park to the Long Prairie Trail ........... $200,000 

950 CA Widen Interstate 8 overpass at Dogwood Road, Imperial 

County ......................................................................... $2,122,500 

951 CA Improve bridge 58-7 on SR-115 that crosses the Alamo 

River in Holtville and also project design and environmental analysis of a new bridge over the same 

river ............................................................................. $1,000,000 

952 ID Widen US 95 from Worley to Mica Creek, Idaho ............. $3,000,000 

953 MI Complete the 2 segments of US 127 from Ithaca to St. 

Johns to a limited access freeway ............................. $5,000,000 

954 CA Construct a new interchange where I-15 meets Cajalco 

Road in Corona, CA .................................................... $10,000,000 

955 OH Construct interchange at CR 80 on IR 77 near Dover ... $5,000,000 

956 TX US 67, widening from Nolan River to West Buffalo 

Creek, Cleburne ........................................................... $3,000,000 

957 NC Widen and improve I–85 through Cabarrus County from 

US 29–49 to 29–601 .................................................. $8,000,000 

958 NC US 401 from Raleigh to Fayetteville ............................... $4,000,000 

959 GA Construct and Improve Westside Parkway, Northern 

Section, in Fulton County ............................................ $4,000,000 

960 NY City of Peeskill, NY Street Resurfacing Program. Hudson Avenue .................................................................. $130,000 

961 CA Construction of CA 101 Auxiliary Lanes, Marsh Rd. to 

Santa Clara County Line ............................................. $2,250,000 

962 NY For the acquisition of ferry boats and ferry terminal facilities and operation of ferry service from Rockland 

County-Yonkers-Manhattan ......................................... $1,500,000 

111 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

963 IL For engineering, right-of-way acquisition and reconstruction of two existing lanes on Arsenal Road from 

Baseline Rd to Rt 53 .................................................. $1,750,000 

964 PA For the Scranton City Redevelopment Authority to design, engineer, acquire ROW & construct 

streetscapping enhancements, paving, lighting & 

safety improvements, parking & roadway redesign ... $2,500,000 

965 FL Construct landscaped sidewalks, bus lanes, pedestrian/bicycle paths, vehicular lanes, City of Plantation .............................................................................. $1,536,041 

966 NY Improve Route 17—Access Control, Elmira to Chemung $2,500,000 

967 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Plymouth Borough, Luzerne County ............................ $200,000 

968 ID Improve SH-75 from Timmerman to Ketchum ................ $5,000,000 

969 OR Improve U.S. 97 from Modoc Point to Algoma ............... $2,000,000 

970 SD Construct an interchange on I-90 at Marion Road west 

of Sioux Falls .............................................................. $1,400,000 

971 CA Realign First St between Mission Rd and Clarence St 

in Los Angeles ............................................................. $1,250,000 

972 MO Relocation of Route 13 Branson West Bypass ............... $5,200,000 

973 IL Resurfacing Congress Parkway, The Illinois Department 

of Transportation ......................................................... $500,000 

974 RI Establish interchange between Route 4 and Interstate 

95 ................................................................................ $6,000,000 

975 TX Improvements to FM 676 in Alton .................................. $500,000 

976 MA Reconstruction of Goddard Memorial Drive from State 

Route 9 to Airport Drive, Worcester ............................ $2,000,000 

977 FL Homestead, FL Widening of SW 320 Street (Mowry 

Drive) from Flagler Avenue to SW 187 Avenue .......... $2,500,000 

978 CT Broad Street Reconstruction Project in New Britain ...... $1,800,000 

979 PA Construct Johnsonburg Bypass ....................................... $4,400,000 

980 CT Construct Valley Service Road Extension, North Haven $2,000,000 

981 VA Construction of transportation related enhancements 

and infrastructure of the VMFA project ...................... $1,000,000 

982 MI Reconstruct and Widen I-94 in Kalamazoo, MI .............. $14,000,000 

983 MD Land Acquistion for Highway Mitigation in Cecil and 

Worcester Conties, MD ................................................ $19,500,000 

984 CA Construct overpass on Central Ave at the railroad 

crossing in Newark ..................................................... $750,000 

112 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

985 IL City of Bartonville, Street widening and improvements 

and sidewalk improvements ....................................... $952,572 

986 OH Construct Williamsburg, Ohio to Batavia, Ohio Hike & 

Bike Trail ..................................................................... $250,000 

987 IL The continuation of US Route 12 from the Wisconsin 

state line to the intersection of Tryon Grove Road, 

Route 12 and Illinois State Route 31 ........................ $3,000,000 

988 FL US17-92 and French Ave. Roundabout, Sanford ............ $500,000 

989 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Hanover Township, Luzerne County ............................ $200,000 

990 MI Reduction from 3.5 miles of travel to 1.0 miles of 

travel crossing over the Tittabawassee River on Meridian Road ................................................................. $3,000,000 

991 ID Widen US-95 from Top of Lewiston Hill to Moscow, 

Idaho ........................................................................... $2,000,000 

992 TX Construct a pedestrian/bicycle trail in the Sunnyside 

area of Houston .......................................................... $750,000 

993 TX Construct remaining 800-foot 4-lane divided thoroughfare for Preston Rd segment between Beltway 8 and 

Genoa Red Bluff Rd .................................................... $1,160,000 

994 AS Shoreline protection and drainage mitigation for Aua 

village roads ............................................................... $1,000,000 

995 SC Medical University of South Carolina Roadway Enhancement ................................................................... $4,000,000 

996 PR Replacement ferries on Culebra and Vieques routes ..... $2,000,000 

997 MI Livonia, reconstruct Stark Rd. between Plymouth Rd. 

and I-96 ...................................................................... $1,000,000 

998 PA PA Route 309 roadway construction and signalization 

improvements in Tamaqua Borough ........................... $2,000,000 

999 MA Union Square Roadway & Streetscape Improvements .... $500,000 

1000 TX Improvements to South McColl Road in Hidalgo County $2,400,000 

1001 MS Widen US Hwy 61 and improve major intersections, 

Natchez ........................................................................ $2,000,000 

1002 TX Widen US 82 from 2-lane facility to 4-lane facility 

from FM 1417 in Sherman, TX to US 69 in Bells, TX $4,000,000 

1003 TX Widen US 79, from FM 1512 near Jewett to IH-45 to a 

four-lane divided highway .......................................... $2,000,000 

1004 TN Construct shoulder and turn lane on SR 35 in Seymour, Tennessee ......................................................... $1,500,000 

113 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1005 NE Construction of Heartland Expressway between Alliance 

and Minatare, NE ........................................................ $7,500,000 

1006 WA Pedestrian Sidewalk Construction in Snohomish ........... $175,000 

1007 TN North Second Street Corridor Upgrade, Memphis ........... $2,000,000 

1008 OH Purchase High Speed Ferries for Black River Excursion 

Boat Service, Lorain .................................................... $750,000 

1009 MD MD4 at Suitland Parkway ................................................ $4,000,000 

1010 OK Widen US 60 from approximately 2 miles east of the 

US 60-US 75 interchange east approximately 5.5 

miles ............................................................................ $1,000,000 

1011 NC Widen US 401 from Wake County to Louisburg .............. $3,000,000 

1012 PA CUPSS, Pennsylvania, Urban Maglev Demonstration 

Test Project ................................................................. $5,000,000 

1013 TX Widen US 287 Bypass at Ennis from two to four lanes $7,000,000 

1014 KY Widen US 27 from KY 34 to US 150 Bypass, Garrard 

County and Lincoln County ......................................... $2,000,000 

1015 MN Right of way acquisition for Mississippi River Bridge 

connecting I94 and US10 between US169 and 

TH101 .......................................................................... $1,000,000 

1016 WI Rehabilitate Highway 53 between Chippewa Falls and 

New Auburn ................................................................. $4,000,000 

1017 IL Widen U.S. Route 67 from Macomb to Illinois 101 ........ $2,000,000 

1018 IL Widen U.S. Route 51 from Pana to Vandalia ................. $3,000,000 

1019 IL Widen U.S. Route 34 from U.S. 67 to Carmen Road ...... $4,000,000 

1020 WA Alaskan Way Viaduct and Seawall .................................. $14,000,000 

1021 NJ East Coast Greenway bicycle and pedestrian path from 

New Brunswick to Hudson River ................................ $1,000,000 

1022 FL Construct bicycle and pedestrian undperpass and park 

under I-95, Miami ....................................................... $1,500,000 

1023 CA Implement Van Nuys Road and Safety Improvements ... $500,000 

1024 FL New systems interchange ramps at SR 417 and Boggy 

Creek Road in Orange County, FL .............................. $6,000,000 

1025 NY Reconstruction of Tappan Street Bridge in Town of 

Newark Valley .............................................................. $1,000,000 

1026 IL Widen Rakow Road from Ackman Road to IL Rt 31 in 

McHenry County, Illinois .............................................. $6,400,000 

1027 IL Widen U.S. Route 30 from Rock Falls to Round Grove, 

Whiteside County ......................................................... $500,000 

1028 TN Bristol, Tennessee highway-RR grade crossing improvement—Cedar Street .................................................... $50,000 

1029 IL Perform Broadway and Sheridan Road signal interconnect project, Chicago ............................................ $1,500,000 

114 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1030 IL Widen U.S. Highway 30 in Whiteside County, Illinois ..... $1,000,000 

1031 WI Rehabilitate existing bridge and construct new bridge 

on Michigan Street in Sturgeon Bay, Wisconsin ........ $5,000,000 

1032 ME Replacement of the Route 201-A ‘‘covered’’ bridge, 

Norridgewock ............................................................... $1,000,000 

1033 AR Widen to four lanes, improvement, and other development to U.S. Highway 167 from LA state line north 

to I-530 ....................................................................... $5,000,000 

1034 PA Widen the Route 412 corridor from I-76 into the City of 

Bethlehem ................................................................... $10,000,000 

1035 HI Construct access road for Kahului Airport ..................... $1,000,000 

1036 IL Improve Highway-Railroad Crossings, Galesburg ........... $750,000 

1037 MN Sauk Rapids Bridge and Roadway Replacement in 

Sauk Rapids, MN ........................................................ $6,000,000 

1038 TN Construct Transportation and Heritage Museum in 

Townsend, Tennessee .................................................. $1,000,000 

1039 CA Widen State Route 98, including storm drain developments, from Kloke Road to State Route 111, 

Calexico ....................................................................... $3,000,000 

1040 CA Widen State Route 98 from Route 111 to State Route 

7, Calexico ................................................................... $5,000,000 

1041 GA Construction of bypass around town of Hiram, from SR 

92 to US 278, Paulding County, Georgia ................... $2,500,000 

1042 TX Construction of the interchanges at BI20 and IH20 for 

JBS Parkway ................................................................ $2,500,000 

1043 CA Widen State Route 46 between Airport Road and the 

Shandon Rest Stop in San Luis Obispo County ......... $33,461,000 

1044 TN Widen State Route 4 (US-78) from Mississippi State 

Line to Getwell Road (SR-176) in Memphis, Shelby 

County ......................................................................... $1,000,000 

1045 MI Baraga County, Reconstruction of county primary road 

on Bayshore Drive from Haanpaa Road northerly 1.7 

miles to Whirligig Road .............................................. $750,000 

1046 NY Town of Warwick, NY walking and biking trail .............. $500,000 

1047 AK Bridge over Fish Creek in Matanuska-Susitna Borough $1,000,000 

1048 GA GA 400 and McGinnis Ferry Road Interchange, Forsyth 

County, GA ................................................................... $3,900,000 

1049 NY Implement Improvements for Pedestrian Safety in Kings 

County ......................................................................... $1,000,000 

1050 NY Reconfigure road through FDR VA Hospital to provide 

access to Battery Place in Town of Cortlandt ........... $395,000 

115 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1051 CA Widen State Route 262, replace two railroad overpass 

structures, and rebuild on and off ramps between 

SR 262 and Kato Rd in Fremont ................................ $4,000,000 

1052 TN Widen State Route 101 in Cumberland County from two 

lane highway to five lanes between State Routes 

282 (Dunbar Road) and 392 in Crossville ................. $8,000,000 

1053 FL Widen State Road 50 in Lake County, Florida ................ $7,000,000 

1054 AZ Widen SR 95 through Lake Havasu City ......................... $2,000,000 

1055 GA Widen SR 85 from SR 74 to County Route 126 Bernhard Road, Fayette County, Georgia ........................... $3,000,000 

1056 CT Construct New arterial roadway from Boston Avenue 

north to proposed Lake Success Business Park in 

Bridgeport, CT ............................................................. $10,000,000 

1057 MI M-13 Washington Avenue Streetscape Project. Phase II 

of High Priority Project 192 in PL 105-550. City of 

Saginaw ....................................................................... $1,500,000 

1058 TX Improvements to FM 716 in Duval County ..................... $1,000,000 

1059 NY Town of Chester Surrey Meadow subdivision road improvements .................................................................. $300,000 

1060 PA Cresheim Valley Drive Revitalization project involving 

scenic enhancements & pedestrian safety improvements from Lincoln Drive to Navajo Street ................ $1,100,000 

1061 NC Transportation Improvements at Piedmont Triad Research Park, Winston-Salem, NC ................................ $2,000,000 

1062 MO Upgrade and partially relocate MO Rt 141 from I-64 to 

Rt 340 ......................................................................... $2,600,000 

1063 NY Construct Millennium Parkway in the Towns of Dunkirk 

and Sheridan ............................................................... $10,500,000 

1064 AZ Construct the Rio Salado Parkway to connect I-10 and 

Loop 202 freeways to 7th Street in downtown Phoenix ................................................................................ $8,000,000 

1065 TN Improving Vehicle Efficiencies at At-Grade highwayRailroad Crossing in Lenoir City, TN .......................... $104,000 

1066 NJ Replacement of Monmouth County bridges W-7, W-8, 

and W-9 ...................................................................... $2,000,000 

1067 OK US-54, Widen US-54 from North of Optima Northeast to 

Kansas State Line, Texas County, OK ......................... $1,000,000 

1068 FL Widen Palm Coast Parkway and I-95 interchange and 

overpass, Flagler County, Florida ............................... $2,900,000 

1069 FL Delray Beach Federal Highway pedestrian improvements SE 4th Street to NE 4th Street ........................ $2,000,000 

116 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1070 WI Expand Highway 10 between Marshfield and Stevens 

Point ............................................................................ $20,000,000 

1071 NY Install Improvements for Pedestrian Safety in the vicinity of IS 72/PS 69 ....................................................... $250,000 

1072 TN Upgrade roads for Slack Water Port facility and industrial park Lake County ................................................ $1,875,000 

1073 AK Emergency evacuation road at Point Hope in North 

Slope Borough ............................................................. $3,000,000 

1074 MI Construct railroad grade separation on M-85 (Fort 

Street) North of Van Horn Road, Trenton ................... $2,000,000 

1075 IL Land acquisition, engineering, and construction for the 

initial 2-lane segments of the Corridor between IL31 

to IL25 and other segments of the Corridor as appropriate ...................................................................... $1,000,000 

1076 PA Modernize traffic signals, complete minor roadway realignment, and improve channelization at US322 

and PA10 intersection ................................................. $480,000 

1077 KS Construction of a four-lane access controlled improvement for 4 miles on US-54/400 in Pratt County ....... $10,686,000 

1078 IN Upgrade rail crossing at 93rd Avenue, St. John ............ $200,000 

1079 FL Widen SR 710 by 2 lanes from Congress Avenue to US1 .................................................................................. $3,000,000 

1080 GA Widen SR 234/Gillionville Road from Eight Mile Road to 

Lockett Station, Dougherty County .............................. $1,000,000 

1081 CA Widen SR 12 to four lanes through Jamieson Canyon 

(between I-80 and SR 29) for safety concerns and 

economic growth ......................................................... $5,000,000 

1082 GA Widen SR 104 from SR 383/Belaire Road to CR 515/ 

Cumberland Drive (including bridges) in Columbia 

County ......................................................................... $4,000,000 

1083 IN Study Traffic on Muncie By-Pass from Centennial Avenue to McGalliard Road in the City of Muncie and 

Delaware County, Indiana ........................................... $120,000 

1084 FL Construct US 17-92 improvements, Maitland, Florida ... $1,500,000 

1085 CA Widen South Main St.-Soda Bay Rd. between CR 400A 

(mile marker 0.0-miler marker and 0.7) and CR 502 

(mile marker 0.0 and 0.9) .......................................... $3,000,000 

1086 VA Replacement of the 635 Bridge in Orange County, VA .. $500,000 

1087 TX construct Loop 20 in Laredo ........................................... $16,000,000 

1088 IA Construct SE Connector/MLK Pkwy, Des Moines ............. $7,500,000 

1089 FL Construction and Design of Miami River Greenway 

Road Improvements and 5th Street Improvements ... $2,000,000 

117 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1090 TX Widen SH 317 from two lanes to four lane divided facility ............................................................................. $2,000,000 

1091 TX Widen SH 205 from two lanes to a six lane urban divided highway from North of SH 66 to proposed SH 

276 .............................................................................. $1,000,000 

1092 CA Widen Santa Maria River Bridge on U.S. Highway 101 

between Santa Barbara County and San Luis Obispo 

County ......................................................................... $3,400,000 

1093 CA Widen San Fernando Road North, including streetscape 

projects, Sylmar .......................................................... $1,060,000 

1094 PA Central Susquehanna Valley Transportation Project US 

15: $5 million for the final design ............................ $4,100,000 

1095 NJ Construct Rt 49 Cohansey River Bridge Replacement, 

Cumberland County ..................................................... $3,000,000 

1096 ME Construction and snowmobile safety accommodations 

for Route 116 Bridge, Medway ................................... $4,000,000 

1097 MI Construct pedestrian trail and bridge in Kearsley Park 

in Flint ......................................................................... $100,000 

1098 IA Coralville, IA Implementation of final phase of Safety 

Improvements Project from 12th Ave to 22nd Ave .... $900,000 

1099 IL Expand and improve Illinois Route 47 Roadway from 

Reed Road to Kreutzer Road in Huntley, Illinois ........ $6,400,000 

1100 NY Build Route 15, Pennsylvania to Presho ......................... $10,000,000 

1101 GA I-285 Riverside interchange reconstruction, Fulton 

County, Georgia ........................................................... $1,500,000 

1102 MN Construct 3 segments of Cuyuna Lakes Trails, Crow 

Wing County ................................................................ $1,200,000 

1103 WA Improve I-5 interchange at 134th Street in Clark County ................................................................................. $11,350,000 

1104 GA Construct Pedestrian Safety Improvements on Buford 

Hwy (SR-13), Dekalb County ....................................... $3,000,000 

1105 DC 11th St. Bridges, Rehabilitation of structures as well 

as new ramps to provide for traffic at Navy Yard, 

Southeast Federal Ctr., and Gateway Government Ctr $32,000,000 

1106 MO Improve U.S. 36 to divided four lane expressway from 

Macon to Route 24 ..................................................... $8,000,000 

1107 VA Mill Road Slip Ramp ....................................................... $500,000 

1108 NY Construct sidewalks and curbing on Tate Avenue in 

Village of Buchanan ................................................... $375,000 

1109 MI Delta County, Widen, pulverize, improve drainage at 

County Rd 497 from US 2 at Nahma Junction southerly 4.75 miles to the village of Nahma .................... $575,000 

118 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1110 UT Construction of 200 North Street highway-rail graded 

crossing separation, Kaysville, Utah .......................... $4,000,000 

1111 FL Kennedy Blvd. Reconstruction, Eatonville ....................... $2,000,000 

1112 VA Improvements to public roadways within the campus 

boundaries of the Virginia Biotechnology Park, Richmond, VA ..................................................................... $2,000,000 

1113 VA Install Transporation Critical Incident Mobile Data Collection Device in Charlottesville ................................. $400,000 

1114 NY Ithaca, Design and construct pedestrian and bicycle 

path ............................................................................. $544,000 

1115 AZ Navajo Mountain Road on the Navajo Nation ................ $1,000,000 

1116 PA Expansion of existing PA Turnpike ITS System ............... $4,100,000 

1117 TX Construction of ferryboat for City of Port Aransas ......... $400,000 

1118 NY Project will rehabilitate and reopen historic High 

Bridge, which crosses the Harlem River between 

Manhattan and the Bronx ........................................... $5,000,000 

1119 NJ Route 17 Congestion Improvements and Widening, from 

Williams Avenue to the Garden State Parkway and 

Route 4 in Bergen County .......................................... $12,000,000 

1120 IN Design and construct Tanner Creek Bridge on US50, 

Dearborn County Indiana ............................................ $1,240,000 

1121 NC Environmental studies and construction of US 74 Monroe Bypass Extension .................................................. $5,000,000 

1122 OH Construct Pedestrian Bridge from east of Dock 32 to 

Voinovich Park southwest corner, Cleveland .............. $2,140,000 

1123 GA Extension of Sugarloaf Parkway, Gwinnett County ......... $1,000,000 

1124 ME Construct bicycle and pedestrian bridge over Stillwater 

River, Orono ................................................................. $1,000,000 

1125 IL For widening from two to four lanes, the Brookmont 

Boulevard Viaduct in Kankakee, IL and adjusting 

approach grades ......................................................... $750,000 

1126 GA I-285 SR 400 interchange reconstruction and HOV 

interchange, Fulton County, Georgia .......................... $1,000,000 

1127 MN Construct a road between Highway 332 and TH 11 including a signalized rail road crossing, Koochiching 

County ......................................................................... $300,000 

1128 MO Hanley Road from I-64 to south of State Route 100, St. 

Louis County ................................................................ $4,000,000 

1129 AL Expand SR-167 from Troy, AL to Enterprise, AL ............. $3,000,000 

1130 MN Construction of primary and secondary access roadways to the Duluth Air National Guard Base, City of 

Duluth .......................................................................... $4,250,000 

119 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1131 CT Construct high-speed rail crossing to bike and pedestrian trails—Enfield, CT ............................................. $2,300,000 

1132 TX Expansion of Port Rd at Northbound Frontage Rd of 

SH146 east to intersection with Cruise Terminal Rd 

to 6-lane section with raised median ........................ $7,340,000 

1133 TN Constuct Western Bipass from Zinc Plant Road to 

Dotsonville Road, Montgomery County ....................... $3,400,000 

1134 CA Improvements to SR-67, Mapleview to Dye Road (San 

Diego) .......................................................................... $5,000,000 

1135 TN Plan and construct a bicycle and pedestrian trail, 

Springfield ................................................................... $250,000 

1136 TX Expansion of Daniel McCall Dr., Lufkin, TX .................... $3,220,000 

1137 NY Rehabilitate the Pines Bridge Road and Lake Avenue 

and Ryder Road, in Ossining, Yorktown, and New 

Castle .......................................................................... $2,765,000 

1138 CA Construct Valley Boulevard Drainage Improvements, El 

Monte ........................................................................... $750,000 

1139 NJ Route 82 Union County Streetscape and Intersection 

Improvements .............................................................. $1,000,000 

1140 NY Short Clove Road Rail Overpass, Haverstraw ................. $1,000,000 

1141 FL Construct Atlantic Boulevard Improvements, Key West, 

Florida ......................................................................... $1,000,000 

1142 CA Implement intelligent management & logistics measures to improve freight movement, Gateway Cities ... $3,000,000 

1143 WI Expand USH 45 between CTH G and Winchester, Winnebago County, WI ...................................................... $5,000,000 

1144 NY Implement ITS system and apparatus to enhance citywide truck route system on LIE Eastbound Service 

Road at 74th Street to Caldwell Ave, Grand Ave 

from 69th Street to Flushing Ave, and Eliot Ave from 

6 .................................................................................. $100,000 

1145 IA Construct IA-32 Arterial from US 20 in Dubuque Co, IA 

to US 61 and US 151 ................................................. $19,000,000 

1146 HI Kapolei Transportation Improvements, Island of Oahu .. $1,000,000 

1147 MA Quincy Avenue Bridge Replacement ................................ $900,000 

1148 CA Los Angeles Regional Diesel Emissions Reduction Program For Engine Retrofit, Gateway Cities .................. $500,000 

1149 IL Reconstruct intersection of Wood Dale and Irving Park 

roads in DuPage County, IL ........................................ $12,300,000 

1150 GA Social Circle bypass completion, from Stanford Road to 

SR 11, Social Circle .................................................... $3,000,000 

120 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1151 GA Streetscape Project to install sidewalks and bicycle 

trails, Gray .................................................................. $500,000 

1152 MO Reconstruction of the Tucker Street Bridge in the City 

of St. Louis .................................................................. $7,000,000 

1153 PA Bethlehem Pike improvements from Valley Green Road 

to South of Gordon Lane, Springfield Township ......... $1,000,000 

1154 GA Construct I-75 I-575 HOV interchange, Cobb County, 

Georgia ........................................................................ $600,000 

1155 IL Construct multi-use pedestrian path between Oakton 

St. and Dempster St., Skokie ...................................... $250,000 

1156 AZ Construct link from Twin Peaks Road to I-10 and Linda 

Vista Blvd. including bridge over Santa Cruz River 

and overpass of Union Pacific Rail Road .................. $5,000,000 

1157 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Newport Township, Luzerne County ............................ $200,000 

1158 VA Fries Train Station and Trail—restoration of former 

train station for use as visitors center and construction of trail along New River .............................. $1,000,000 

1159 PA Construction SR 3024, Middle Creek Bridge II, South 

Canaan, Wayne County ............................................... $700,000 

1160 WI Expand USH 141 between STH 22 and STH 64 (Oconto 

and Marinette Counties, Wisconsin) ........................... $2,000,000 

1161 IL Development of a coordinated trail system, parking 

and trial systems in Dixon, IL .................................... $3,200,000 

1162 PA Installation of comprehensive signage system across 

1700 acres of urban parks in Pittsburgh .................. $900,000 

1163 GA Interstate 75/Windy Hill Road Interchange ..................... $2,000,000 

1164 NJ Bridge replacement and SR31 widening over the Raritan Valley Line in Glen Garnder, Hampton, 

Hunterdon County ........................................................ $1,000,000 

1165 VA Bristol Train Station—historic preservation and rehabilitation of former Bristol, VA train station .............. $500,000 

1166 CO I-25 Improvements—Douglas–Arapahoe County Line to 

El Paso County Line .................................................... $4,000,000 

1167 TN Reconstruct connection with Hermitage Avenue to 

Cumberland River Bluff in Nashville .......................... $500,000 

1168 IL For Village of Lemont to construct a bridge over Chicago Ship and Sanitary Canal linking Centennial 

Trail to I&M Canal Trail .............................................. $100,000 

121 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1169 OH Construct roadway improvement along State Route 62 

in Berlin ...................................................................... $100,000 

1170 NY Reconstruction and improvements of University Avenue 

and the extension of the ARTWalk project, Rochester $2,000,000 

1171 NH Reconstruction and Improvements to NH Route 110 in 

Berlin ........................................................................... $2,000,000 

1172 PA Route 6 Resurfacing from Mansfield Borough in Richmond Township to the Village of Mainesburg in Sullivan Township ............................................................ $1,000,000 

1173 WA SR 167—Right of way acquisition for a new freeway 

connecting SR 509 to SR 161 .................................... $2,500,000 

1174 MD I-70: Frederick ................................................................. $3,000,000 

1175 NY Planning and Construction of Fort Drum Connector Rd $6,000,000 

1176 CA Study and construct highway alternatives between Orange and Riverside Counties, directed by RCTC, 

working with local transp. authorities, and guided 

by the current MIS ...................................................... $10,000,000 

1177 CA Fresno County, CA Widen Friant Road to four lanes 

with class II bicycle lanes .......................................... $1,500,000 

1178 MO Study for Highway 160 & Kansas Expressway Corridor $2,000,000 

1179 FL Construct Route 9B from US 1 to Route 9A (I-295) to 

the Duval County line ................................................. $5,000,000 

1180 PA Design, const. widening of PA 94 from York-Adams 

County line to Elm Street in Hanover, PA .................. $3,000,000 

1181 CA Improvement of intersection at Burbank Blvd. and 

Woodley Ave ................................................................. $160,000 

1182 NY I-81 Corridor Improvements in Syracuse, NY .................. $2,000,000 

1183 WA Perform final interchange design and property 

acqusition at Fleshman Way where it crosses SR 

129, that enhances safety and passenger and 

freight mobility and reduces congestion .................... $1,050,000 

1184 WA Roosevelt Extension at Urban Avenue to Cameron Way 

in Mount Vernon .......................................................... $4,000,000 

1185 NJ Hazel Street reconstruction, Passaic County .................. $2,250,000 

1186 FL Improvements to Eller Drive including right-of-way acquisition and construction of return loop connector $1,000,000 

1187 MO Study Highway 37-60 Entire Corridor ............................. $2,500,000 

1188 TX The District-Tyler Outer Loop 49 Construction ............... $5,880,000 

1189 PA Tidal Schuylkill Riverfront project consists of an eight 

mile bike and pedestrian recreation trail from Locust Street to Historic Bartram’s Gardens ................. $1,680,000 

1190 NY Town of Fishkill reconstruct Maple Ave .......................... $24,500 

122 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1191 IL For IDOT to expedite pre-construction and construction 

to widen I-55 from Naperville Road south to I-80 .... $3,500,000 

1192 UT 200 East Minor Arterial, Logan City, Utah ..................... $900,000 

1193 NJ Construct I-287, I-80, Route 202 Interchange ............... $1,000,000 

1194 NY Design and construction of Fulton Street from Clinton 

Avenue to Bedford Avenue in Brooklyn, New York ..... $5,600,000 

1195 TX Port of Corpus Christi Joe Fulton International Trade 

Corridor for congestion and safety enhancements .... $500,000 

1196 MO Renovations and Enhancements on the Bicycle Pedestrian Facility on the Old Chain of Rocks Bridge 

spanning the Mississippi River .................................. $800,000 

1197 CT Construct Shoreline Transportation Enhancement 

Projects, Guilford, Branford, East Haven ................... $2,000,000 

1198 NJ Highway Improvements in Liberty Corridor ..................... $5,000,000 

1199 OH Construct SR 104 into a 4 lane facility with a turning 

lane in Ross County .................................................... $6,000,000 

1200 MO Construct 2 lanes on Hwy 45 from Hwy 9 to Graden 

Road in Platte County ................................................. $3,000,000 

1201 MS Plan and Construct Highway 45 Bypass in Columbus ... $4,000,000 

1202 PA Reconstruct hwy & replace of bridge on US 422 between the Berks County Line and the Schuylkill 

River in Montgomery and Chester Counties ............... $1,500,000 

1203 FL Construct SR 20 connection to SR 100 via CR 309-C, 

Putnam County, Florida .............................................. $4,300,000 

1204 OH Road and related pedestrian improvements at SR 283 

in the Village of Grand River, OH .............................. $100,000 

1205 NY Road infrastracture projects to improve commercial access in the Towns of Malta and Stillwater and the 

Village of Round Lake, Saratoga County, New York .. $8,150,000 

1206 NY Replace structurally deficient bridge over the Pocantico 

River, the Village of Pleasantville .............................. $1,000,000 

1207 IL Complete Heavy Truck Loop for DuQuoin Industrial Park $625,000 

1208 MD Construction and dualization of US 113 ........................ $15,000,000 

1209 GA Streetscape-Quitman ....................................................... $200,000 

1210 NY Town of New Windsor Toleman & Station Roads Reconstruction and area Improvements .............................. $715,000 

1211 IL Turning lanes to US Rt. 14 (Northwest Highway) at the 

Arthur Ave Union Pacific Grade in Arlington Heights $700,000 

1212 WA Design and construct pedestrian land bridge spanning 

SR14 ............................................................................ $1,354,000 

123 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1213 MI Construction of Greenways in Pittsfield Charter Township—2.5 miles to existing Ann Arbor Greenways, 

Pittsfield Charter Township ........................................ $299,000 

1214 CA Golden Gate National Parks Conservancy—Plan and 

Implement Trails & Bikeways Plan for the Golden 

Gate National Recreation Area and Presidio .............. $5,200,000 

1215 NY State of NY Village of Kiryas Joel sidewalk project ........ $750,000 

1216 OH Tuscarawas Township, Stark County, Ohio. Improvements to Alabama Ave ............................................... $800,000 

1217 NE Resurfacing of Bellevue Bridge, City of Bellevue, Nebraska ......................................................................... $500,000 

1218 CA Upgrade and reconstruct I-580/ Vasco Road Interchange, City of Livermore ........................................... $2,500,000 

1219 TX Build Bike Trail at Chacon Creek in Laredo ................... $3,300,000 

1220 UT 3200 South Project, Nibley, Utah .................................... $1,000,000 

1221 NJ Expand Route 440—State Street Interchange in Perth 

Amboy .......................................................................... $5,000,000 

1222 GA Improvement and construction of SR 40 from east of 

St. Marys cutoff at mile post 5.0, Charlton County 

to County Route 61, Camden County, Georgia ........... $2,000,000 

1223 PA Erie, PA Regional upgrades to urban-rural corridors ..... $800,000 

1224 GA Georgia Construct Three Greenway Trail Project, Dekalb 

County ......................................................................... $2,000,000 

1225 FL Croos Creek Boulevard Widening .................................... $1,000,000 

1226 MD Implement Intelligent Transportation System in Baltimore ............................................................................ $500,000 

1227 OH Construct an access road into the industrial park near 

SR 209 and CR 345 in Guernsey County ................... $800,000 

1228 CA Improve the Rosecrans Ave and Alondra Blvd bridges 

over the San Gabriel River in Bellflower .................... $50,000 

1229 PA Independence National Historic Park scenic enhancement and pedestrian walkways improvement project 

in conjunction with the park’s Executive Mansion 

Exhibit ......................................................................... $4,500,000 

1230 CA Modesto, Riverbank & Oakdale, CA Improve SR219 to 

4-lanes ........................................................................ $2,000,000 

1231 ME Modifications to Exit 7/I-295 and to Franklin Arterial, 

Portland ....................................................................... $3,380,000 

1232 KY Replace Bridge and Approaches on Searcy School Road 

over Beaver Creek, Anderson County .......................... $875,000 

1233 NJ Route 22 Sustainable Corridor Plan ............................... $5,750,000 

124 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1234 NY Conduct studies, if necessary, and construct the High 

Line Trail Project, New York City ................................ $5,000,000 

1235 WA Install dual left turn lanes and intersection signal 

modifications at SR432 and Columbia Blvd .............. $1,750,000 

1236 OK Transportaion enhancements for Highway 19 from Ada 

to Stratford .................................................................. $3,000,000 

1237 CA Interstate 15-Base Line Road Interchange Project, Rancho Cucamonga, California ........................................ $5,000,000 

1238 SC Build Interchange at US 17 and Bowman Road in 

Mount Pleasant, SC .................................................... $6,000,000 

1239 CA Complete Monterey Bay Sanctuary Scenic Trail between 

Monterey and Santa Cruz counties ............................. $6,000,000 

1240 NY Improve Hospital Road Bridge between CR99 and 

CR101, Patchogue ....................................................... $6,000,000 

1241 NV Construct Martin Luther King Blvd.—Industrial Rd. 

Connector .................................................................... $6,000,000 

1242 MI I-96 Beck, Wixom Road Interchange, design, ROW, and 

construction ................................................................. $1,000,000 

1243 IA Muscatine, IA Construction of 4.2 mile multi-purpose 

trail from Musser Park to Weggens Road .................. $500,000 

1244 GA Historic preservation of a city bus station in downtown 

Eastman ...................................................................... $134,917 

1245 TX Construction of internal roads at Port of Brownsville to 

make roads safer with less wear and tear ................ $1,000,000 

1246 NY NYSDOT Route 55 turning lane at Gardner Hollow Road $400,000 

1247 TN Plan and construct a bicycle and pedestrian trail, 

Lewisburg .................................................................... $100,000 

1248 TX Reconstruct Danieldale Rd from I-35E to Houston 

School Rd in Lancaster ............................................... $2,000,000 

1249 CT Relocation of Edmond Road in Newtown and construction of additional turning lanes at Rte 6 and Commerce and Edmond Rds ............................................. $600,000 

1250 OH Construction of Interchange at State Route 8 and Seasons Road, Stow, OH .................................................. $3,000,000 

1251 NJ North Avenue—Route 1 Elizabeth Pedestrian and Bicycle Project ................................................................... $75,000 

1252 AL Pedestrian Improvements for Morris, AL ......................... $100,000 

1253 NY Preliminary design and environmental impact study for 

a collector-distributor road along I-95 from Westchester Ave. to Bartow Ave ......................................... $7,360,000 

125 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1254 NJ Replacement of Signals at the Intersections of Centennial Ave @ Lincoln Ave and Walnut Ave @ Lincoln 

Ave, Cranford, NJ ........................................................ $490,000 

1255 KS Replacement or rehabilitation of the Amelia Earhart 

US-59 Bridge in Atchison County, Kansas ................. $2,000,000 

1256 CA San Diego, CA Interstate 15 Managed Lanes ................. $1,000,000 

1257 CA Central Galt & State Route 99 Interchange and Access 

Improvements .............................................................. $3,000,000 

1258 OH Springfield, OH Relocation of North Street ..................... $2,500,000 

1259 KY Reconstruct KY 89 from Irvine Bypass to 2000 Feet 

North of Estill County High School, Estill County ...... $750,000 

1260 NY Town of East Fishkill new construction Bypass road ..... $800,000 

1261 CA Establish new grade separation at Sunset Ave in Banning ............................................................................. $2,000,000 

1262 CT Construct and Widen Stamford Rail Underpass & Road 

Realignment Project .................................................... $1,000,000 

1263 TN Hamblen County, Tennessee US11E (SR34) interchange 

improvements .............................................................. $1,000,000 

1264 IL Implement ITS and congestion Mitigation Project on I294 and I-90 ............................................................... $4,000,000 

1265 AZ Bridge at 59Th Ave and Glendale Ave ............................ $2,000,000 

1266 TX Hike and bike trail will tie into the Gellhorn Dr. project 

providing an improved multi-modal transportation 

facility ......................................................................... $1,000,000 

1267 OH Jackson Township, Ohio—Hill and Dales Road widening ........................................................................... $2,000,000 

1268 SC Build 701 Connector (Southern Conway Bypass) in SC $5,000,000 

1269 MN Reconstruct I-694 White Bear Avenue (CSAH 65) Interchange in White Bear Lake ........................................ $500,000 

1270 WI Replace 17th Street Lift Bridge, Two Rivers, Wisconsin $6,000,000 

1271 MA Route 116 and Bay Road Intersection Improvements— 

Amherst ....................................................................... $4,000,000 

1272 IL Streetscape improvements on Blue Island from 19th 

-21st St, Chicago ........................................................ $1,000,000 

1273 TN Construct and improves intersections in Niota, Tennessee ......................................................................... $100,000 

1274 CA Upgrade Bellflower intersections at Alondra Blvd and 

at Rosecrans Ave in Bellflower ................................... $350,000 

1275 NJ Construct Riverbank Park Bike Trail, Kearny .................. $2,500,000 

1276 NC Install ITS on US 52 in Forsyth County .......................... $400,000 

1277 MD Construction and dualization of MD 404 in Queen 

Anne, Talbot and Caroline Counties ........................... $7,000,000 

126 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1278 NY Dutchess County, NY Replace County Bridge BIN 

3358440 on DeGarmo Road CR43, Town of Poughkeepsie ........................................................................ $250,000 

1279 IL Upgrade connector road from IL Rt I-255 to IL Rt 3, 

Sauget ......................................................................... $2,400,000 

1280 NJ Reconstruction of Route 46/Route 3/Valley Rd/Notch Rd 

Interchange ................................................................. $12,000,000 

1281 MS Upgrade roads in Attala County District 4 (Roads 4211 

and 4204), Kosciusko, Ward 3 (U.S. Hwy 16), and 

Ethel (U.S. Hwy 12), Attala County ............................ $1,000,000 

1282 TX Construction of streets in the White Heather area of 

Houston ....................................................................... $9,250,000 

1283 MS Upgrade roads in Canton (U.S. Hwy 51, 22, 16 and I55), Madison County ................................................... $400,000 

1284 IA Reconstruction of the Neal Smith Trail, bicycle and pedestrian, Polk Co ......................................................... $1,000,000 

1285 CA Rehabilitate pavement on Azusa Avenue and San Gabriel Avenue in Azusa ................................................. $500,000 

1286 CA South Bay Cities COG Coastal Corridor Transportation 

Initiative, Phase 3, El Segundo .................................. $2,000,000 

1287 MS Upgrade roads in Terry, Edwards, Utica and Bolton, 

Hinds County ............................................................... $1,250,000 

1288 FL US 1 six laning from St. Lucie County line to south of 

4th St in Indian River County, FL .............................. $1,000,000 

1289 MD Expand Route 29 in Howard County ............................... $5,000,000 

1290 WA Issaquah SE Bypass ........................................................ $5,000,000 

1291 NY Town of Patterson Couch Road project ........................... $75,000 

1292 MD US 220 MD 53 North South Corridor .............................. $1,000,000 

1293 NJ Improvements to Clove Road and Long Hill Road in Little Falls and Upper Mountain Ave. in Montclair ........ $2,750,000 

1294 HI Study of East Hawaii Alternative Road, Island of Hawaii .............................................................................. $200,000 

1295 FL Town of Southwest Ranches Urban Interchange ............ $2,000,000 

1296 CA Long Beach Intelligent Transportation System: Integrate 

functioning traffic management center that includes 

the port, transit, airport as well as the city’s police 

and fire departments, Long Beach ............................. $2,000,000 

1297 CA Almaden Expressway Improvements between Branham 

Lane and Blossom Road, San Jose ............................ $3,500,000 

1298 AR Construct and rehabilitate University of Arkansas Technology Corridor Enhancement Project ......................... $1,200,000 

1299 CO US 550, New Mexico State Line to Durango ................... $6,000,000 

127 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1300 TX Construct bicycle and pedestrian trails in Houston’s 

historic Third Ward ..................................................... $750,000 

1301 NY Village of Cold Spring Main St. sidewalk and lighting 

improvements .............................................................. $250,000 

1302 NY Village of Goshen Hatfield Lane reconstruction ............. $250,000 

1303 SC Plan and build Interstate 73 from NC line to Myrtle 

Beach, SC .................................................................... $10,000,000 

1304 TX IH-35E Bridge Reconstruction over Lake Lewisville ....... $1,000,000 

1305 FL Construct College Road Improvements, Key West, Florida ............................................................................... $500,000 

1306 NY West Harlem Waterfront-ferry, intermodal and street 

improvements .............................................................. $14,000,000 

1307 CA Construct sound barriers at the I-805/S.R. 54 Interchange, National City ................................................. $850,000 

1308 NY Road projects that develop Access to Port Byron and 

Erie Canal ................................................................... $1,250,000 

1309 FL West Palm Beach, Florida, Flagler Drive Reconfiguration .............................................................................. $1,000,000 

1310 AL Construct extension of I-565 westward from existing 

interchange to existing Tennessee River bridges at 

Decatur, AL .................................................................. $5,000,000 

1311 CT Construct Farmington Canal Greenway enhancements, 

New Haven and Hamden ............................................ $2,500,000 

1312 GA Replace sidewalks, upgrade lighting, and install landscaping, Helena .......................................................... $400,000 

1313 IA Upgrade US 30 ‘‘Liberty Square’’ in City of Clinton, 

Iowa ............................................................................. $9,500,000 

1314 HI Study of Waianae Coast Emergency Access Road .......... $500,000 

1315 NY Westchester County, NY Rehabilitation of Lexington 

Ave, Mt. Kisco ............................................................. $500,000 

1316 CA Widen and Improve County Line Road in Calimesa ....... $2,000,000 

1317 OH Construct turn lane, install traffic light, and reorient 

traffic on SR 146 near Bussemer Lane in 

Muskingum County ...................................................... $600,000 

1318 RI Restore and Expand Maritime Heritage site in Bristol ... $1,000,000 

1319 OH City of Green, Ohio. Lauby Road exit improvements ...... $1,500,000 

1320 NY Construct Bicycle Path in Town of Bedford .................... $500,000 

1321 CA Compton Arterial Reconstruction and Improvement Program, Compton ........................................................... $4,000,000 

1322 MT Construction of S. 323 from Alzada to Ekalaka in 

Carter County .............................................................. $12,000,000 

1323 IL Improve Great River Road, Mercer County ...................... $500,000 

128 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1324 FL Normandy Blvd. & Cassat Ave. Transportation Enhancements, Jacksonville ........................................... $500,000 

1325 OH North Canton, OH Applegrove St. road widening ............ $3,000,000 

1326 MA Design & Build Cape Cod Bike Trail, with Shining Sea 

Bikeway, to link core with outer Cape communities 

& heavily visited national sites .................................. $4,000,000 

1327 TN Plan and construct N. Tennessee Boulevard enhancements .......................................................................... $500,000 

1328 NJ Quinn Road realignment, Clifton .................................... $3,000,000 

1329 MO Reconstruct Interstate 44 and Highway 65 Interchange $16,300,000 

1330 MN Reconstruct TH61 from Beaver Bay to Silver Bay. Construction of Gitchi-Gami Spur Trail between main 

trail and Silver Bay Marina along TH61 roadway 

segment ....................................................................... $6,800,000 

1331 KY Reconstruction of KY259 in Edmonson County from 

Green River Bridge at Brownsville to Kyrock Elementary School .................................................................. $1,000,000 

1332 LA Construction of a merge lane at the intersection of I10 and US 190 ........................................................... $500,000 

1333 AL Expand SR-210 (Ross Clark Circle) from US231 North 

to US231 South in Dothan, AL ................................... $3,000,000 

1334 MD Construct interchange at MD Route 355 at Montrose 

and Randolph Roads in Montgomery County ............. $2,000,000 

1335 CA Construct new interchange and related road improvements on US101 near Airport Blvd, Salinas .............. $3,670,000 

1336 PA Construct the French Creek Parkway in Phoenixville, PA $5,000,000 

1337 MN Capacity and safety improvements to TH 8, west of 

306th St. to eastern city limits, Lindstrom ................ $7,200,000 

1338 VA Eastern Seaboard Intermodal Transportation Applications Center (ESITAC) in Hampton Roads .................. $1,500,000 

1339 IL Construct underpass at intersection of Damen/Fullerton/Elston Avenues, Chicago .................................. $5,500,000 

1340 AR Highway 165: Railroad Overpass .................................... $2,000,000 

1341 FL Implement Snake Road (BIA Route 1281) Widening and 

Improvements .............................................................. $1,000,000 

1342 CA Construction of freeway between I-15 and US-395 ....... $5,000,000 

1343 OH Lake Township, Ohio. Market Avenue-Lake Center intersections improvement ................................................. $2,200,000 

1344 CT Construct Quinnipiac Linear Trail, Wallingford ............... $1,000,000 

1345 MI Construction of a hike and bike path from Riverbends 

Park, 22 Mile Road, to Stony Creek Park, 25 Mile 

Road in Shelby Township ............................................ $500,000 

129 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1346 IN Reconstruct Boston Street, from State Road 2 to Bach 

St., Larson-Whirlpool St. in LaPorte, Indiana ............. $500,000 

1347 OR Improvements to Bandon-Charleston State Scenic Tour 

on Randolph Road and North Bank Lane .................. $4,200,000 

1348 VA Conduct study of Route 460 Corridor, Virginia .............. $2,000,000 

1349 NJ Construct Sparta Stanhope Road Bridge (AKA Bridge K07) ............................................................................... $1,000,000 

1350 KY Reconstruct Turkeyfoot Road, Kenton County, Kentucky $3,000,000 

1351 OH Construct additional lane to alleviate traffic congestion 

on US 40 in and adjacent to St. Clairsville .............. $800,000 

1352 CO 56th Avenue & Quebec Street Improvements Phase I, 

Denver ......................................................................... $6,500,000 

1353 OH Construct Truck Bypass—Orville, Ohio .......................... $6,004,400 

1354 PA Conversion of Penn and Park Bridges located over 

Spring Run in Altoona, Pa into pedestrian bridges ... $50,000 

1355 CA Coyote Creek Trail Project—Story Road to Montague 

Expressway .................................................................. $2,500,000 

1356 PA Construct Cameron Street Bridge Northumberland 

County, Pennsylvania .................................................. $1,000,000 

1357 OH Construct upgrade of SR 16 to 4 lanes from SR 60 to 

SR 16 in Coschocton County ...................................... $3,000,000 

1358 OH Medina, Ohio. Guilford Avenue urban road collector 

pavement reconstruction ............................................ $1,960,000 

1359 TN Improvements to I-40 interchange at I-240 East of 

Memphis (Phase II) ..................................................... $3,000,000 

1360 WY Casper Bypass: Reconstruct Old Yellowstone Hwy and 

2nd St ......................................................................... $5,000,000 

1361 NY Construct sidewalks and roadway improvements on 

Oscawana Lake Road in the Town of Putnam Valley $600,000 

1362 LA Engineering and right of way acquisition for I-49 Corridor ............................................................................. $10,000,000 

1363 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Edwardsville Borough, Luzerne County ....................... $200,000 

1364 IL Foster Avenue at Kedzie Avenue Streetscape ................. $2,000,000 

1365 WV Construct I-73/74 High Priority Corridor, Mercer Co ...... $11,200,000 

1366 NY Improve Long and Short Beach Road, Southampton ...... $2,100,000 

1367 CA Modify I-880 & Stevens Creek Boulevard Interchange to 

ease traffic congestion in San Jose ........................... $12,000,000 

1368 NY Improve road and streetscape along Prospect Avenue 

in North Hempstead .................................................... $1,000,000 

130 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1369 CA Palm Drive & Interstate 10 interchange project ............ $2,750,000 

1370 MN Reconstruct TH 36 from expressway to freeway in North 

St. Paul ....................................................................... $6,000,000 

1371 CA Construct I-580 Interchange Improvements in Castro 

Valley ........................................................................... $1,200,000 

1372 AL Expand US331 from Luverne, AL to Montgomery, AL ..... $3,000,000 

1373 TX Construction of highway medians, pedestrian walkways 

for City of South Padre Island .................................... $500,000 

1374 NY Construct Rt. 12 intersection between Pamela DriveRiver Road—Located in the Town of Chenango ........ $2,400,000 

1375 IL Construct Streetscape Project, Village of Robbins ......... $800,000 

1376 GA Effingham Parkway to Connect SR119 to SR30 ............. $3,000,000 

1377 MD Construct Phase 2 of the Jones Falls Trail from Baltimore Penn Station to the Maryland Science Center 

on the Inner Harbor .................................................... $4,000,000 

1378 IL For Will County for engineering and right-of-way acquisition to extend 95th Street from PlainfieldNaperville Road east to Boughton Road .................... $500,000 

1379 PA Construct Valley Business Park Access Road C, Bradford County .................................................................. $2,700,000 

1380 LA Improve by widening, realigning, & resurfacing 3.2 

miles of LA Hwy 820 btwn LA Hwy 145 & LA Hwy 

821 .............................................................................. $2,000,000 

1381 IN 45th Street Improvements, Munster ............................... $500,000 

1382 NY Install Improvements for Pedestrian Safety in the vicinity of PS 124 ............................................................... $250,000 

1383 VT Construction and engineering for the Vermont Smugglers Notch Scenic Highway Corridor Southern Gateway and Notch Proper Facilities ................................. $1,085,514 

1384 OH Planning and construction of a network of recreational 

trails in Perry Township .............................................. $950,000 

1385 GA Construction of the Truman Linear Park Trail—Phase II $1,260,000 

1386 NJ Pedestrian and bicycle facilities, and street lighting in 

Haddon Heights/Barrington ......................................... $750,000 

1387 CA Reconstruct interchange at I-10 and Riverside Avenue 

to improve traffic in Rialto ......................................... $2,000,000 

1388 CA Reconstruct Bloomfield Av. with medians from Carson 

St. to north city limits in Hawaiian Gardens ............. $400,000 

1389 SC Extension of Wells Highway, Oconee County, South 

Carolina ....................................................................... $2,000,000 

131 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1390 CA Reconstruct Paramount Bl. with medians and improve 

drainage from Artesia Bl. to Candlewood St. in Long 

Beach .......................................................................... $600,000 

1391 IL Reconstruction of 5th Street Road (FAS 569) in Logan 

County, IL .................................................................... $952,570 

1392 WA Reconstruction of SR99 (Aurora Ave N) between N 

145th St and N 205th St ........................................... $2,000,000 

1393 NY Page Green—Phase III—Reconstruction of 2.6 miles. 

Town of Virgil, Cortland County .................................. $3,600,000 

1394 MI Gogebic County, Reconstruct Lake Road in Ironwood 

from Margaret Street to Airport Road ........................ $805,000 

1395 GU Piti, GU Construct Cabras Island Intermodal Facility .... $6,000,000 

1396 IN Redevelop and Complete the Cardinal Greenway and 

Starr-Gennett Area in the City of Richmond, Indiana $3,000,000 

1397 NY Rehabilitate and redesign Erie Canal Museum in Syracuse, NY through the Erie Canalway National Heritage Corridor Commission ........................................... $400,000 

1398 OH Construction of 6.25 mile bicycle project in Mahoning 

County ......................................................................... $500,000 

1399 NM I-40/Munoz Reconstruction in the City of Gallup ........... $1,500,000 

1400 TX Rehabilitate Yale Street between IH10 to IH610 ............ $1,000,000 

1401 CA Reconstruct Long Beach Bl. with medians and improve 

drainage from Palm Av. to Tweedy Bl. in Lynwood ... $3,000,000 

1402 CA Expand carsharing pilot program to serve low- and 

moderate-income neighborhoods in the City and 

County of San Francisco ............................................. $2,000,000 

1403 FL Implement Kennedy Boulevard corridor improvements to 

improve safety in Tampa ............................................ $2,500,000 

1404 MD Construct Broadneck Peninsula Trail, Anne Arundel 

County, Maryland ........................................................ $1,500,000 

1405 MO Relocation and reconstruction of Rt MM from Rt 21 to 

Rt 30 ........................................................................... $15,680,000 

1406 MN Replace three at-grade highway-railroad crossings with 

grade-separated crossings adjacent to Winona State 

University ..................................................................... $2,000,000 

1407 CA Construct Traffic flow improvements Vincent and Lakes 

Drive, West Covina ...................................................... $750,000 

1408 CA Construction of an interchange located at the intersection of future State Route 65 and Ferrari Ranch 

Road-Westwood in Placer County ............................... $3,000,000 

1409 KS Construct highway-rail grade separation from Douglas 

Avenue to 17th Street North in Wichita, KS ............... $14,000,000 

132 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1410 OH Conduct Phase II of U.S. Route 68 bypass project in 

Urbana ......................................................................... $2,300,000 

1411 GA Construct sidewalks and install landscaping, Vienna ... $500,000 

1412 TX Extension of FM 1427 in Penitas .................................... $700,000 

1413 MD MD 124, Woodfield Road, from Midcounty Highway to 

Warfield Road .............................................................. $2,000,000 

1414 CA Rio Vista Bridge Realignment Study & Street Sign 

Safety Program ............................................................ $700,000 

1415 CO SH 121—Bowles Ave Intersection and Roadway Improvements, Jefferson County, Colorado ..................... $2,000,000 

1416 NY Implement Improvements for Pedestrian Safety in 

Queens County ............................................................ $1,000,000 

1417 NY Repair and improve Jericho Turnpike (NYS HWY 25) 

and construct streetscapes along the Turnpike in 

New Hyde Park ............................................................ $2,000,000 

1418 GA SR 316/SR 20 interchange construction Gwinnett, 

County ......................................................................... $500,000 

1419 IL Construct Pedestrian walkways and streetscaping 

projects in the Village of Western Springs ................ $4,210,000 

1420 WA SR 518 corridor—Improvements to SR 518-509 interchange and addition of eastbound travel lane on a 

portion of the corridor ................................................. $1,000,000 

1421 CA Development and construction of improvements to 

State Route 79 in the San Jacinto Valley .................. $3,000,000 

1422 MN Construct roadway improvements on the Great River 

Road on CSAH 10 and CSAH 21, Aitkin County ......... $6,960,000 

1423 WA Conduct preliminary engineering and EIS for Columbia 

River Crossing in WA and OR ..................................... $10,000,000 

1424 NC Greensboro Signal System Replacement ITS Enhancement Project ................................................................ $12,500,000 

1425 MN Reconstruction of 1 mile of CR 107 from CSAH 2 to 

Highway 11 and 71, Koochiching County ................... $500,000 

1426 OH Plain Township, Ohio. Market Avenue widening ............. $5,000,000 

1427 LA Construct right of way improvements from Third St. at 

James St. to LA. Hwy. One at Broadway St. Acquire 

property at Third St. and Winn St .............................. $2,000,000 

1428 PA State Street Bridge Rehabilitation, Hamburg ................. $1,500,000 

1429 OH Construct Flats East Bulkhead and Riverwalk: construct bulkhead and riverwalk connecting Front and 

Maine Ave .................................................................... $4,150,000 

1430 NY Construct/reconstruct Lincoln Road: Commercial Street 

to Route 31F in the Town-Village of East Rochester $900,000 

133 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1431 OH Acquire land and construct Portage Bike and Hike 

Trail, Portage Co ......................................................... $1,000,000 

1432 NC Continued development of Cary, NC pedestrian bike 

paths ........................................................................... $1,500,000 

1433 TX Cottonflat Road overpass at Interstate 20 ..................... $1,500,000 

1434 NY Improve Rt. 17M access, safety and traffic management ............................................................................ $750,000 

1435 OH Safety improvements to Paris Avenue intersections and 

Meese Rd. and Easton St.—Nimishillen Township, 

Ohio ............................................................................. $1,500,000 

1436 CA Alameda Corridor-East Construction Authority, San Gabriel Valley .................................................................. $300,000 

1437 WA Construct a tunnel as part of the Bremerton Pedestrian-Bremerton Transportation Center Access Improvement project ....................................................... $21,000,000 

1438 NC Expand Derita Road ......................................................... $2,000,000 

1439 NJ Hoboken Observer Highway Operational and Safety Improvements .................................................................. $2,500,000 

1440 CA Reconfigure San Fernando Road from Fletcher Drive to 

I-5 Fwy, Los Angeles ................................................... $7,000,000 

1441 NY Construction of an access road, drainage improvements, and aesthetic enhancements adjacent to 

Ocean Parkway in the Town of Babylon, NY .............. $2,430,000 

1442 TX Construct highway improvements on E. Tidwell, Ley Rd, 

and E. Little York Rd .................................................. $2,800,000 

1443 AZ Construct pedestrian and bicycle overpass at McDowell 

Road & 35th Avenue in Phoenix ................................. $3,000,000 

1444 TX Reconstruct I-30 Trinity River Bridge, Dallas ................. $20,000,000 

1445 PA Armstrong and Indiana County, Pennsylvania, U.S. 422 

Improvements .............................................................. $2,000,000 

1446 TX Bicycle and Pedestrian Trail Network in East Austin ..... $9,600,000 

1447 NV Construct I-15 Cactus Avenue ........................................ $10,000,000 

1448 AL I-65 Widening from U.S. 31 in Alabaster (Exit 238) to 

AL 25 in Calera (Exit 228) ......................................... $8,000,000 

1449 NY Improve Route 4 Streetscape and replace waterlines, 

Town and Village of Fort Edward, Washington County ................................................................................. $4,350,000 

1450 OH Planning and construction on bike paths and trails as 

part of Phases III-VI in Ashtabula Metroparks Western Reserve Greenway ................................................. $1,000,000 

1451 CO Construction of Powers Boulevard and Woodman Road 

interchange, Colorado Springs .................................... $8,000,000 

134 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1452 MN Environmental review for TH8 upgrade, Forest Lake to 

Chisago City ................................................................ $600,000 

1453 MD Construct Pedestrian Bridge and Garage at Coppin 

State University in Baltimore ...................................... $2,100,000 

1454 MD Historic Preservation and Traffic Improvements along 

Liberty Heights Ave. and in Druid Hill Park in Baltimore ............................................................................ $1,800,000 

1455 NC I-85 in Vance County ...................................................... $1,000,000 

1456 PA Design and construct interchange and related improvements at I 83 Exit 19 ................................................. $6,000,000 

1457 IL Preconstruction and Construction at IL 31 from Bull 

Valley Road to IL 176 ................................................. $2,420,000 

1458 MS Replace Popps Ferry Road Bridge, Biloxi ........................ $4,000,000 

1459 IL Reconstruct Lakeshore Drive Overpass over Wilson avenue, Chicago ............................................................... $1,500,000 

1460 AL Pedestrian Improvements for Moody, AL ......................... $100,000 

1461 MA Design and construct Canal and Union Street Corridor 

improvements, Lawrence ............................................ $800,000 

1462 OH Construct new two lane road to Sycamore Street in 

Gallia County ............................................................... $1,250,000 

1463 AL Construct interchange on Interstate 85 at Beehive 

Road in Auburn, AL ..................................................... $500,000 

1464 ME Improvements to the Interconnecting Trail System for 

bike/pedestrian trails near Baxter State Park ........... $500,000 

1465 TX ROW acquisition for 87 Relief Route .............................. $1,500,000 

1466 WA Restore and construct historic Naches Depot and Trail 

project ......................................................................... $500,000 

1467 GA S.R. 20 widening from I-575 to S.R. 369, Cherokee 

County ......................................................................... $1,000,000 

1468 IL Road Construction and reconstruction in the Village of 

Hampshire: Keyes Ave., Industrial Drive Overlay, and 

Mill Avenue .................................................................. $2,300,000 

1469 IL Conduct study and design of Chicago North lakefront 

path expansion project ............................................... $1,000,000 

1470 MS I-59 interchange at US 84 and SR 15, Laurel ............... $2,000,000 

1471 TX Improvements to IH-35E from US 77 North of 

Waxahachie to US 77 South of Waxahachie .............. $3,000,000 

1472 MO Scudder Road and I-170 Interchange Improvements, St. 

Louis County ................................................................ $2,000,000 

1473 GA Construct and Improve Cobb County Trails .................... $1,500,000 

1474 MS Extend SR 590 from US 11 to SR 29 near Ellisville ...... $3,500,000 

135 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1475 IN Improve Intersection at Jackson Street and Morrison 

Road in the City of Muncie, Delaware County, Indiana .............................................................................. $560,000 

1476 CO Construction of McCaslin Boulevard US 36 Interchange 

in Superior ................................................................... $1,000,000 

1477 MA Route 128 Improvements—Route 114 in Peabody to 

Route 62 in Danvers ................................................... $2,000,000 

1478 TX Lubbock, Texas Construction for Marsha Sharp Freeway 

main lanes between Chicago and Salem Avenues .... $5,600,000 

1479 NH South Road Mitigation in Londonderry ............................ $1,000,000 

1480 NY Paul Road—Fisher Road Improvements, Town of Chili, 

Monroe County ............................................................. $4,000,000 

1481 CA Construct truck lane on Keystone Road from State 

Route 111 to Austin Road, Imperial County .............. $2,500,000 

1482 MS Construct East Metropolitan Corridor linking I-20 at 

Brandon to Hwy 25 at Flowood .................................. $5,000,000 

1483 LA Leeville Bridge, Port Fourchon to Golden Meadow ......... $5,000,000 

1484 GA National Infantry Museum Transporation Network ......... $3,000,000 

1485 AL Interchange at I-65 and Limestone County Road 24 

Constuction ................................................................. $1,000,000 

1486 PA Project to realign intersection of King of Prussia Road 

and Upper Gulph Road to provide turning lanes and 

signalization ................................................................ $1,649,000 

1487 MO Construct diamond interchange at US 71 and Business 

71 in Maryville ............................................................ $2,000,000 

1488 SD Construction of four-lane highway on US 79 between 

Maverick Junction, and the Nebraska border ............. $7,500,000 

1489 IL 130th and Torrance Avenue Intersection Improvement, 

Chicago ....................................................................... $9,000,000 

1490 OK Improvements to Hereford Lane and US 69 Interchange, 

McAlester ..................................................................... $1,000,000 

1491 GA Athens-Clarke County Bike Trail Project ......................... $1,400,000 

1492 CT Construct UCONN Storrs Campus-Hillside Road ............ $5,000,000 

1493 NM I-25, Tramway North to Bernalillo, Reconstruction ........ $2,000,000 

1494 NJ Planning for Liberty Corridor ........................................... $500,000 

1495 OR Sellwood Bridge Replacement—Multnomah County ...... $2,000,000 

1496 NM Statewide ITS Deployment ............................................... $200,000 

1497 FL Acquire Land and Construct the Englewood Interstate 

Connector in Sarasota County, Florida ....................... $3,000,000 

1498 NY Elevate and construct drainage improvements to Beach 

Road, Canal Road, and Sea Breeze Road in 

Massapequa, New York ............................................... $3,000,000 

136 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1499 TX Design and construction streetscape improvements in 

Midtown, enhance pedestrian access ........................ $1,000,000 

1500 NY Replace sidewalk along Route 9A in Hamlet of 

Montrose, Town of Cortlandt ....................................... $330,000 

1501 MN Construction and widening of TH241 in the city of St. 

Michael, MN ................................................................ $2,000,000 

1502 GA I-75 lanes from Aviation Boulevard to SR 54, Clayton 

County ......................................................................... $1,500,000 

1503 VT Construction and rehabilitation of the Cross Vermont 

Trail for the Cross Vermont Trail Association ............ $1,386,000 

1504 NY Construction of a new ramp from 9A Southbound to 

Taconic State Parkway Southbound, Westchester 

County ......................................................................... $1,775,000 

1505 NY Restore vehicular traffic to Main Street in Downtown 

Buffalo ......................................................................... $5,000,000 

1506 MI Construction of 5 lane concrete pavement with curb, 

gutter and sewer on Romeo Plank Road from M-59 

to 23 Mile Road in Macomb Township ....................... $8,000,000 

1507 NY Enhance road and transportation facilities in the vicinity of the Brooklyn Children’s Museum ...................... $50,000 

1508 IL Construct and expand Northwest Illinois US Rte 20 

from Freeport to Galena, IL ........................................ $3,000,000 

1509 CA Construction of new roadway lighting on major transportation corridors in the Southwest San Fernando 

Valley ........................................................................... $1,000,000 

1510 MO Construct Interstate flyover at Hughes Road and Liberty Drive to 76th Street. Part of Liberty Parkway 

Project ......................................................................... $18,000,000 

1511 CA Freeway 180 Improvements Fresno ................................. $9,500,000 

1512 NY Construct sidewalks and curbs on Valley Road in Town 

of Bedford ................................................................... $450,000 

1513 OK Construction of rail crossing in Claremore at Blue Star 

Drive and SH66 ........................................................... $2,000,000 

1514 IL Improve U.S. Route 34 from Kewanee to Kentville Road $500,000 

1515 IL For Naperville Township to fund improvements to North 

Aurora Road ................................................................ $200,000 

1516 WA Kent—Construct a single point urban interchange 

(SPUI) under I-5 at South 272nd St .......................... $1,000,000 

1517 TN Construct Interpretive Visitor Center for the Cherokee 

Removal Memorial Park Trail of Tears site in Meigs 

County, TN ................................................................... $1,000,000 

137 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1518 GA Create a greenway trail along the Oconee River connecting parks, preserving historic sites, and promoting economic development ................................... $2,000,000 

1519 PA Design, engineering, ROW acquisition, & construction 

of streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Dunmore Borough, Lackawanna County ..................... $400,000 

1520 PA Add turn lane, modify signals and install pavement 

markings at intersection of PA422 and PA662 in 

Amity Township ........................................................... $2,430,000 

1521 WI Construct bicycle/pedestrian path and facilities in the 

Central park area of Madison .................................... $3,500,000 

1522 VA Expand Route 15 29 in Culpeper, Virginia ..................... $2,000,000 

1523 WV Fairmont Gateway Connector System to provide an improved highway link between downtown Fairmont 

and I-79 in the vicinity of Fairmont .......................... $22,000,000 

1524 OR Construct Barber Street extension, Wilsonville ............... $3,000,000 

1525 FL Four-laning SR 281 (Avalon Boulevard) in Santa Rosa 

County from Interstate 10 to north of CSX RR Bridge $12,500,000 

1526 OR Interstate 5 Interchange at City of Coburg .................... $9,000,000 

1527 IL Construction of a bridge at Stearns Road in Kane 

County, Illinois ............................................................ $2,000,000 

1528 TX East 7th Street Improvements in Austin ........................ $525,000 

1529 GA Rebuild SR-10 Memorial Drive for bicycle and pedestrian safety, from Mountain Drive to Goldsmith 

Road, Dekalb County ................................................... $2,000,000 

1530 NJ Provide an alternative route for traffic passing though 

congested SR 31 corridor in Flemington NJ ............... $2,000,000 

1531 CA Construction of a smart crosswalk system at the intersection of Arminta St. and Mason Ave ...................... $50,000 

1532 WI Reconstruct U.S. Highway 41 north of Lake Butte des 

Morts Bridge, Wisconsin ............................................. $15,400,000 

1533 PA Improvements to 8th and 9th Street bridges between 

Pleasant Valley Blvd. and Valley View Blvd, Altoona, 

PA ................................................................................ $490,000 

1534 LA Construction of a direct intermodal truck access road 

from Interstate 210 to the City Docks of the Port of 

Lake Charles ............................................................... $13,000,000 

1535 TX Construct Links Hike & Bike Trail Project. 2.2 mile trail 

project connecting Gaylord Texan to Grapevine Mills 

Mall, Grapevine, TX ..................................................... $500,000 

138

HIGH PRIORITY PROJECTS—Continued

No. State Project Description Amount 

1536 GA Construct sidewalks between Marion Middle School, 

City Park, and Community Center, Buena Vista ........ $300,000

1537 IL Construct a four lane connection between Rt. 13 and 

Rt. 45 .......................................................................... $1,000,000

1538 MI Plymouth, Haggerty Road from Plymouth Rd. to 

Schoolcraft Rd ............................................................. $500,000

1539 TN Provide streetscape improvements and pavement repair, Greenback, Tennessee ........................................ $250,000

1540 IA Reconstruction of NE 56th St, eastern Polk Co .............. $1,000,000

1541 IL Relocate Pocket Road for Access to Racehorse Business Park, Alorton ....................................................... $500,000

1542 CT Construct roadway on East Commerce Drive, Oxford, CT $500,000

1543 TN Niota, TN Improve vehicle efficiencies at highway AtGrade Railroad Crossing ............................................. $57,000

1544 FL Plan and Construct 17th Street connector in the City of 

Sarasota, FL ................................................................ $2,000,000

1545 VT Reconstruction and widening of U.S. Route 5 for the 

Town of Hartford ......................................................... $1,500,000

1546 MO Relocate the entrance to the Shaw Nature Reserve that 

is being altered due to a redesign of the Gray Summit I-44 interchange project ...................................... $500,000

1547 DC Replace and reconstruct South Capitol Street/Frederick 

Douglass Memorial Bridge .......................................... $30,000,000

1548 MI Complete 13.8 miles of nonmotorized pedestian Fred 

Meijer Heartland Trail of 30.1 miles .......................... $2,000,000

1549 MO Roadway improvements on U.S. 60 from Willow Springs 

to the Van Buren Area ................................................ $10,000,000

1550 UT Construct Parley’s Creek Trail ......................................... $5,000,000

1551 ME Construction of Calais/St. Stephen Border Crossing 

Project ......................................................................... $5,000,000

1552 FL Alleviate congestion at Atlantic Corridor Greenway Network, City of Miami Beach, FL ................................... $2,000,000

1553 MD Construction of MD 331 Dover Bridge ............................ $4,318,000

1554 NY Improve Traffic Flow on Noel Road between Church and 

Crossbay Boulevard Including Work Necessary to Demolish and Reconstruct the Firehouse Facility .......... $1,000,000

1555 PA Construct 9th and 10th Street bridges over Norfolk 

Southern Tracks, Lebanon ........................................... $7,000,000

1556 AS Drainage mitigation in Malaeloa-Leone village roads .... $1,400,000

1557 CA Improve I-8 off ramp at Ocotillo to the Imperial Valley 

College Desert Museum/Regional Traveler Visitor 

Center, Imperial County .............................................. $1,000,000

139 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1558 CA Install new grade separation at Ranchero Road in 

Hesperia ...................................................................... $5,000,000 

1559 NY Bartow Ave Ramp and Reconstruction at the Hutchinson Parkway ............................................................. $1,600,000 

1560 FL Airport Access Rd., Gainesville ....................................... $1,000,000 

1561 WA Intersection project at South Access-522 beginning and 

ending at the UWB-CCC campus to improve access 

and alleviate congestion ............................................. $3,000,000 

1562 NJ Reconstruction of CR 530 from RT 206 to CR 644. 

Construct shoulders, travel lanes, center turn lane, 

drainage improvements & traffic signal .................... $10,000,000 

1563 NY Improve SCCC roads, Fallsburg ...................................... $1,500,000 

1564 CA Add turn lane and adaptive traffic control system at 

intersection of San Tomas Expressway and Hamilton 

Avenue in Campbell .................................................... $1,600,000 

1565 CA Interchange improvements at Rice Avenue and U.S. 

Highway 101 in the City of Oxnard ............................ $3,300,000 

1566 GA Northside Drive Multi Modal Corridor .............................. $2,000,000 

1567 GA Replace sidewalks, meet ADA guidelines, and install a 

crosswalk, McRae ........................................................ $400,000 

1568 TX Ritchie Road from FM 1695 to US 84, Waco ................. $3,000,000 

1569 AR Maumelle Interchange—for third entrance into 

Maumelle ..................................................................... $500,000 

1570 CT Construct bike/pedestrian path, Shelton ........................ $1,000,000 

1571 MD Rehabilitate Roadways Around East Baltimore Life 

Science Park in Baltimore .......................................... $5,500,000 

1572 AL City of Vestavia Hills Pedestrian Walkway to Cross U.S. 

31 ................................................................................ $1,000,000 

1573 IN Replace Samuelson Road Underpass, Portage ............... $3,162,890 

1574 IL Construct Commuter Parking Structure in the Central 

Business District in the vicinity of La Grange Road $3,700,000 

1575 PA Design and construct inner loop roadway around 

Shippensburg Boro ...................................................... $500,000 

1576 WV Construct I-73/74 High Priority Corridor, Mingo Co ....... $12,000,000 

1577 NY Roadway improvements to Jackson Avenue between 

Jericho Turnpike and Teibrook Avenue ........................ $2,250,000 

1578 OR Rogue River Bikeway/Pedestrian Path, Curry County ..... $600,000 

1579 CA San Gabriel Blvd Intersection Improvements at Broadway and at Las Tunas, San Gabriel ........................... $200,000 

1580 NY Improvements to Erie Station Road, Town of Henrietta, 

Monroe County ............................................................. $1,000,000 

1581 IA Sioux City, Iowa Hoeven Corridor—Outer Drive Project $1,500,000 

140 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1582 KY Study & rehabilitate the I-471 corridor, Campbell 

County, Kentucky ......................................................... $2,000,000 

1583 WA Construct railroad overpass spanning three mile section of SR501 from MP 0 and MP 3 .......................... $1,000,000 

1584 NY Construction and rehabilitation of North and South 

Delaware Avenues in the Village of Lindenhurst, NY $780,000 

1585 NY Study on extending Rt. 5 to Auburn ............................... $150,000 

1586 AL Expand US-84 from Andalusia, AL to Enterprise, AL ..... $3,000,000 

1587 NJ Susse County, NJ Safety and Operational Improvements 

on Route 23 in Hardyston Township and Franklin 

Borough ....................................................................... $3,800,000 

1588 PA State Street and Mulberry Street Bridge Lighting 

project, Harrisburg ...................................................... $4,000,000 

1589 AS To upgrade, repair and continue construction of Ta’u 

harbor/ferry terminal facility on Manu’a island ......... $1,600,000 

1590 CA Interstate 15 and State Route 79 South Freeway Interchange and Ramp Improvement Project .................... $2,000,000 

1591 OH Road Improvements, streetscapes, and pedestrian 

safety additions in Ashtabula Harbor ........................ $1,000,000 

1592 NY Town of East Fishkill improvements to Robinson La & 

Lake Walton Road at NYS Route 376 ......................... $500,000 

1593 WI Construct a bicycle/pedestrian path, Wisconsin Dells ... $2,000,000 

1594 NY Construct improvements in Sight Distance at Road 

Grade and Trail Corssings in Oneida and Herkimer 

Counties ...................................................................... $200,000 

1595 NY Repair Silver Mine Bridge in the Town of Lewisboro ..... $150,000 

1596 IL River walk Reconstruction, City of Chicago ................... $600,000 

1597 AR Rogers, Arkansas—Construct new interchange on I540 near the existing Perry Road overpass ............... $4,400,000 

1598 IN Design and construct Indiana Ohio River Bridges 

Project on I-65 and 265 ............................................. $20,000,000 

1599 RI Transportation Enhancements at Blackstone Valley Heritage Corridor .............................................................. $500,000 

1600 TX Reconstruction of US 79 from FM 1460 to Williamson 

County Road 195 ........................................................ $2,000,000 

1601 CA Transportation enhancements to Children’s Museum of 

Los Angeles ................................................................. $1,200,000 

1602 IN Construct Shelby County Indiana Shelbyville Parkway ... $500,000 

1603 NY Reconstruct the Niagara Street culvert/bridge which 

crosses over Two Mile Creek, City of Tonawanda ...... $400,000 

1604 MA Reconstruction of Main Street and Lebanon Street in 

Melrose ........................................................................ $700,000 

141 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1605 OH Construct the existing IR 70 interchange at US 40, SR 

331 west of St. Clairsville .......................................... $11,550,000 

1606 GA Install traffic lights and pedestrian walkways on Highway 441 at MLK, Jr. Boulevard, Dublin ...................... $500,000 

1607 OH Pike County, OH Fog Road Upgrade ................................ $1,000,000 

1608 CA Project design, environmental assessment, and roadway construction of Lonestar Road from Alta Road 

to Enrico Fermi Drive San Diego County .................... $500,000 

1609 CA Project Study Reports for I-105 and I-405 Interchanges 

at Los Angeles International Airport ........................... $400,000 

1610 CA Reconstruct Whittier Blvd. and improve parkway drainage from Philadelphia Av. to Five Points in Whittier $1,700,000 

1611 NY Rockland County Railroad Grade Crossings Safety 

Study ........................................................................... $1,400,000 

1612 TX San Angelo Ports-to-Plains Route Loop 306 at F.M. 388 $1,500,000 

1613 MN City of Hutchinson School Road Underpass of TH7 and 

TH22 Improvements .................................................... $1,000,000 

1614 TN Construct and widen SR-33 in Monroe County, TN ........ $5,000,000 

1615 PA Construct the realignment of Cool Creek Road in York 

County, PA ................................................................... $1,000,000 

1616 NJ Construct Waterfront Walkway from North Sinatra Drive 

and 12th St. south to Sinatra Drive in Hoboken ....... $2,000,000 

1617 TX Add shoulders to FM 156 from Ponder, Texas to Krum, 

Texas ........................................................................... $1,000,000 

1618 NJ Bridge replacement on Section 6V of Route 1 from 

Ryders Lane to Milltown Road, North Brunswick ....... $2,000,000 

1619 MN Construct Two Harbors High School Trail connecting 

Two Harbors High School to Two Harbors City ........... $891,600 

1620 SC Construct I-85 Brockman-McClimon Interchange between Greenville Spartanburg Airport and SC Highway 101 interchanges ................................................. $1,000,000 

1621 IA Fort Madison, IA Construction of US 61 bypass around 

Fort Madison to create a safer and faster route ....... $2,500,000 

1622 PA Germantown Avenue Revitalization with Mt. Airy USA 

for landscaping, scenic enhancements and pedestrian safety improvements along the heavily traveled 

thoroughfare ................................................................ $2,320,000 

1623 NM I-10 Reconstruction , Las Cruces to Texas State Line ... $3,000,000 

1624 TX IH 820 Widening Project .................................................. $2,000,000 

1625 IL For Naperville Township to fund improvements to Diehl 

Road between Eola Road and Route 59 .................... $600,000 

142 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1626 KS Remove and Replace Topeka Blvd. Bridge over the 

Kansas River ............................................................... $6,000,000 

1627 VA Clifton, VA Main Street parking and sidewalk improvements .......................................................................... $250,000 

1628 SC Replace Milford Road Bridge, Anderson, SC ................... $500,000 

1629 LA Improvements to Essen Lane at I-12; and to Perkins 

Rd.; and to Central Thruway; and to O’Neal Lane; an 

to Burbank Dr.; and to Essen Park Extension; and 

for LA408 study ........................................................... $30,000,000 

1630 GA Streetscape project for lighting and landscaping on 

Main Street along Georgia Highway 231, Davisboro .. $300,000 

1631 IA City of Council Bluffs and Pottawattamie county East 

Beltway Roadway and Connectors Project ................. $1,000,000 

1632 OR U.S. 199/Laurel Road Intersection .................................. $2,000,000 

1633 CA Conduct project report study on Old River School Rd— 

Firestone Blvd intersection reconfiguration ................ $500,000 

1634 FL Conduct study for Port of Miami Tunnel, Miami, FL ...... $2,000,000 

1635 NY Ithaca, Design and construct pedestrian and bicycle 

path (Cayuga Waterfront Trail) ................................... $1,200,000 

1636 NC Rails to Trails Project, Elizabeth City ............................. $640,000 

1637 IL Reconstruct Lakeshore Drive overpass over Lawrence 

Avenue ......................................................................... $1,500,000 

1638 SC Replace Murphy Road West Bridge, Anderson, SC ......... $235,000 

1639 CA Resurface and construct truck lane at CA Hwy 94 and 

Interstate 8 interchange, Boulevard ........................... $3,000,000 

1640 CT Undertake road improvements associated with 

Coltsville Area Redevelopment, Hartford .................... $2,000,000 

1641 AZ Upgrade and Re-opening of Main Street in Yuma ......... $1,200,000 

1642 NJ Pedestrian facilities, street lighting and streetscaping 

improvements in downtown Laurel Springs ............... $596,324 

1643 MS Upgrade Blue Cane Road in Tallahatchie County, and 

roads in Webb and Tutwiler ....................................... $750,000 

1644 OH Upgrade circuitry on vehicle protection device at Sheldon Road rail crossing in Berea ................................ $140,000 

1645 NY Design and construct Upper Delaware Scenic Byway 

Visitor Center, Cochecton ............................................ $500,000 

1646 NY Construct sidewalks and curbing on Westchester Avenue in Village of Buchanan ........................................ $275,000 

1647 NC Downtown Redevelopment Project, City of Rocky Mount $6,336,000 

1648 TX Construction of divided four lane concrete arterial with 

drainage improvements—Sandy Lake Road: Denton 

Tap Rd to North Coppell Road ................................... $1,000,000 

143 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1649 IL Preconstruction and Construction at IL 120 at Bacon 

Road and Cedar Lake Road ........................................ $1,365,000 

1650 GA Revitalization project will extend and resurface the Roberta Walking Trail, Roberta ....................................... $500,000 

1651 KY Construct Westbound Access to Mountain Parkway from 

Exit 18 (KY 1057), Powell County ............................... $2,900,000 

1652 NC Development of 2 miles of road parallel to I-95 located 

approximately between the I-95/NC-125 interchange 

and I-95/US-158 interchange ..................................... $1,500,000 

1653 CA Engineering, right of way and construction of HOV 

lanes on I-580 in the Livermore Valley, California .... $5,000,000 

1654 IL Construct Streetscape Project, City of Markham ............ $500,000 

1655 CA Landscape south side of the 91 fwy at Bellflower Blvd 

in Bellflower ................................................................ $250,000 

1656 MA Southwick and Westfield Rail Trail, Design & Construction .............................................................................. $5,000,000 

1657 VA Upgrade DOT crossing #467665M to constant warning 

time devices ................................................................ $194,600 

1658 TX Reconstruct and add two lanes to US 287 from the 

Oklahoma State line to US 54 in Stratford ................ $3,000,000 

1659 WY Casper West Belt Loop .................................................... $2,000,000 

1660 MN Munger Trail extension, City of Duluth ........................... $3,200,000 

1661 AK Bogard/Sheldon Extension in Matanuska-Susitna Borough ............................................................................ $4,000,000 

1662 CA City of Redondo Beach Esplanade Improvement Project $1,000,000 

1663 MN Kandiyohi and Meeker Counties Hwy 7 between TH 71 

and TH 22 ................................................................... $2,000,000 

1664 NJ Construction of Rowan Boulevard from US Route 322 

to Main Street, Glassboro ........................................... $600,000 

1665 CA Conduct Study of SR 130 Realignment Project, San 

Joaquin County & Santa Clara County, CA ................ $2,000,000 

1666 CA Passons Grade Separation in the City of Pico Rivera .... $3,700,000 

1667 MD Construct South Shore Trail, Anne Arundel County, MD $1,000,000 

1668 NJ Realignment of the Routes 35/36 intersection in 

Eatontown .................................................................... $2,000,000 

1669 IN Construct Hoosier Heartland Highway in Cass and Carroll County, Indiana .................................................... $2,000,000 

1670 MI Oscoda County, Reconstruction and surfacing of Valley 

Road from M-33 west to Mapes Road ....................... $960,000 

1671 TX Reconstruct Precinct Line Road 2-lane bridge as 4- 

lane bridge and widen Precinct Line Road to 4-lane 

roadway from SH 10 to Trammel Davis Rd ............... $1,000,000 

144 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1672 CT Reconstruct Waterfront Street Corridor, New Haven ....... $1,500,000 

1673 TN Improving Vehicle Efficiencies at At-Grade highwayRailroad Crossing in Philadelphia, Tn ........................ $99,000 

1674 TX Mile 2 W from Mile 12 N to US83, Hidalgo County ....... $1,000,000 

1675 NY Reconstruction of West Neck Road from HuntingtonLloyd Harbor boundary to the end of the Villagemaintained road .......................................................... $3,000,000 

1676 GA Rehabilitate sidewalks and replace street lights, 

Swainsboro .................................................................. $500,000 

1677 SC Replace Murphy Road East Bridge, Anderson, SC .......... $265,000 

1678 MO Access improvements and safety and mobility upgrades along US 7 as part of the Highway 7 Corridor Development Plan in Blue Springs .................... $5,000,000 

1679 OH Construct Stearns Road Grade Separation, Olmsted 

Township ..................................................................... $3,750,000 

1680 CA Implement Grove Avenue Corridor Interstate 10 interchange improvements in Ontario ............................... $3,000,000 

1681 MA Construct & Replace West Corner Bridge & Culvert, Rte 

228, spanning Weir River Estuary & Straits Pond 

Inlet ............................................................................. $1,000,000 

1682 OK Complete Reconstruction of the I-35–SH 9 West Interchange ......................................................................... $4,000,000 

1683 NJ Construct Rte 50 Tuckahoe River Bridge Replacement, 

Cape May and Atlantic Counties ................................ $4,000,000 

1684 NY Rt. 12 reconstruction- Town and Village of Greene ....... $4,110,000 

1685 MN Becker County CR 143 and CR 124 Improvements ........ $960,000 

1686 NY Construct and extend existing pedestrian streetscape 

areas in Valley Stream ............................................... $1,350,000 

1687 MI Construct Interchange at I-675 and M-13 (Washington 

Avenue). Northbound Exit. Phase I of Construction. 

City of Saginaw ........................................................... $2,300,000 

1688 OH Construct Cleveland Towpath Trail. 6-mile extension towards downtown. Cleveland ....................................... $4,000,000 

1689 FL Construct widening of US 17 to 4 lanes from San 

Mateo to Volusia County line, Putnam County, Florida ............................................................................... $16,300,000 

1690 MD Construct Phase 1 of the South Shore Trail in Anne 

Arundel County from Maryland Route 3 at 

Millersville Road to I-97 at Waterbury Road .............. $1,000,000 

1691 MI Construction of 5 lane concrete pavement with curb, 

gutter and storm sewer on Van Dyke Ave. from 23 

Mile Road to 26 Mile Road, Macomb Co ................... $2,079,500 

145 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1692 FL Design and construct replacement for A. Max Brewer 

Bridge, Titusville ......................................................... $10,000,000 

1693 NY Implement ITS system and apparatus to enhance citywide truck route system on Victory Blvd Between 

Travis Ave and West Shore Expressway Travis Section of SI ..................................................................... $100,000 

1694 MI Purchase and implementation of various Intelligent 

Transportation System technologies in the Grand 

Rapids metro region ................................................... $12,430,000 

1695 WI Recondition USH 45 between New London and 

Clintonville, Wisconsin (Waupaca County, Wisconsin) $2,000,000 

1696 CA Reconstruction of The Strand in the City of Manhattan 

Beach to improve beach access and accommodate 

increased pedestrian traffic ....................................... $2,000,000 

1697 CA Construction of new roadway lighting on major transportation corridors in the Northeast San Fernando 

Valley ........................................................................... $500,000 

1698 MD Rehabilitate Hanover Street Bridge in Baltimore ........... $1,500,000 

1699 NY Rehabilitation of Hornbeck Road in the Town of Poughkeepsie ........................................................................ $426,000 

1700 CA Rehabilitation of Tulare County Farm to Market road 

system ......................................................................... $4,000,000 

1701 GA Riverside Drive Streetscape Project, Macon ................... $500,000 

1702 GA South Lumpkin Road Trail-Columbus ............................. $500,000 

1703 CA Implement Northeast San Fernando Valley Road and 

Safety Improvements .................................................. $200,000 

1704 NY Big Ridge Road: Spencerport Village Line to Gillet Road 

in the Town of Ogden ................................................. $2,500,000 

1705 TX Build south bound ramp from east bound I-20 to Clark 

Road at the southern terminus of Spur 408. 

Duncanville, TX ........................................................... $5,000,000 

1706 MS Plan and construct intermodal connector linking I-20 

to Hwy 49, Pearl-Richland .......................................... $1,000,000 

1707 TN Reconstruct US 64 from west of Bolivar to the Lawrence County Line in Hardemant, McNairy, Hardin, 

Wayne Counties ........................................................... $5,225,000 

1708 PA Improve safety of Route 145 in Whitehall Township ...... $2,225,000 

1709 GA Construct Stone Mountain-Lithonia road Bike Lane and 

Sidewalks, Dekalb County ........................................... $1,000,000 

1710 OK Texanna Road improvements around Lake Eufaula ....... $1,000,000 

1711 PR To build an extension of PR-53 between Yabucoa and 

Maunabo ...................................................................... $5,000,000 

146 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1712 IL To contruct a new intersection of a public road and US 

Route 50 and a new street ........................................ $550,000 

1713 NC To plan, design and construct the Northwest Corridor—Western Blvd. Project in Jacksonville, NC ...... $1,000,000 

1714 CT Upgrade Mark Twain Drive, Hartford .............................. $2,000,000 

1715 CO CO I-70 East Multimodal Corridor (Highway Expansion), 

Denver ......................................................................... $2,500,000 

1716 MS Upgrade roads in Indianola, Ruleville, Moorehead, 

Doddsville, Sunflower and Drew, Sunflower County ... $2,000,000 

1717 MS Upgrade roads in North Carrollton (U.S. Hwy 35 and 

82) McCain Street, South Street, Love Street, and 

Colver Street, Carroll County ...................................... $400,000 

1718 NJ Passaic-Bergen intermodal transportation deployment 

initiative ...................................................................... $10,000,000 

1719 IL Upgrade roads, The Village of Maywood ......................... $1,000,000 

1720 PA Upgrade Route 30 Corridor and Airport Access .............. $1,000,000 

1721 GA Upgrade sidewalks and lighting, Lyons .......................... $500,000 

1722 CA State Route 88—Pine Grove Corridor Improvement 

Project ......................................................................... $500,000 

1723 WA Tacoma—Lincoln Avenue Grade Separation .................. $1,000,000 

1724 NY Improve NY112 from Old Town Road to NY347 .............. $10,000,000 

1725 NJ Construct I-195 Noise Barrier, Hamilton Twp, Mercer 

County ......................................................................... $750,000 

1726 AR Highway 77 Rail Grade Separation ................................. $1,000,000 

1727 WA Kent, WA Willis Street BNSF Railroad Grade Separation 

Project ......................................................................... $500,000 

1728 MI Menominee, Ogden Street Bridge rehabilitation projectreplacement of deck, expansion joints, sidewalks, 

railing and all other joints ......................................... $200,000 

1729 VA Pochantas Trail—development and construction of trail 

from Bluestone Junction to Pochantas adjacent to 

abandoned rail line ..................................................... $500,000 

1730 NY Suffolk County ITS arterial monitoring and performance 

measures ..................................................................... $1,500,000 

1731 LA Conduct study for Highway 25 in Washington Parish .... $500,000 

1732 IL Construction of the 43rd Street Bicycle Pedestrian 

Bridge over Lake Shore Drive, City of Chicago .......... $600,000 

1733 NY To design and reconstruct Nassau Avenue, improve 

sidewalks and include pedestrian amenities in 

Greenpoint, Brooklyn ................................................... $2,400,000 

1734 OH Upgrade the I-480 and Tiedman Road interchange, 

Brooklyn ....................................................................... $500,000 

147 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1735 NJ Interchange improvements and bridge replacement, 

Route 46, Passaic County ........................................... $5,000,000 

1736 PR Construction of community bridge at Los Lo ́pez Sector, 

Quebrada Arenas Community ..................................... $500,000 

1737 IA Construction of a Four Lane U.S. Highway 20 between 

Moville in Woodbury County, through Ida County and 

Sac County to U.S. 71 at Early, IA ............................. $9,000,000 

1738 AZ Paving of Navajo Route 9010 -off of I-40 at Houck, AZ 

(Exit 348) to Pine Springs Day School ....................... $2,000,000 

1739 OH Red Bank Road Improvements from I-71 to Fair Lane 

in Eastern Hamilton County, Ohio .............................. $3,600,000 

1740 CA Construct earthen berm along Esperanza Road from 

Yorba Linda Blvd. to the west city limits to mitigate 

noise ............................................................................ $2,000,000 

1741 TX Construct 6 mainlines from east of Mercury to east of 

Wallisville .................................................................... $2,000,000 

1742 NY Town of Chester Trout Brook road improvements and 

reconstruction .............................................................. $70,000 

1743 OR Upgrade the I-5 Fern Valley Interchange (Exit 24) ........ $3,000,000 

1744 CA Construct I-80 Gilman Street interchange improvements in Berkeley ....................................................... $1,500,000 

1745 NJ Construct Vineland Boulevard and Sherman Avenue 

Intersection Improvements, Vineland, Cumberland 

County ......................................................................... $1,750,000 

1746 WA Terry’s Corner Park and Ride on Camano Island ........... $1,400,000 

1747 OR Upgrade U.S. 101 and Utility Relocation, Gold Beach ... $200,000 

1748 WI Upgrade USH 41 from DePere to Suamico, Wisconsin 

(Brown County, Wisconsin) ......................................... $2,500,000 

1749 IL Upgrade Veterans Drive in Pekin Illinois ........................ $1,000,000 

1750 NY Saugerties, Improve Tissle Road-Old Kings Highway 

intersection .................................................................. $500,000 

1751 TX Design and Construct the Cottonwood Trail pedestrianbicycle connection ....................................................... $1,000,000 

1752 NY Rehabilitation of the Ashford Ave. bridge over I-87 in 

the Villages of Dobbs Ferry and Ardsley .................... $2,600,000 

1753 OH Streetscape completion along US 40 in Bridgeport ....... $100,000 

1754 SD Design and construct new Meridian Bridge across the 

Missouri River at Yankton .......................................... $4,500,000 

1755 MD Upgrade MD 210 from MD 228 to I-495 ........................ $5,000,000 

1756 IL For DuPage County to construct certain segments of 

Southern DuPage County Regional Trail ..................... $100,000 

148 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1757 IA US 20 relocated, Webster, Sac and Calhoun Counties, 

Iowa ............................................................................. $3,000,000 

1758 NJ Construction of new access roads along Route 42/ 

Blackhorse Pike in Washington Township .................. $1,000,000 

1759 CA Highways 152–156 Intersection improvements, CA ....... $1,000,000 

1760 AK Coffman Cove IFA ferry terminal ..................................... $3,200,000 

1761 MA Acquisition, engineering design, and construction of 

the Assabet River Rail Trail, Acton, Hudson, Maynard, and Stow ........................................................... $2,000,000 

1762 MI Conduct Feasibility Study to Extend I-475 to US 23 in 

Genesee County ........................................................... $800,000 

1763 TX Construct a reliever route on US 287 South of Dumas 

to US 287 North of Dumas ......................................... $3,000,000 

1764 TN construct new exit on I-75 and connect US-11, US-411, 

and SR-30 ................................................................... $4,500,000 

1765 PA Design, engineering, ROW acquisition & construction of 

street improvements, parking, safety enhancements 

& roadway redesign in Pittston .................................. $1,750,000 

1766 TX Dowlen Road Improvements for Beaumont, Texas ......... $3,456,000 

1767 CA Construct Hwy 101 bicycle-pedestrian project in Marin 

and Sonoma Counties from north of Atherton Ave to 

south of Petaluma River bridge ................................. $500,000 

1768 TX Construct raised median from Loop 224 to Sradley St. 

in Nacogdoches, TX ..................................................... $3,220,000 

1769 OH Construction of bicycle trail extension in Geauga Park 

District in Chardon, OH .............................................. $500,000 

1770 CA Extension of a regional Class I bikeway from the West 

City limits to the East City limits along leased railroad right-of-away ...................................................... $400,000 

1771 AR For rail grade separations identified by the MPO for 

the Little Rock/North Little Rock metropolitan area, 

(which may include: Edison Ave.; Springer Blvd; Hwy 

89 Extension; McCain/Fairfax; Salem Road; ............... $10,000,000 

1772 NY Court Street & Smith Street Shopping District Enhancements .......................................................................... $800,000 

1773 MA Hampshire County Bike Paths, Design & Construction .. $5,500,000 

1774 NV Construct I-15 Starr Interchange .................................... $10,000,000 

1775 CA Construct full-access interchange at SR 120–McKinley 

Avenue, with the necessary SR120 auxiliary lanes, 

Manteca, CA ................................................................ $4,000,000 

149 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1776 CA Install emergency vehicle preemption equipment along 

major arterials in the I-880 corridor, Alameda County ................................................................................. $500,000 

1777 OH Construct a proposed relocation of US 22 and SR 93 

from the current IR 70, US 40 west of Zanesville .... $10,000,000 

1778 CA Conduct Study and Construct I 205 Chrisman Road 

Interchange Project, Tracy, CA .................................... $1,000,000 

1779 IL Construction of part of a 230 mile corridor extending 

from I-280at Rock Island to I-270 south of Alton ..... $1,700,000 

1780 CA Construction of Campus Parkway from State Route 99 

to Yosemite Ave., Merced County ............................... $500,000 

1781 MI Construction of Superior Road Roundabout, Superior 

Township ..................................................................... $750,000 

1782 OR Construction and preliminary engineering of a railroad 

crossing at the intersection of Havlik Road and Hwy 

30, Scappoose ............................................................. $200,000 

1783 FL Clark Road Clover Leaf at I95, Jacksonville ................... $5,500,000 

1784 PA Construct and widen PA 94 from the Adams and York 

County line north to Appler Road ............................... $1,500,000 

1785 IL For the reconstruction and realignment of 2 miles of 

Evergreen Ave. located west of the City of 

Effingham .................................................................... $2,000,000 

1786 IN Improve State Road 332 and Nebo Road Intersection in 

Delaware County, Indiana ........................................... $2,930,000 

1787 LA LA 18 Widening (Avondale to US 90), Jefferson Parish, 

Louisiana ..................................................................... $800,000 

1788 WI Construct Lake Butte des Morts Bridge, US Highway 

41, Winnebago County, Wisconsin .............................. $25,600,000 

1789 MA North Worcester County Bike Paths, Design & Construction .............................................................................. $5,000,000 

1790 TX Old Reliance Road Overpass at SH6 (Earl Rudder Freeway)—widening project in Brazos Co ........................ $2,500,000 

1791 IA Phase III of Main St project, Amana .............................. $1,000,000 

1792 MN Re-align Vadnais Boulevard at interchange of I-694/ 

Highway 49, Ramsey County ...................................... $1,000,000 

1793 CA Reconfigure intersection at Highways 152 and 156 in 

Santa Clara County ..................................................... $10,650,000 

1794 KY Construct Georgetown Northwest Bypass from US 460 

West to I-75 North, Scott County ............................... $3,000,000 

1795 AZ Grand Canyon Greenway Trails ....................................... $1,500,000 

1796 NY Remediate road runoff in vicinity of Peconic Estuary 

watershed .................................................................... $1,000,000 

150 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1797 MS Construct I-55 Interchange at Madison-Ridgeland, 

Madison County ........................................................... $5,000,000 

1798 OH Construction of road improvements from Richmond 

Road to new Cuyahoga Community College in 

Warrensville Heights, OH ............................................ $150,000 

1799 MI Construction of the I-696 and Northwestern Highway 

Interchange Freeway Ramps at Franklin Road in 

Southfield .................................................................... $2,000,000 

1800 OH Construct access improvements to I-680 and internal 

roadways for Corridor of Opportunity, Mahoning Co .. $2,000,000 

1801 NY Mount Vernon Railroad Cut ............................................. $2,250,000 

1802 TX Reconstruct and add two lanes to IH 27 from Western 

Street in Amarillo to Loop 335 ................................... $3,000,000 

1803 CO SH83-SH88 Interchange Reconstruction—Arapahoe 

County, CO .................................................................. $4,000,000 

1804 NY Town of Pawling Old Rt 55 ............................................. $500,000 

1805 IL Upgrade Curtis Road in conjunction with state plan for 

I-57 interchange; from Duncan Rd to 1st Street in 

Champaign .................................................................. $7,000,000 

1806 MO Upgrade Rt. 249 [Range Line] from Rt. 171 to I-44 ..... $10,000,000 

1807 VA Bland County Trails and Visitor Center—establishment 

of multi-use trail network, associated facilities and 

begin work on visitors center ..................................... $1,000,000 

1808 NH Upgrade Sewalls Falls Road bridge over Merrimack 

River in Concord ......................................................... $1,000,000 

1809 IL Perform Old Orchard Road Expansion and improvement 

project between harms road and US 41, Cook County ................................................................................. $1,000,000 

1810 MN Design engineering and ROW acquisition to reconstruct 

TH 95 bridge, North Branch ....................................... $1,000,000 

1811 NY Tappan Zee Bridge to I287 Transportation Corridor ....... $1,000,000 

1812 CA Upgrade and reconstruct the I-80/I-680/SR12 Interchange, Solano County ............................................... $21,000,000 

1813 MD US 219 Oakland Bypass .................................................. $1,000,000 

1814 NC US 221 widening from US 421 to Jefferson, NC ............ $2,000,000 

1815 IL Complete 80,000lb truck route between CH2 (Burma 

Rd) and IL Rte 130 in Cumberland County ............... $3,000,000 

1816 CA Improvement of intersection at Burbank Blvd. and 

Hayvenhurst Ave .......................................................... $400,000 

1817 OH Construct pedestrain bridge over I77; tunnel underneath railroad; bridge over Tuscarawas River along 

OH and Erie Canal in Tuscarawas County ................. $2,000,000 

151 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1818 MN Lake Street Access to I-35W, Minneapolis ...................... $6,000,000 

1819 WI Upgrade USH 2 in Ashland County ................................. $4,000,000 

1820 OR Construct an urban arterial street between NE Weidler 

and NE Washington on NE 102nd, Portland .............. $3,700,000 

1821 CA Construct an Interchange on Highway 70 at Georgia 

Pacific Road in Oroville .............................................. $2,000,000 

1822 AZ Construct or Modify Railroad Grade Separations on 6th 

St. and 22nd St. and Reconstruct Speedway Blvd. 

Underpass in Tucson .................................................. $13,300,000 

1823 FL Construct North Ormond Beach Business Park Interchange at I-95 between U.S. 1 and SR 40, Volusia 

County ......................................................................... $1,100,000 

1824 MN Environmental review for improvement along the entire 

US 10 corridor ............................................................. $1,300,000 

1825 NY Construct visitor center, access road, and parking at 

Sam’s Point Preserve, Ellenville ................................. $750,000 

1826 OH Installation of road improvements on Old State RoadSR 608 in Middlefield, OH .......................................... $100,000 

1827 WA To replace BNSF trestle, Sammamish River bridge and 

reconstruct SR202/127th Pl NE and SR202/180th 

Ave NE intersections ................................................... $2,000,000 

1828 PA Completion of beltway interchanges along Business 

Route 60 in Moon Township, Allegheny County ......... $1,000,000 

1829 TX US 290 Improvements in Austin, TX ............................... $3,000,000 

1830 CA City of Madera, CA Improve SR99-SR145 Interchange .. $2,000,000 

1831 AL Construct a new interchange on I-65 at Cullman, AL 

County Road 222 ........................................................ $1,000,000 

1832 VA Improve transportation projects for Jamestown 2007 .... $3,750,000 

1833 MI Design and construction of West Michigan Regional 

Trail Network connector to link two trail systems together and to Grand Rapids ....................................... $3,000,000 

1834 TN Plan and construct a bicycle and pedestrian trail including enhancements, Murfreesboro ......................... $9,000,000 

1835 AZ Replacement of Safford Bridge which crosses the Gila 

River directly north of Safford, AZ on North 8th Avenue .............................................................................. $3,500,000 

1836 TX Design & construct streetscape improvements to Old 

Spanish Trail—SH 288 to Griggs, Griggs to Mykawa $1,000,000 

1837 TN For each rail-highway crossing: Improve circuitry on 

vehicle protection device installed at crossing in 

Knoxville, TN ................................................................ $57,000 

1838 OH Reconstruct Broadway Ave in Lorain .............................. $750,000 

152 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1839 OH Road Widening and related improvements to SR 82 in 

Macedonia OH ............................................................. $3,410,000 

1840 MN Reconstruct CSAH 4 and CSAH 5 ( Forest Highway 11) 

between CSAH 15 and TH 61, Silver Bay ................... $1,740,000 

1841 CA Ramona Avenue Grade Separation, Montclair, California $2,000,000 

1842 MN Roadway improvements, City of Federal Dam ................ $1,000,000 

1843 VA Rocky Knob Heritage Center— planning, design, site 

acquisition and construction for trail system and 

visitors center on Blue Ridge Parkway ....................... $1,500,000 

1844 FL Design and construct capacity and safety improvements for State Road 426—County Road 419 in 

Oviedo from Pine St to west of Lockwood Blvd ......... $2,000,000 

1845 FL Coordinated Regional Transportation Study of US 98 

from Pensacola Bay Bridge, Escambia County to 

Hathaway Bridge, Walton County, Florida .................. $1,500,000 

1846 PA Paving and reconstruction in the townships: North and 

South Eldorado, North Altoona, Fairview, Juniata, 

East End, Pleasant Valley, South Tracks, Lyswen-Altoona, PA ..................................................................... $2,000,000 

1847 AK Construct access road connection from Seward Highway to rail and airport facilities in Seward ............... $3,000,000 

1848 AZ Realign Davis Road from State Route 80 to State 

Route 191 .................................................................... $3,300,000 

1849 PA Reesdale Street roadway reconfiguration to allow HOV 

access to new parking facility ................................... $1,000,000 

1850 WA SR 538 (College Way) and North 26th St. Signal in 

Mount Vernon .............................................................. $175,000 

1851 TX Acquisition of right of way and environmental preservation from I-45 to U.S. 59 for Grand Parkway ......... $12,000,000 

1852 ID Reconstruct Grangemont Road (Idaho Forest Highway 

67) from Orofino to Milepost 9.3 ................................ $2,000,000 

1853 VA Expansion of South Airport Connector Road (Clarkson 

Road to Charles City) ................................................. $7,000,000 

1854 NY Design and Construction of bicycle and pedestrian facilities in the area of the Roosevelt Avenue Bridge .. $480,000 

1855 NC Construct Endor Iron Furnace Greenway enhancements 

from Deep River to Sanford ........................................ $1,000,000 

1856 CO Improve and widen State Highway 44 from Colorado 

Boulevard to State Highway 2 .................................... $4,000,000 

1857 FL Fund improvement of US 301 corridor in Sumter and 

Marion Counties .......................................................... $2,000,000 

153 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1858 TN complete construction and landscaping of visitor center on Cherohala Skyway in Monroe County, TN ........ $100,000 

1859 OR Construction of the East Burnside Street improvements, 

Portland ....................................................................... $3,700,000 

1860 AL Expand to 4 lanes US Highway 278 from Sulligent to 

Guin ............................................................................. $1,000,000 

1861 IL Francis Cabrini/W. Green Homes CHA Street Construction, City of Chicago ................................................... $600,000 

1862 NY Plan and construct bicycle path, esplanades and ferry 

landing along New York Bay in Sunset Park, Brooklyn ................................................................................ $10,000,000 

1863 PA Construct Dubois Regional Medical Center Access Road $600,000 

1864 NY To design and construct safe route to school projects 

in Brooklyn, Queens and Manhattan, NY ................... $550,000 

1865 PA US 30 corridor improvements from PA 896 to PA 897. 

Connects PA 41 ........................................................... $3,000,000 

1866 MD US 40 Alternate, Middletown Bypass .............................. $5,000,000 

1867 CA Construction of a smart crosswalk system at the intersection of Topanga Canyon Blvd. and Gault St ......... $50,000 

1868 WI Expand USH 51 & STH 29 in Marathon County ............. $8,000,000 

1869 PA Construct 2 flyover ramps and S Linden St ext for access to industrial sites in the cities of McKeesport 

and Duquesne ............................................................. $7,000,000 

1870 NY Construct 4-lane bypass roadway along US Route 6 in 

Lake Mohegan parallel to Strawberry Road in Yorktown ending in Town of Cortlandt Manor .................. $130,000 

1871 NY Construct pedestrian walkway along Route 9A in Hudson River Park, New York City .................................... $5,000,000 

1872 IN Design engineering, right-of-way acquistion, and construction for the Grant County Economic Corridor ..... $2,000,000 

1873 MN City of Marshall TH 23 4-Lane Extension ....................... $3,288,000 

1874 IL Henry Horner Homes CHA Street Construction, City of 

Chicago ....................................................................... $1,000,000 

1875 TN Improve circuitry on vehicle protection device installed 

at highway-RR crossing in Knoxville, TN ................... $158,000 

1876 NJ Construct Intersection at Route 46 and Little Ferry Circle in Little Ferry ......................................................... $1,500,000 

1877 AR Improve State Highway 88 (Higdon Ferry Road) in Hot 

Springs ........................................................................ $4,000,000 

1878 MD Improve US 1, Washington Boulevard Corridor in Howard County ................................................................... $1,000,000 

154 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1879 NY Downtown Flushing Traffic and Pedestrian Improvements .......................................................................... $1,000,000 

1880 FL Arlington Expressway Access Rd., Jacksonville ............... $1,500,000 

1881 CO Construct arterial on W side of Montrose to ease traffic 

congestion on SH 550 between Grand Avenue, N/S 

of city .......................................................................... $7,500,000 

1882 CO North I-25: Denver to Fort Collins Colorado ................... $8,000,000 

1883 CA Planning for Orange Line Mag Lev from downtown Los 

Angeles to central Orange County .............................. $350,000 

1884 NJ Rahway Streetscape Replacement Project ...................... $500,000 

1885 CT Reconstruct I-95/I-91 interchange and construct pedestrian walkway, New Haven .................................... $2,000,000 

1886 VA Blue Ridge Music Center—install lighting/steps, upgrade existing trail system and equip interpretative 

center with visitor information ................................... $1,500,000 

1887 VA Ceres Recreation Trail and Center—design and construct pedestrian/bicycle trail in community of Ceres 

and establish trail center ........................................... $150,000 

1888 ME Construction of trails within the Eastern Trail Management District ............................................................... $1,000,000 

1889 GA 1-75 interchanges from north of Tifton to Turner County line .......................................................................... $1,000,000 

1890 GA City of Savannah, Construct bike and pedestrian paths 

along Heritage Rail ..................................................... $200,000 

1891 FL Implementation of the Advanced Traffic Managament 

System, Boca Raton, FL .............................................. $2,000,000 

1892 TX Construct reliever route on US 287 South of Stratford 

to US 287 North of Stratford ...................................... $3,000,000 

1893 WI Construct HSH 151 between CTH D and STH 175, Fond 

du Lac County, WI ....................................................... $3,000,000 

1894 OH Construct transportation enhancement projects, Toledo $10,500,000 

1895 TX Contruct grade separation at US59 and SH99. Replace 

the proposed interim cloverleaf ramps at the intersection ......................................................................... $5,000,000 

1896 MS Gateways Transportation Enhancement Project, Hancock 

County ......................................................................... $250,000 

1897 NY Install Improvements for Pedestrian Safety in the vicinity of IS 194 ................................................................ $250,000 

1898 OK Improvements to SH412P at I-44 Interchange ............... $4,500,000 

1899 FL Acquire right-of-way and construct East-West Connector from SR 37 to SR 563 in Lakeland, FL .......... $3,000,000 

155 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1900 WA Design Valley Mall Blvd for Main St to I-82 and two I82 interchanges at Mileposts 36 and 38 in Union 

Gap, WA ....................................................................... $6,400,000 

1901 WA Extension of Waaga Way west to Old Frontier Rd and 

construction of a ramp from SR3 to SR303 .............. $500,000 

1902 ME Plan and construct highway access between US Route 

161 and US Route 1 in Madawaska .......................... $1,000,000 

1903 CA Randolph St improvements between Wilmington Ave 

and Fishburn Ave in Huntington Park ........................ $1,200,000 

1904 CA Reconstruct Azusa Ave and San Gabriel Ave for twoway traffic in Azusa .................................................... $2,500,000 

1905 KS Construction of a 1.5 mile alternate truck route in 

Downs, Kansas ............................................................ $500,000 

1906 AL Pedestrian Improvements for Columbiana, AL ............... $100,000 

1907 MN Reconstruct CSAH 91 from the D.M. and I.R. Railroad 

crossing at 8th Street in Duluth to CSAH 56, St 

Louis County ................................................................ $5,000,000 

1908 NY Construct Wayne County, NY rails to trails initiative ..... $345,000 

1909 MA Design and construct signal crossing and other safety 

improvements to Bicycle/ Pedestrian Path ................ $750,000 

1910 MI Construction of Nonmotorized Pathway, City of Rockwood ............................................................................ $300,000 

1911 WA Purchase of scenic easement at I-90 and Highway 18 $600,000 

1912 PA Reconstruct the SR 33, 512 interchange in the Borough of Wind Gap ....................................................... $2,500,000 

1913 NY Access improvements for terminal located on 12th Ave 

between W. 44th and W. 54th St in Manhattan ........ $4,000,000 

1914 IL Completion of the Grand Illinois Trail, Cook County ...... $1,292,500 

1915 CA Construct and improve medians and drainage on Imperial Highway from west border to east border of 

city in La Mirada ........................................................ $1,700,000 

1916 CT Construct Pomfret Pedestrian Bridge ............................. $120,000 

1917 NV Construct Laughlin Bullhead City Bridge ....................... $2,000,000 

1918 PA Design, engineering, ROW acquisition, & construction 

of the widening of Pennsylvania Rt. 443 Corridor in 

Carbon County ............................................................. $1,000,000 

1919 NY Palisades Interstate Parkway Mitigation Measures for 

New Square ................................................................. $600,000 

1920 CA Reconstruct and widen Del Amo Blvd to four lanes between Normandie Ave and New Hampshire Ave, Los 

Angeles County ............................................................ $3,000,000 

156 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1921 MN Reconstruct Unorganized Township Road 488 from 

CSAH 138, Koochiching County .................................. $1,025,000 

1922 NY Reconstruction of Empire Boulevard ............................... $6,400,000 

1923 PA Reconstruction of PA 309 from Greenwood Avenue to 

Welsh Road ................................................................. $2,500,000 

1924 TN Construction of I-69 in Obion, Dyer, Lauderdale & Tipton Counties ................................................................ $14,125,000 

1925 IL Design, land acquistion, and construction of South 

Main St (IL 2) Corridor from Beltline Rd to Cedar 

Street in Rockford, IL .................................................. $2,000,000 

1926 OH Grading, paving, roads for the transfer of rail to truck 

for the intermodal facility at Rickenbacker Airport ... $12,500,000 

1927 MA Reconstruction of Pleasant Street, Watertown ............... $2,000,000 

1928 MN Lake Wobegon Trail corridor from Sauk Centre to the 

Stearns County line ..................................................... $352,000 

1929 RI Replace Sakonnet Bridge ................................................ $2,000,000 

1930 CA Conduct study and construct CA State Route 239 from 

State Route 4 in Brentwood area to I-205 in Tracy 

area ............................................................................. $5,000,000 

1931 MA Geometric improvements, safety enhancements and 

signal upgrades at Rt. 28 & Rt. 106, intersection 

West Bridgewater ........................................................ $1,500,000 

1932 WA Fife—Widen 70th Ave. East and Valley Ave. East ......... $1,000,000 

1933 CA Construct two right hand turn for Byzantine Latino 

Quarter transit plazas at Normandie and Pico, and 

Hoover and Pico, Los Angeles ..................................... $400,000 

1934 WA I-90 Two-Way Transit-HOV Project .................................. $4,000,000 

1935 AL Construct Talladega Mountains Natural Resource Center—an educational center and hub for hikers, 

bicyclists, and automobiles ........................................ $500,000 

1936 MD Gaithersburg, MD Extension of Teachers Way—Olde 

Towne Gaithersburg Revitalization ............................. $1,400,000 

1937 IL Intersection Reconstruction and Bridge Rehabilitation 

at IL 60 and Peterson Road ....................................... $2,500,000 

1938 AK Planning, design, and EIS of Bradfield Canal Road ...... $2,300,000 

1939 TX Reconstruct Clinton Dr. from Federal Rd. to N. Wayside 

Dr ................................................................................. $14,000,000 

1940 GA Pave portions of CR 345, CR 44, and CR 45, Hancock 

County ......................................................................... $370,000 

1941 NY Deer Avoidance System, to deter deer from milepost 

marker 494.5, Ripley, PA, to 304.2., Weedsport, NY 

along I-90 ................................................................... $250,000 

157 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1942 CA El Camino Real Grand Blvd Initiative in San Mateo 

County ......................................................................... $3,500,000 

1943 CA Construct Guadalupe River Trail from I-880 to Highway 

237 in Santa Clara County ......................................... $7,000,000 

1944 TN Cocke County, Tennessee SR-32 reconstruction ............. $500,000 

1945 IL Construct I-80, Ridgeland Ave. Improvements, Tinley 

Park ............................................................................. $1,000,000 

1946 KY Construct Pedestrian Mall and Streetscape Improvements, Wilmore ........................................................... $3,905,000 

1947 PA PA 23 corridor improvements from US 30 to US 322 .... $2,450,000 

1948 NJ Replacement and realignment of Amwell Road Bridge 

over Neshanic River .................................................... $555,000 

1949 FL City of Wilton Manors Powerline Road Streetscape Enhancement Project ...................................................... $375,000 

1950 TX Construct SH 199 (Henderson St.) through the Trinity 

Uptown Project between the West Fork and Clear 

Fork of the Trinity River in Fort Worth ....................... $7,000,000 

1951 IN Construction of multi-use paths, Town of Fishers, Indiana .............................................................................. $250,000 

1952 OH Construct White Pond Dr. project in Akron ..................... $1,000,000 

1953 MN Design and right of way acquisition for I-35E-CSAH 14 

Main Street Interchange, city of Lino Lakes, Minnesota .......................................................................... $1,000,000 

1954 OR Expand storage facilities in Eugene to support transportation enhancement activities throughout the 

state ............................................................................ $2,500,000 

1955 CA Improvements to US-101 ramps between Winnetka Ave. 

and Van Nuys Blvd ..................................................... $400,000 

1956 IN Acquire right of way for and construct University Parkway from Upper Mt. Vernon Road to SR 66 ............... $3,000,000 

1957 CA Pine Avenue extension from Route 71 to Euclid Avenue 

in the City of Chino, California .................................. $8,500,000 

1958 MO Confluence Greenway Land Acquisition for Riverfront 

Trail development in St. Louis .................................... $700,000 

1959 TN Retrofit noise abatement walls in Davidson County ...... $2,500,000 

1960 MA Road Improvements between Museum Road & Forsyth 

Way .............................................................................. $4,000,000 

1961 MI Commerce, Haggerty Road from 14 Mile to Richardson $1,500,000 

1962 WI Expand STH 23, County Highway OJ to US Highway 41, 

WI ................................................................................ $15,000,000 

1963 FL Construct interchange at I-95 and Matanzas Woods 

Parkway, Flagler County .............................................. $1,000,000 

158 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1964 IL Miller Road Widening and Improvement, McHenry ......... $7,955,000 

1965 NC Construct Neuse River Trail in Johnston County ............ $2,000,000 

1966 TX Construct landscaping and other pedestrian amenities 

in segments of the Old Spanish Trail and Griggs 

Road rights-of-way ..................................................... $2,000,000 

1967 NY Construction of and improvements to Union Road and 

Walden Avenue in Cheektowaga ................................. $1,000,000 

1968 LA Construction of West Covington Bypass—LA 21 Widening ........................................................................... $4,000,000 

1969 MS Construct Byrd Parkway Extension, Petal ....................... $1,000,000 

1970 NY Intermodal transportation improvements in Coney Island ............................................................................. $3,300,000 

1971 MN Construct one mile of new roadway and a bridge 

crossing the DM&IR railroad tracks, and construct 

connector between CSAH 14 and CSAH 284, Proctor $3,280,000 

1972 NH Construct Park and Ride, Exit 5 on I-93—Londonderry, 

NH ................................................................................ $2,000,000 

1973 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Exeter Borough, Luzerne County ................................. $200,000 

1974 PA Extension of River Road in Reading, PA to provide access to major industial and brownfields sites .......... $1,500,000 

1975 AK Point MacKenzie in Matanuska-Susitna Borough plan 

and design road access ............................................. $1,000,000 

1976 TX Repair 4.35 miles of Lake Ridge Parkway. Widen roadway along with 2 bridges from 4 lanes to 6 across 

Joe Poole Lake in Grand Prairie, TX ........................... $6,000,000 

1977 IL Robert Taylor Homes CHA Street Construction, City of 

Chicago ....................................................................... $550,000 

1978 OR Rockwood Town Center for Stark Street from 190th to 

197th for pedestrian, bicycle and transit facilities 

and safety mitigation ................................................. $1,750,000 

1979 PA Route 89 Curve Realignment one mile north of 

Titusville on Route 89 ................................................. $300,000 

1980 FL Sand Lake Road Improvements between Presidents 

Drive and I-4 ............................................................... $6,000,000 

1981 MI Sault Ste. Marie, Reconstruct East Spruce Street with 

drainage, curb, gutter, pavement, traffic control devices ............................................................................ $950,000 

1982 MI Study and construct I-96/US31-Sternberg Road area 

improvements .............................................................. $6,000,000 

159 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

1983 PA Provide access to HOV ramp from Reedsdale Street 

with traffic signals, pavement markings, lane control and fast acting gates .......................................... $2,000,000 

1984 IL The extension of MacArthur Blvd. from Wabash to Iron 

Bridge Road. Springfield ............................................. $1,500,000 

1985 IL Construct Cedar Creek Linear Park Trail, Quincy ........... $500,000 

1986 IN Conduct study for US50 Corridor Improvements, Dearborn County Indiana ................................................... $300,000 

1987 IL Design, land acquisition, and construct West State St 

(US Business 20) from Meridan Rd to Rockton Ave 

in Rockford, IL ............................................................. $2,000,000 

1988 CA The Foothill South Project, construct 16 miles of a sixlane limited access highway system .......................... $10,000,000 

1989 MI Construct Road Improvements to Miller Rd. from I-75 

to Linden Rd. Flint Township ...................................... $3,000,000 

1990 CA State Route 99 improvements at Sheldon Road ............ $4,000,000 

1991 KY The Kentucky Multi-Highway Preservation Project .......... $1,600,000 

1992 NY Town of Warwick, NY. Bridge replacement on Buttermilk Falls Rd ............................................................... $175,000 

1993 TN Improve existing two lane highway to a four lane facility along the US-412 Corridor west of Natchez Trace 

to US-43 at Mt. Pleasant ........................................... $5,500,000 

1994 NY Town of Warwick, NY East Shore Road reconstruction .. $800,000 

1995 FL Traffic Reconfiguration of SR 934 and US 1 Route, 

Miami .......................................................................... $1,000,000 

1996 PA For design, engineering, ROW acquisition, and construction of the third phase of the Marshalls Creek 

Bypass Project in Monroe County, Pennsylvania ........ $300,000 

1997 MI Construct North Central Muskegon County Corridor Improvements at US 31 and Russell Road .................... $2,300,000 

1998 OH Reconstruct I-75/I-475 Interchange, Toledo ................... $3,000,000 

1999 NY College Point 20th Avenue Streetscapes Improvements 

Project in Queens ........................................................ $700,000 

2000 OH Construct a 4 lane limited access road to link 

Newcomerstown and Cadiz ......................................... $750,000 

2001 CO Construct trail to extend the Pequonnock Valley railtrail through Trumbull and into Bridgeport, CT ......... $500,000 

2002 MS Plan and Construct Star Landing Corridor from US 78 

to US 61 ...................................................................... $2,000,000 

2003 TX I Road Between Nolana Loop and FM 495 in Hidalgo 

County ......................................................................... $1,900,000 

160 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2004 NC North Carolina. Add passing lanes and safety improvements to US Hwy. 64 in Transylvania County ............ $2,000,000 

2005 TN Improve streetscape and pavement repair, Blount 

County, TN ................................................................... $300,000 

2006 CT Reconstruction of State Route 111 from Purdy Hill 

Road to Fan Hill Road, Monroe, CT ............................ $1,500,000 

2007 IL Resurface Trumbull Ave. and Homan Ave., Evergreen 

Park ............................................................................. $400,000 

2008 GA HWY 78 Corridor Improvement Gwinnett County ............ $500,000 

2009 TX Construct Southwest Bypass in Georgetown, Texas, between SH29 and Ranch Road 2243 ........................... $4,000,000 

2010 MO To improve U.S. 54 to a four lane highway from the 

Osage River to MO Route KK ...................................... $1,000,000 

2011 MS Upgrade roads in Mayersville (U.S. Hwy 14 and 1), 

Issaquena County ........................................................ $200,000 

2012 MA Gainsborough St. & St. Botolph St. Improvements ........ $750,000 

2013 IN Construct US 31 Kokomo Corridor Project for Kokomo 

Howard County, Indiana .............................................. $1,000,000 

2014 OH Construction of Tri-State Outer Belt in Lawrence County $2,000,000 

2015 PA Completion of I-79-Kirwin Heights Interchange and 

construction of retaining walls, bridge and new 

ramps .......................................................................... $2,000,000 

2016 OH Construction of the Carroll Area Interchange in Fairfield County ................................................................. $3,000,000 

2017 CA Construct the Silicon Valley Transportation Incident 

Management Center in San Jose ................................ $2,500,000 

2018 CA Design and Construction Camino Tassajara Crown 

Canyon to East Town Project, Danville, CA ................ $1,000,000 

2019 NY Dutchess County, Replace County Bridge BIN 3343110 

over Fishkill Creek, Philips Road, Town of East 

Fishkill ......................................................................... $400,000 

2020 WI North 28th Street Phase 2 roadway safety improvements from Weeks Avenue to Hill Avenue in Superior $1,280,000 

2021 NC Upgrade US 74 in Columbus County .............................. $7,000,000 

2022 MS Upgrade US 78 to Interstate Standards from the MS– 

TN state line to the MS–AL state line ....................... $4,000,000 

2023 IN Improve Bailie Street, Kentland ...................................... $320,000 

2024 CA Realignment of La Brea Avenue to reduce congestion .. $3,640,000 

2025 IL Resurface Elston Avenue from Milwaukee to Pulaski, 

Chicago ....................................................................... $2,000,000 

2026 TN Sullivan, Washington Counties, Tennessee SR-75 widening ........................................................................... $2,000,000 

161 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2027 GA US 17/SR 404 Spur, Back River bridge replacement, 

Savannah .................................................................... $4,000,000 

2028 MS US 98 access improvements & new I-59 interchange, 

Lamar County .............................................................. $4,000,000 

2029 VA Construct South Airport Connector, Richmond International Airport ........................................................... $500,000 

2030 NY City of Peeskill, NY Street Resurfacing Program. Riverview Avenue ................................................................ $130,000 

2031 GA SR 400 at SR 120 Old Milton Parkway intersection improvement Fulton County Georgia .............................. $1,000,000 

2032 MA East Boston Haul Road Construction .............................. $6,000,000 

2033 NY Town of Goshen Orzeck Road reconstruction .................. $400,000 

2034 VA Revitalize Main Street in Dumfries ................................. $725,000 

2035 FL Replace Platt Street Bridge ............................................. $3,000,000 

2036 FL Access Rd. Streetscaping, Sanford Airport ..................... $500,000 

2037 NY Rockland County and City of Yonkers to Lower-Manhattan Ferry Boat project ................................................. $1,000,000 

2038 SC Complete construction of Palmetto Parkway (I-520) Extension (Phase II) to I-20 ........................................... $6,000,000 

2039 NM US 62-180 Reconstruction, Texas State Line to Carlsbad .............................................................................. $5,000,000 

2040 IL US Rt 30 between Williams Street and IL Rt 43 for 

signals, turn & or deceleration lanes at 80th Ave, 

Wolf Rd, Lincoln Way HS and Locust St .................... $6,000,000 

2041 OH Construct Orchard Lane to Factory Road Connector, 

Greene County ............................................................. $500,000 

2042 TX Construction of vessel impact protection system for 

TXDOT .......................................................................... $500,000 

2043 NC Design and construction of the Airport Area Roadway 

Network, High Point, North Carolina ........................... $5,000,000 

2044 VA Repair Colorado Street bridge in Salem, Virginia .......... $1,500,000 

2045 CA Project to evaluate air quality and congestion mitigation benefits of a Hybrid Utility Vehicle in Santa 

Barbara County ........................................................... $100,000 

2046 PA Mill Street improvements, Borough of Lansdale ............ $900,000 

2047 MN Construction of County State Aid Highway 21, Scott 

County, MN .................................................................. $3,200,000 

2048 PA Safety improvement to Chesnuts Turn—SR 475, Fulton 

County, PA ................................................................... $2,600,000 

2049 TX Two direct connectors in Houston, Texas between IH 10 

and SH 99, The Grand Parkway ................................. $5,000,000 

162 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2050 MO Upgrade of Rt. 71 from Pineville to Arkansas State 

Line .............................................................................. $15,000,000 

2051 CA Improve interstates and roads part of the Inland Empire Goods Movement Gateway project in and around 

the former Norton Air Force Base ............................... $25,000,000 

2052 IL Preconstruction activities for Sangamon Valley Bicycle 

Trail (IL) ...................................................................... $500,000 

2053 MI St. Clair County Parks is working with 13 local units to 

develop the 54-mile Bridge-to-Bay trail .................... $500,000 

2054 NJ New Jersey Underground Railroad for preservation, enhancement and promotion of sites in New Jersey ..... $320,000 

2055 CA Construction of an interchange at Lammers Road and 

I-205, Tracy, CA .......................................................... $1,000,000 

2056 MN Right of way acquisition for St. Cloud Metro Area 

Project Development Studies ...................................... $3,000,000 

2057 NY Improve CR39 from NY27 to NY27A, Suffolk County ...... $3,000,000 

2058 PA Street improvements, Borough of Ambler ....................... $650,000 

2059 KY Reconstruction of KY61 from Greensburg in Green 

County to Columbia in Adair County .......................... $1,000,000 

2060 TX Construct Loop 12-IH 35E and SH 183 west extension 

to MacArthur, Irving, Texas ......................................... $1,000,000 

2061 NC To plan, design, and construct the segment of Berkeley 

Blvd. from Royal Avenue to Hew Hope Rd (SR 1003) 

in Goldsboro, NC ......................................................... $1,000,000 

2062 OH Upgrade Manchester Rd. in Akron .................................. $4,000,000 

2063 IL St. Charles Road, The Village of Bellwood ..................... $1,000,000 

2064 TN Engineer, design & construction of connector rd from I75 interchange across Enterprise South Industrial 

Park to Hwy 58 in Hamilton County ........................... $9,000,000 

2065 TX Construct 4 lane divided roadway along SH 71 from 

the Perdernales River to Bee Creek ............................ $1,000,000 

2066 CT I-84 Danbury Exits 1-11 Upgrade Interchanges ............. $1,500,000 

2067 CA Complete the engineering design and acquire the 

right-of-way needed for the Arch-Sperry project in 

San Joaquin County .................................................... $5,000,000 

2068 UT Increase lane capacity on bridge over Virgin River on 

Washington Fields Road in Washington ..................... $3,000,000 

2069 NY Installation of Utica Traffic Signal System .................... $3,000,000 

2070 NC To construct an interchange at an existing grade separation at SR 1602 (Old Stantonsburg Rd.) and U.S. 

264 Bypass in Wilson County, NC .............................. $4,000,000 

163 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2071 WA US 12 Burbank to Walla Walla: Construct new four 

lane highway for portion of US 12 ............................. $3,300,000 

2072 TX Construct direct connectors on US 59 Intersection of 

US 59, Business 59 and US 77 (previously Loop 

463) ............................................................................. $1,500,000 

2073 OH Structural improvements to two bridges over the 

Zimber Ditch between 38th St. and Whipple Ave. in 

Canton, Ohio ............................................................... $500,000 

2074 OK US 281, Widen US 281 from the new US 281 Spur 

North to Geary Canadian County, OK ......................... $1,000,000 

2075 MI City of Negaunee, Croix Street reconstructionStreetscape and resurfacing from US 41 to Maas 

Street ........................................................................... $1,125,000 

2076 KS Construct I-35 and Lone Elm Road interchange and 

widen I-35 from 51st St. to 59th St., Olathe ............ $5,000,000 

2077 MI Integrated highway realignment and grade separations 

at Port Huron, MI to eliminate road blockages from 

NAFTA rail traffic ........................................................ $500,000 

2078 OK US-60, Widen US-60 between Bartlesville and 

Pawhuska, Osage County, OK ..................................... $3,000,000 

2079 WA Construct an off-ramp from I-5 to the intersection of 

Alderwood Mall Blvd and Alderwood Mall Pkwy ......... $500,000 

2080 CA Reduce congestion and boost economies through safer 

access to the coast by realigning Hwy 299 between 

Trinity and Shasta Counties ....................................... $5,000,000 

2081 IL Pre-construction and construction activities on US 45/ 

LaGrange Road from 131st Street to 179th Street .... $1,000,000 

2082 AR Van Buren, Arkansas—Widen and reconstruct Rena 

Road ............................................................................ $3,000,000 

2083 GA Construction of infrastructure for inter-parcel access, 

median upgrades, lighting, and beautification along 

Highway 78 corridor .................................................... $6,500,000 

2084 CA Construct Alviso Bay Trail from Gold Street in historic 

Alviso to San Tomas Aquino Creek in San Jose ......... $1,000,000 

2085 MS Construct bicycle and trolley path, Hattiesburg ............. $850,000 

2086 WI Construct a bike and pedestrian bridge across STH 

100 at the 1800 block of S. 108th Street, West Allis $300,000 

2087 IL Increasing the height on the IL Rt. 82 Railroad Underpass in Geneseo, IL .................................................... $3,000,000 

2088 NC US-70 Goldsboro Bypass ................................................. $1,000,000 

164 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2089 CA Vasco Road Safety Improvements, Contra Costa Transportation Authority and the County of Alameda Public Works, California .................................................... $1,000,000 

2090 NY Downtown Flushing Multi-Modal Connection Project, 

Queens ......................................................................... $1,100,000 

2091 MD Construct Safety and Operations Improvements at MLK 

Jr. Blvd. and W. Baltimore Street in Baltimore .......... $1,700,000 

2092 NY Rehabilitate Riis Park Boardwalk ................................... $300,000 

2093 TX Construct 25 mile stretch of the 177-mile loop, between IH-45 south and SH-288 .................................. $11,500,000 

2094 UT Construction of Midvalley Highway, Tooele County, Utah $1,000,000 

2095 WA Improve Willapa Hills bicycle and pedestrian trail between Rainbow Falls State Park and Adna ................ $200,000 

2096 PA Design and construct interchange and related improvements at I 83 Exit 18 ................................................. $6,000,000 

2097 VA Northern Virginia Potomac Heritage National Scenic 

Trail ............................................................................. $1,000,000 

2098 NC Construct new traffic path to receive and dispatch 

trucks from US 74, US 76, US 421, and US 17S ...... $3,000,000 

2099 OK Construction of Midwest City Pedestrian Walkway ......... $1,000,000 

2100 TX Construct parallel bridge for SH 35 over Capano Bay ... $1,000,000 

2101 GA Construct access roads on Airport Loop road in 

Hapeville ...................................................................... $2,000,000 

2102 TN Construct 2nd Creek Greenway, Knoxville, Tennessee .... $685,700 

2103 NE Design, right-of-way and construction for the Louisville 

Bypass, Nebraska ........................................................ $1,000,000 

2104 HI Construct Honoapiilani Highway Realignment ................ $3,000,000 

2105 TN Hamblen County, Tennessee US25E interchange improvements .................................................................. $1,000,000 

2106 IL Construction of a new bicycle-pedestrian bridge in 

Wayne, IL ..................................................................... $1,200,000 

2107 PA David Lawrence Convention Center Phase IV-reconstruction of roadways assoc. with HQ hotel project .. $1,200,000 

2108 CO I-70 and SH58 Interchange: Reconstruction of existing 

ramps, building of missing ramps and ROW acquisition ........................................................................... $4,000,000 

2109 OH Reconstruct U.S. Route 6 (Lake Road). Rocky River ...... $2,000,000 

2110 WA Construct .6 mile span over I-5 in Thurston County to 

connect Chehalis Western Trail .................................. $4,300,000 

2111 IL Extend Frank Scott Parkway East Road to Scott AFB, 

St. Clair County ........................................................... $2,800,000 

165 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2112 OH Reconfigure I-480 and Transportation Blvd. Interchange, Garfield Heights ............................................ $750,000 

2113 NY Rehabilitation of Route 100 from Virginia Road to 

Westchester Community College ................................. $1,100,000 

2114 TN Restoration of historic L&N Depot, McMinn County, 

Tennessee .................................................................... $20,000 

2115 SD Resurface 10 miles of US18 from Okreek to Carter on 

the Rosebud Indian Reservation ................................. $2,300,000 

2116 CA Route 198 Expansion, from SR 99 to SR43 ................... $3,000,000 

2117 WA SR 543 Interstate 5 to International Boundary Enhancement in Blaine ................................................... $2,500,000 

2118 MD Rockville, MD Construction of Maryland Avenue and 

Market Street Intermodal Access Project ................... $4,000,000 

2119 MN US Highway 212 expansion from Carver Cnty Rd 147 to 

Cologne and from Cologne to Norwood Young America ............................................................................... $1,000,000 

2120 VA Vienna, VA Maple Avenue improvement project ............. $1,650,000 

2121 IL Village of South Jacksonville—West Vandalia Road upgrades ......................................................................... $952,572 

2122 AS Village road improvements for Launiusaelua and Ituau 

counties in the Central district .................................. $3,000,000 

2123 AS Village road improvements for Tualauta, Tualatai, 

Aitulagi, Fofo, and Alataua counties in the Western 

district ......................................................................... $3,000,000 

2124 FL Destiny Rd Reconstruction, Eatonville ............................ $1,000,000 

2125 KY Construct New Technology Triangle Access Road, 

Campbell County, Kentucky ........................................ $2,000,000 

2126 NY Town of Wawayanda reconstruction of McVeigh Road ... $400,000 

2127 VA Virginia Creeper Trail—trail needs, including construction of restroom facilities at Watauga and Alvarado 

and parking expansion at Watauga ........................... $850,000 

2128 CA Construct grade separation on State College Blvd. at 

the Burlington Northern Santa Fe railroad, Fullerton $14,000,000 

2129 MA Warren Street—Blue Hill Avenue .................................... $2,000,000 

2130 FL Design and construct Dunn Avenue Extension, Volusia 

County ......................................................................... $2,000,000 

2131 CA Construct operational and safety improvements to I880 N at 29th Ave in Oakland ................................... $2,500,000 

2132 WA U.S. 395, North Spokane Corridor Improvements ........... $3,300,000 

2133 NY Route 531 Expansion Spencerport-Brockport, 4-lane 

Highway is a project to extend Rt. 531 ..................... $7,400,000 

166 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2134 OR Columbia Intermodal Corridor for rail congestion relief, 

improved intersections and access to Interstate-5 

for trucks, and grade-separate road from rail, Portland ............................................................................. $11,150,000 

2135 OH Interchange and related road improvements to SR 44 

in Painesville, OH ........................................................ $3,000,000 

2136 GA Greene County, Georgia conversion of I-20 and Carey 

Station Road overpass to full interchange ................ $1,200,000 

2137 IL Pioneer Parkway upgrade in Peoria—Extension from 

Allen Road to Route 91 .............................................. $2,000,000 

2138 MS Construct historic bicycle path, Pascagoula .................. $150,000 

2139 PA Crows Run Relocation from SR 65 to Freedom Crider 

Road ............................................................................ $2,350,000 

2140 OH Replace the Edward N. Waldvogel Viaduct in Cincinnati $6,000,000 

2141 NC Construct I-540 from NC 55 South to NC 55 North ....... $11,000,000 

2142 NY Roadway, streetscape, pedestrian, and parking improvements to the Buffalo Niagara Medical Campus, 

Buffalo ......................................................................... $4,000,000 

2143 VA Upgrade DOT crossing #470515H to constant warning 

devices in Halifax ....................................................... $150,000 

2144 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Avoca Borough, Luzerne County .................................. $200,000 

2145 WA Bridge Modification and Interstate Highway Protection 

Project, Skagit River, in Skagit County ...................... $4,000,000 

2146 TN Construct welcome center, Macon County ...................... $200,000 

2147 CA Construction of new roadway lighting on major transportation corridors in the Northwest San Fernando 

Valley ........................................................................... $1,000,000 

2148 MO Interchange design and construction for the Main 

Street Extension at I-55, Cape Girardeau County ...... $1,000,000 

2149 CA Replace SR22 interchanges, construct HOV lanes, and 

lengthen bridges in Garden Gove ............................... $6,000,000 

2150 IL Construct I290, The Village of Oak Park ........................ $1,000,000 

2151 RI Rehabilitation of Bridge Number 550 In Pawtucket ....... $5,500,000 

2152 WA Complete analysis, permitting and right of way procurement for I-5/SR501 Interchange replacement in 

Ridgefield .................................................................... $500,000 

2153 CA Design and construct new interchange at Potrero Blvd 

and State Route 60 in Beaumont .............................. $2,000,000 

2154 TN Construction of a pedestrian bridge in Alcoa, TN .......... $1,000,000 

167 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2155 WV Construct 4 lane improvements on U.S. Route 35 in 

Mason County .............................................................. $14,000,000 

2156 OH Construct Grade Separation at Front Street, Berea ....... $500,000 

2157 CA Crenshaw Blvd. Rehabilitation, 182nd St.-190th St.; 

and Crenshaw Blvd. at 182nd St. Fwy on-off Ramp 

Capacity Enhancement, City of Torrance ................... $800,000 

2158 CA Construct Interchange at Intersection of SR 44 and 

Stillwater Road ............................................................ $8,000,000 

2159 MN CSAH 61 improvements, City of Coleraine ...................... $490,000 

2160 KY Expansion to four lanes of Hwy 55 and Hwy 555 Heartland Parkway in Taylor County ................................... $10,000,000 

2161 KS Interchange improvement at K-7 and 55th St. in Johnson Co ......................................................................... $5,000,000 

2162 CA Construct truck lane on Baughman Road from State 

Route 78/86 to Forrester Road, Westmorland ............ $550,000 

2163 AZ Construct bridges at Aspen St., at Birch St., at Cherry 

St., at Bonito St., at Thorpe St .................................. $1,500,000 

2164 CT Construct Putnam curb cuts ........................................... $50,000 

2165 OH Canton, OH Cleveland Ave. bridge replacement over the 

Nimishilen Creek ......................................................... $400,000 

2166 MN Design and right of way acquisition for I-35 and 

CSAH2 interchange in Forest Lake, MN ...................... $3,000,000 

2167 PA Complete the connection of the American Parkway between the east and west sides of the Lehigh River 

with bridge and interchanges .................................... $10,000,000 

2168 PA Design, engineering, ROW acquisition & construction of 

street improvements, parking & safety enhancements Main & Parsonage Streets in Pittston ............ $250,000 

2169 TX Grade separation bridges at Wintergreen Rd. and Millers Ferry Rd. in Hutchins and Pleasant Run Rd. 

and Millers Ferry Rd. in Wilmer .................................. $8,200,000 

2170 GA I-20 HOV lanes from Evans Mill Road to Salem Road, 

Dekalb and Rockdale Counties ................................... $1,500,000 

2171 NV Improve Las Vegas Beltway-Airport Connector Interchange ......................................................................... $4,000,000 

2172 CA Oregon-Page Mill expressway Improvements between 

US101 and SR 82, Palo Alto ...................................... $4,000,000 

2173 MA Design and construct the Quinebaug River Rail Trail 

Bikeway ....................................................................... $1,000,000 

2174 CA Park Boulevard-Harbor Drive Rail Grade Separation, 

San Diego .................................................................... $1,000,000 

2175 MN Paul Bunyan Trail, Walker to Bemidji segment .............. $700,000 

168 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2176 CA Construct road surface improvements, and improve 

road safety from Brawley Water plant to HWY 86 to 

9th Street to 18th Street, Brawley ............................. $1,400,000 

2177 TX Improvements to FM 1017 in Hebbronville ..................... $500,000 

2178 CA Alameda Corridor East Gateway to America Trade Corridor Project, Highway-Railgrade separation along 35 

mile corridor from Alameda Corridor (Hobart Junction) to Los Angeles/San Bernardino County Line ...... $15,500,000 

2179 GA Phase III Streetscape-Columbus ..................................... $1,000,000 

2180 IL Pre-construction and construction IL 15 over Wabash 

River at Mt. Carmel .................................................... $6,960,000 

2181 NY Queens and Brooklyn County Graffiti Elimination Program including Kings Highway from Ocean Parkway 

to McDonald Avenue ................................................... $4,000,000 

2182 IA Improvements at the IA 146 and I 80 interchange, 

Grinnell ........................................................................ $1,000,000 

2183 TX Construct Grade separation at US 277 in Eagle Pass ... $5,000,000 

2184 LA Plan, design, land acquisition, and construction for 

improved access to I-10 and US61/River Road in St. 

John the Baptist and in Ascension Parish on the 

LA22 Corridor .............................................................. $2,750,000 

2185 KS Construction of a two-lane on a four-lane right of way 

bypass with controlled access on US-400 at Dodge 

City .............................................................................. $12,800,000 

2186 MN Reconstruct CR 203 between US 10 and CSAH 1, Morrison County ................................................................ $336,000 

2187 NY Reconstruction of York Street Industrial Corridor 

Project, Auburn, NY ..................................................... $3,500,000 

2188 NY Construction of and improvements to Route 62 in the 

Village of Hamburg ..................................................... $1,000,000 

2189 IN Downtown road improvements, Indianapolis .................. $10,000,000 

2190 AL Construct pedestrian urban-edge riverwalk in Montgomery, AL ................................................................... $500,000 

2191 PA Johnstown, Pennsylvania, West End bypass safety improvements .................................................................. $5,000,000 

2192 CA Construction of traffic and pedestrian safety improvements in Yucca Valley ................................................ $2,000,000 

2193 CA 710 Freeway Study to Evaluate Technical Feasibility 

and Impacts of a Tunnel Alternative to Close 710 

Freeway Gap ................................................................ $3,000,000 

169 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2194 CA Greenleaf Right of Way Community Enhancement 

Project-design and construct bikeways, pedestrian 

walkways and upgrade signalization Compton .......... $3,000,000 

2195 KY Improve Prospect Street Pedestrian Access, Berea ........ $2,750,000 

2196 OH Construct Crocker Stearns Connection, North Olmsted 

and Westlake ............................................................... $700,000 

2197 NY Construction of and improvements to Seneca Street in 

Buffalo ......................................................................... $600,000 

2198 CA Avalon Boulevard/I-405 Interchange modification 

project, Carson ............................................................ $4,000,000 

2199 IL Construct Illinois Route 336 from Macomb to Peoria .... $2,000,000 

2200 NC North Carolina. Pack Square Pedestrian and Roadway 

Improvements, Asheville ............................................. $4,000,000 

2201 PA Provide pedestrian and water access to Convention 

Center from surrounding neighborhoods .................... $1,100,000 

2202 NY Reconstruction of Times and Duffy Squares in New 

York City ...................................................................... $1,500,000 

2203 LA Construction of I-10 Access Road (Crowley) .................. $1,100,000 

2204 NY Repaving of I-86 in towns of Coldspring, Randolph, Allegany, and Olean; City of Olean; Village of Randolph in Cattaraugus County ..................................... $10,000,000 

2205 PA Replace Bridge, S.R. 106, Tunkhannock Creek Bridge 2, 

Clifford Township, Susquehanna County .................... $800,000 

2206 NJ Replace Route 7-Wittpen Bridge, Hudson County .......... $1,000,000 

2207 MN Right-of-Way acquisition for 8th Street North & Pinecone Road ................................................................... $4,000,000 

2208 IL For Village of Lemont to modernize and improve the 

intersection of McCarthy Road, Derby Road, and Archer Avenue ................................................................. $350,000 

2209 CA Construct I-80 HOV lanes and interchange in Vallejo ... $1,000,000 

2210 PA Rail Crossing signalization upgrade, East Wesner Road, 

Maidencreek Twp, Berks County ................................. $206,300 

2211 OH Construct road projects and transportation enhancements as part of RiverScape Phase III, Montgomery 

County, Ohio ................................................................ $4,480,000 

2212 TN Riverside Drive Cobblestone Restoration and Walkway, 

Memphis ...................................................................... $1,000,000 

2213 TX Road grade separation at Fairmont Parkway over 

Southern Pacific Railroad ........................................... $5,000,000 

2214 PA Construct additional northbound lane on Rte 28 between Harmar and Creighton Interchange ................. $1,650,000 

170 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2215 NJ Roadway and intersection modifications on New Jersey 

Route 82 ...................................................................... $1,000,000 

2216 OH Jackson Township, Ohio. Intersection improvements at 

Fulton Dr. and Wales .................................................. $2,000,000 

2217 GA Rockdale County Veteran’s Park— create park trails ... $500,000 

2218 MA Construct the Blackstone River Bikeway and Worcester 

Bikeway Pavilion between Providence, RI and 

Worcester, MA .............................................................. $2,000,000 

2219 OH Improvements to SR 91 in City of Twinsburg, OH ......... $1,950,000 

2220 TX Completion of US 77 relief route around City of 

Robstown ..................................................................... $2,000,000 

2221 NY Improve Maple Avenue, Smithtown ................................. $1,000,000 

2222 HI Replace and Rehabilitate Kamehameha Highway 

Bridges, Island of Oahu .............................................. $1,000,000 

2223 TX SH71 from W of FM 20 to Loop 150, Bastrop County .... $2,000,000 

2224 IN Construct US 31 Plymouth to South Bend Freeway 

Project in Marshall and St. Joseph Counties, Indiana $8,000,000 

2225 LA Plan and develop a four-lane roadway, Jeanerette to 

US 90 connection ........................................................ $200,000 

2226 LA Construct I-12 and LA 1088 Interchange ....................... $3,000,000 

2227 CA 4 lane widening/safety improvements on State Route 

25 from Hollister to Gilroy .......................................... $3,660,000 

2228 NY Comprehensive traffic congestion mitigation study of 

Hauppauge Industrial Park and surrounding area .... $750,000 

2229 NY Develop an identity and signage program for the Erie 

Canalway National Heritage Corridor ......................... $1,000,000 

2230 CO Dillon Drive Overpass at Interstate 25 in Pueblo ........... $4,000,000 

2231 NY Improvements at highway-rail crossings along the 

Southern Tier Extension Railroad in Allegany, 

Cattaraugus, and Steuben Counties .......................... $1,000,000 

2232 FL Depot Ave. Enhancements, Gainesville ........................... $6,000,000 

2233 CA Interstate 15 and Winchester Road Interchange Project $1,000,000 

2234 PA Construct the Eastern Inner Loop in Centre County 

around State College, PA ............................................ $1,000,000 

2235 NJ Streetscape Improvements along Berlin Road between 

Gibbsboro Road and White Horse Road in 

Lindenwold Borough .................................................... $1,000,000 

2236 FL Conduct planning and engineering for SR 70 widening 

in Hardee, DeSoto and Okeechobee ............................ $2,000,000 

2237 GA Streetscape-Albany .......................................................... $500,000 

2238 GA Streetscape-Richland ....................................................... $200,000 

2239 MO Construct four lanes for Route 5 in Camden County ..... $10,000,000 

171 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2240 IL Improve Cottage Grove intersection, South Chicago Avenue and 71st Street .................................................. $1,000,000 

2241 NY Study, design and reconstruction of pedestrian walkways, the Bronx ........................................................... $1,000,000 

2242 MS Upgrade roads in Anguilla and Rolling Fork, Sharkey 

County ......................................................................... $750,000 

2243 TX For center to center communication link between highway traffic transportation management centers ....... $1,000,000 

2244 OH Upgrade the interchange of Interstates 270 and 71 in 

Franklin County, Ohio .................................................. $2,000,000 

2245 CA US 101 Corridor Improvements—Route 280 to the 

Capitol-Yerba Buena Interchange ............................... $5,000,000 

2246 CA Rancho Vista Blvd Widening Project ............................... $3,000,000 

2247 NJ Newark Access Variable Message Signage System ........ $500,000 

2248 IA Construct SW Connector, West Des Moines .................... $2,000,000 

2249 IA US 30 reconstruction, near Tama ................................... $4,000,000 

2250 GA Construction of interchange on I-985 north of SR-13, 

Hall County, Georgia ................................................... $5,000,000 

2251 MI Marquette County, Realignment of 3200 feet of County 

Road 492 from US-41 north to County Road HD ....... $500,000 

2252 WI Realign USH 8 near Cameron, Barron County ................ $2,000,000 

2253 PA Restoration of PA422, in Berks County, including slab 

repair and diamond grinding ..................................... $1,000,000 

2254 CA Monte Vista Avenue Grade Separation, Montclair, California ........................................................................... $2,000,000 

2255 NY Deploy intermodal chassis ITS project in New York ....... $2,000,000 

2256 NY Reconstruction of Route 590 in the Town of 

Irondequoit, NY ............................................................ $5,000,000 

2257 NY Design and Construction of Downtown Jamestown Connector Trail .................................................................. $2,000,000 

2258 LA Further construction to improve draining at Clearview 

Parkway (LA 3152) and Earhart Expressway (LA 

3139) ........................................................................... $3,300,000 

2259 MI Houghton County, Rehabilitate 2 piers and remove old 

bridge caissons for Sturgeon River Bridge ................ $270,000 

2260 AK Make necessary improvements to Indian River Road in 

City and Borough of Sitka .......................................... $2,000,000 

2261 MN Reconstruct CSAH 61 from Barnum to TH 210 at 

Carlton, and improve Munger Trail ............................ $1,680,000 

2262 TX Build I-30 Trinity River Bridge, Dallas, Texas ................ $1,000,000 

2263 AK Realign rail track to eliminate highway-rail crossings 

and improve highway safety and transit times ......... $5,000,000 

172 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2264 MS Relocate SR 44 from SR 198 to Pierce Road, Columbia $3,500,000 

2265 AL Interstate 565 west extension towards Decatur ............. $2,000,000 

2266 MO Roadway Improvements on Rte. 21 from Hayden Road 

to Lake Lorraine .......................................................... $5,000,000 

2267 IL Halsted Bridge over North Branch Canal Reconstruction, City of Chicago ................................................... $600,000 

2268 VA Town of Pound Riverwalk—construction of pedestrian 

riverwalk in Town of Pound ........................................ $100,000 

2269 IL US 67 west of Jacksonville, IL Bypass to east of IL 100 $2,000,000 

2270 NY Village of Wappingers Falls North Mesier Ave ................ $750,000 

2271 AR War Eagle Bridge Rehabilitation—Benton County, Arkansas ......................................................................... $640,000 

2272 WI Build additional staircases, landscape, and other improvements to the municipal bridge at the Holton 

St. Viaduct in Milwaukee ............................................ $800,000 

2273 TN Washington County, Tennessee SR-36 widening ............ $1,000,000 

2274 MI Westland, Ann Arbor Trail between Farmington and 

Merriman ..................................................................... $3,150,000 

2275 MI White Lake, pave Cooley Lake Road Between Hix and 

Newburgh Roads ......................................................... $500,000 

2276 GA Bridge replacement on County Road 183-FAS Route 

1509, Peach County .................................................... $425,000 

2277 NC I40 I-77 Interchange in Iredell County, NC .................... $4,000,000 

2278 CA Construct safe routes to school in Cherryland and Ashland ............................................................................. $1,000,000 

2279 CA Install Central Ave Historic Corridor comprehensive 

streetscape improvements thus improving traffic, 

ped safety, and economic development, Los Angeles $2,000,000 

2280 VA Whitetop Station—completion of renovation of Whitetop 

Station (which serves as trailhead facility) including 

construction of trail .................................................... $100,000 

2281 CT Make Improvements to Montville-Preston Mohegan 

Bridge .......................................................................... $3,000,000 

2282 IL Widen and improve Pulaski Road, Alsip ......................... $700,000 

2283 AK For Completion of the Shotgun Cove Road, from Whittier, Alaska to the area of Decision Point, Alaska ..... $4,000,000 

2284 NY Study and Implement Intelligent Transportation System 

Sensor Technology to Improve Safety at Bridges and 

Tunnels in Metropolitan New York City ...................... $1,000,000 

2285 NY Warburton Avenue Bridge over Factory Lane, Hastingson-Hudson, New York .................................................. $1,000,000 

173 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2286 NY Improve intersection of Old Dock and Church Street, 

Kings Park ................................................................... $500,000 

2287 TN Widen and improve State Route 33, Knox County, Tennessee ......................................................................... $6,500,000 

2288 CA Reconstruct Paramount Bl. with medians and improve 

drainage from north border to south border of city 

in Lakewood ................................................................ $1,350,000 

2289 NY Upgrade Metro North stations in the Bronx and construct station at Yankee Stadium .............................. $3,000,000 

2290 OH Construct the existing industrial park road from local 

to state standards near Cadiz ................................... $4,100,000 

2291 LA Upgrade LA 28 to four lanes from LA 121 to LA 465 .... $2,000,000 

2292 NY Reconstruction of Historic Eastern Parkway ................... $2,400,000 

2293 CA Widen and make ITS improvements on Paramount Blvd 

between Telegraph Rd and Gardendale St in Downey $1,000,000 

2294 VA Conduct planning and engineering for Hampton Roads 

Third Crossing and Interconnected Roadways ........... $3,000,000 

2295 IL Widen Annie Glidden Road to five lanes with intersection improvements. DeKalb, IL .................................... $4,000,000 

2296 CA Widen California State Route 132 from California State 

Route 99 west to Dakota Avenue ............................... $18,000,000 

2297 NC Widen Derita Road from Poplar Tent Road in Concord 

to the Cabarrus Mecklenburg County line .................. $2,000,000 

2298 TX Widen from 4 to 6 lanes Interstate 35 East from Lake 

Lewisville to Loop 288 ................................................ $6,000,000 

2299 CA Widen Haskell Avenue between Chase St. and Roscoe 

Blvd ............................................................................. $200,000 

2300 TX Widen Hempstead Highway from 12th Street to Washington Avenue from four lanes to six lanes ............... $1,000,000 

2301 NH Reconstruction and relocation of the intersection of 

Maple Avenue and Charleston Road in Claremont .... $500,000 

2302 OH Construct highway-rail crossing safety upgrades at 3 

grade crossings in Madison Village, OH .................... $300,000 

2303 WA Rebuild Yakima Valley Highway within city limits of 

Sunnyside, WA ............................................................. $1,600,000 

2304 NY Implement Improvements for Pedestrian Safety in New 

York County ................................................................. $1,000,000 

2305 NY Construction of and improvements to Main Street in 

the Town of Eden ........................................................ $400,000 

2306 GA SR 85 widening from Adams DR to I-75 and reconstruct the Forest Parkway interchange, Clayton 

County ......................................................................... $1,500,000 

174 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2307 GA Jogging, and Bicycle Trails around CSU, Columbus ....... $500,000 

2308 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Throop Borough, Lackawanna County ......................... $200,000 

2309 IL Reconstruct Winter Ave, existing 1 lane RR subway, 

and 1 lane bridge to provide access to Winter Park 

in Danville ................................................................... $5,400,000 

2310 OR Construct highway and pedestrian access to Macadam 

Ave and street improvements as part of the South 

Waterfront development, Portland .............................. $9,000,000 

2311 TX Relocation of 10th Street near McAllen-Miller International Airport ........................................................... $750,000 

2312 IL Construct pedestrian tunnel at railroad crossing in 

Winfield, IL .................................................................. $1,000,000 

2313 IN Construct Margaret Avenue Safety and Capacity Enhancement Project ...................................................... $3,000,000 

2314 TX Construct Loop 574 from BU77 to I-35 in McLennan Co $2,000,000 

2315 NY Construction of a bicycle/pedestrian off road scenic 

pathway from the Niagara Falls City Line to the 

southerly Lewiston Town/Village Line along the Niagara Gorge, Town of Lewiston, Village of Lewi ............ $2,300,000 

2316 FL Construct new bridge from West—Florida Turnpike to 

CR 714 to 36th Street—Cross S. Fork of St. Lucie 

River—Indian Street to US 1 on east side ................ $5,000,000 

2317 WI Recondition STH 16 from Columbus to STH 26 (Dodge 

County, Wisconsin) ...................................................... $4,000,000 

2318 VI Christiansted By-Pass Highway, St. Croix ...................... $8,000,000 

2319 NY Riverwalk in Irvington development ................................ $200,000 

2320 OH Road resurfacing and improvements in the Village of 

Bentleyville, OH ........................................................... $700,000 

2321 PA Improvements to Stella Street rail-highway crossing in 

Wormleysburg, PA ........................................................ $750,000 

2322 CT Construct Entrance Ramp at Route 8 Exit 11, Shelton, 

CT ................................................................................ $1,000,000 

2323 AL Pedestrian Improvements for Leeds, AL ......................... $100,000 

2324 WA Federal Way Triangle—Conduct final engineering work 

for the reconstruction of the I-5—SR 18 interchange ......................................................................... $2,000,000 

2325 MI Garden City, Reconstruct Maplewood between Inkster 

and Merriman .............................................................. $1,225,000 

175 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2326 OR Lake Road Reconstruction and Safety Improvements, 

Milwaukie .................................................................... $2,850,000 

2327 NY Resurface Grade Crossing at Old State Road ................ $250,000 

2328 MN Construction of Cedar Avenue Busway, MN .................... $6,000,000 

2329 IL Resurfacing of approx 30 miles of roadway in Village 

of Oak Lawn ................................................................ $7,000,000 

2330 GA Streetscape-Thomasville .................................................. $300,000 

2331 PR To build the missing central segment of PR-10, to 

complete one of only two highways crossing Puerto 

Rico North to South .................................................... $5,000,000 

2332 PA To enhance existing directional markers & increase 

wayfinding signage infrastructure in Monroe County $500,000 

2333 CA Construct and repair lining in four tunnels on Kanan, 

Kanan Dume, and Malibu Canyon Roads between US 

1 and US 101 ............................................................. $3,000,000 

2334 GA Sidewalk revitalization project in downtown Eastman ... $500,000 

2335 TX Port of Corpus Christi Up River Road for upgrade of 

roadway to and from docks & IH 37 .......................... $500,000 

2336 GA Construct US 411 Connector from US 41 to I-75, 

Bartow County, Georgia .............................................. $21,350,000 

2337 NY Construction of US Route 219 Expressway: Sections V 

and VI .......................................................................... $8,000,000 

2338 PA Engineering, design and construction of an extension 

of Park Avenue north to Lakemont Park in Altoona ... $2,000,000 

2339 MN Reconstruct I-35E from I-94 to Maryland Avenue in St. 

Paul ............................................................................. $3,500,000 

2340 CA Construct truck ramp linking Interstate 5 to the National City Marine Cargo Terminal, National City ...... $1,500,000 

2341 GA Reconstruct the interchange at Interstate 185 and Victory Drive (SR 520), Columbus, GA Victory Drive (SR 

520), Columbus, GA .................................................... $1,806,000 

2342 OH Streetscaping, bicycle trails, and related improvements 

to the I-90—SR 615 Interchange in Mentor, OH ...... $3,500,000 

2343 IN Preliminary engineering, right-of-way, and construction 

for Perimeter Parkway-West Lafayette/Purdue University, Indiana ................................................................ $10,000,000 

2344 TN Reconstruct Interchange 55 at Mallory Avenue, Memphis, Shelby County .................................................... $1,000,000 

2345 CA Upgrade first responders signal pre-emption hardware, 

Culver City ................................................................... $32,000 

2346 IN Construction of Maplecrest Rd Extension—Allen County, Indiana ................................................................... $11,000,000 

176 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2347 MS Upgrade roads in Arcola, Greenville, and Hollandale 

(U.S. Highway 61 and 18), Washington County ......... $1,750,000 

2348 MS Canal Road Intermodal Connector, Gulfport ................... $5,000,000 

2349 PR Construction of community bridge for Los Navarros 

Sector, Quebrada Arenas Community ......................... $500,000 

2350 NY Construct the Auburn Connector Road Corridor, Auburn, 

NY ................................................................................ $1,000,000 

2351 MA Engineering and construction of Blackstone Valley Visitors Center at intersection of State Route 146 and 

Millbury Street, Worcester ........................................... $6,400,000 

2352 CA Improve I-8 off ramp to the Desert Farming Institute, 

Imperial County ........................................................... $1,000,000 

2353 KS Construct bike and pedestrian path along K-10 between Douglas and Johnson Counties ........................ $500,000 

2354 HI Construct Bike Lanes on Kalanianaole Highway, vicinity 

of Makapuu to Keolu Drive ......................................... $300,000 

2355 TX Donna/Rio Bravo International Bridge ............................ $2,000,000 

2356 IL Improve Sheridan Road, Evanston .................................. $2,000,000 

2357 MD Intercounty Connector ...................................................... $4,000,000 

2358 MI Resurfacing of Ten Mile Road in St. Clair Shores ......... $896,000 

2359 NY Conduct studies to consider transportation planning 

and community involvement for infrastructure 

projects that address congestion relief in New York 

City .............................................................................. $1,000,000 

2360 MO Construct an extension of MO 740 from U.S. 63 to the 

1-70 Lake of the Woods Interchange ......................... $2,500,000 

2361 LA Improvements for LA 1148 in Iberville Parish; and LA/ 

I-10 Connector Study; and improvements to LA 10/ 

Zachary Taylor Parkway .............................................. $4,000,000 

2362 NY Monroe County ITS project ............................................... $900,000 

2363 MO Roadway improvement on I-44 in Phelps County Missouri ............................................................................ $1,000,000 

2364 MA Rt 128/95 ramp Northbound to Kendrick Street, Needham ............................................................................. $2,000,000 

2365 IN Realign State Road 312, Hammond ............................... $4,162,891 

2366 PA Design, engineering, ROW acquisition & construction of 

surface improvements to the area adjacent to Exit 

168 of Interstate 81 at the Wachovia Arena in 

Wilkes-Barre Township ................................................ $250,000 

2367 GA SR 92 relocation from Durelee Road to SR 92 at Malone, including grade separation, Douglas County, 

Georgia ........................................................................ $8,000,000 

177 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2368 IN Construct I-69 Evansville to Indianapolis, Indiana ........ $14,000,000 

2369 CA Construct fourth bore of Caldecott Tunnel on SR 24, 

California ..................................................................... $1,000,000 

2370 TN Construct interchange on I-40 in Wilson County ........... $1,000,000 

2371 IN Construct service road parallel to I-69 in the City of 

Anderson, Indiana ....................................................... $3,000,000 

2372 NY Croton-on-Hudson, NY Restoration of Van Cortlandt 

Manor entrance road ................................................... $2,500,000 

2373 OH Construction and repair of pedestrian walkways along 

Lake Shore Blvd. in Lakeline Village, OH ................... $289,000 

2374 MD Reconstruct MD 32 from MD 108 to I-70 in Howard 

County ......................................................................... $2,000,000 

2375 NY Reconstruct Streets and Sidewalks in Middle Village .... $1,000,000 

2376 MI Reconstruct two bridges over Black Creek Drain in 

Sanilac County ............................................................ $712,500 

2377 FL Construction of Little Venice Road, Marathon, FL .......... $1,000,000 

2378 CA Make traffic and safety improvements to Atlantic Blvd 

in Maywood ................................................................. $500,000 

2379 MN Stearns County Bridge no. 73501 Improvements ........... $400,000 

2380 LA Construct LA 16 Interchange at I-12 and improvements, and Cook Road improvements ....................... $13,000,000 

2381 MO Reconstruct Highway 60 and Highway 65 Interchange .. $2,000,000 

2382 CO I-70, Havana, Yosemite Street Interchange Reconstruction Project, Denver ..................................................... $1,500,000 

2383 CO Reconstruct C470-US85 Interchange .............................. $4,000,000 

2384 VA Reconstruction of the entranceway to Montpelier on Orange County, Virginia ................................................. $1,000,000 

2385 TN Construct and widen underpass at intersection of 

Boydstation, Harvey, and McFee Roads, Knox County, 

TN ................................................................................ $494,300 

2386 GA Extend sidewalks, upgrade landscaping in downtown 

Hawkinsville ................................................................ $500,000 

2387 OH Conduct Sarah St along SR 18 and 101 enhancement 

project to calm traffic in the City of Tiffin ................ $2,600,000 

2388 LA Improvements to Zachary Taylor Parkway ...................... $2,000,000 

2389 CA Las Tunas Drive Pedestrian Enhancement, San Gabriel $150,000 

2390 OH Reconstruction, widening, and bicycle improvements to 

Pettibone Road in the City of Solon, OH .................... $3,000,000 

2391 NH Replacement of Ash Street and Pillsbury Road Bridge .. $1,400,000 

2392 PA Swamp Road Corridor Safety and Roadway Improvements, Bucks County .................................................. $1,000,000 

2393 FL Construct St. Augustine to Palatka Rail Trail, Florida ... $2,900,000 

178 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2394 IL Construction of a traffic circle to reduce traffic congestion, Museum Campus Chicago ............................ $2,000,000 

2395 AL Pedestrian Improvements for Gardendale, AL ................ $100,000 

2396 PA Extension of Second Street from Race to the intersection of Lehigh and Poplar Street in the Borough of 

Catasauqua ................................................................. $1,100,000 

2397 NE Cuming Street Transportation Improvement Project, 

Omaha, Nebraska ........................................................ $4,000,000 

2398 TN Construct State Route 1 (US-70) to a four lane divided 

highway on new alignment from Centertown to 

McMinnville in Warren County .................................... $11,500,000 

2399 CA Improve access to I-80 at Eureka Road Interchange ..... $2,000,000 

2400 LA Expand existing South Central Planning and Development Commission Intelligent Transportation System 

program in Houma-Thibodaux area by installing signals, sensors and systems ......................................... $1,800,000 

2401 IL Install traffic control devices on traffic signals in Village of Oak Lawn ........................................................ $240,000 

2402 CA Interstate 15, California Oaks Road Interchange Project $2,000,000 

2403 TX Choate Road overpass to eliminate at-grade intersection between Choate Rd and SH146 .......................... $9,800,000 

2404 OH Construction of I-75 Austin Road Interchange, Montgomery County, Ohio ................................................... $7,500,000 

2405 CA Acquire lands adjacent to US 101 as part of Southern 

Santa Clara County Wildlife Corridor Protection and 

Scenic Enhancement Project ....................................... $250,000 

2406 TX Construct US Business 287 through the Trinity Uptown 

Project from 7th St. NE to 11th St. NE in Fort Worth $7,000,000 

2407 KS Construct K-10 and Lone Elm Road interchange, 

Lenexa ......................................................................... $5,000,000 

2408 OH Construct connector road between SR 79 and 

Thornwood Drive in Licking County ............................ $5,000,000 

2409 NH Construct Pedestrian, Bicycle bridge in Keene ............... $800,000 

2410 FL Coral Way, SR 972 Highway Beautification, Phase One, 

Miami, Florida ............................................................. $1,000,000 

2411 TN Develop historic preservation transportation enhancement project, Sumner Co. and surrounding counties $135,000 

2412 NY Develop terminal facilities for water taxi projects in 

New York City .............................................................. $3,000,000 

2413 WI Expand USH 151 between Dickeyville and Belmont ....... $2,000,000 

2414 NY Improve bicycle and pedestrian safety, NY25, 

Jamesport .................................................................... $300,000 

179 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2415 PA PA Route 183 widening and ramp enhancement, Bern 

Township ..................................................................... $1,600,000 

2416 IN Reconstruct Hoosier Heartland Highway, Wabash, Huntington and Miami County Indiana segments ............ $750,000 

2417 GA Replace sidewalks, upgrade lighting, and install landscaping, Soperton ....................................................... $500,000 

2418 LA Lafayette, LA Implementation of Intelligent Transportation System .............................................................. $11,000,000 

2419 NY Conduct improvements to I87—Exit 18 Interchange ..... $2,500,000 

2420 IL To construct an extension of US-51 from .9 miles 

south of Moweaqua to 4.6 miles south of Moweaqua $2,000,000 

2421 IL Upgrade roads, The Village of Hillside ........................... $1,000,000 

2422 MS Upgrade safety devices at Front Street rail crossing, 

Ellisville ....................................................................... $50,000 

2423 CO US 287—Ports-to-Plains Corridor in Colorado ............... $3,000,000 

2424 OH Deconstruct the Bellaire Highway Bridge which connects Bellaire, Ohio and Benwood, WV ...................... $1,700,000 

2425 VA Construct I-95 Interchange at Temple Ave, Colonial 

Heights ........................................................................ $5,000,000 

2426 KS Route designation, environmental clearance, final design and right-of-way acquisition for Crawford 

County, KS corridor of U.S. Highway 69 ..................... $4,000,000 

2427 CA US-395 Realignment and Widening Project .................... $500,000 

2428 IL To connect about a two-mile segment through Collinsville at two or three lanes .......................................... $1,500,000 

2429 IL Construct Parking Facility and pedestrian walkways at 

94th and S. Oak Park Ave, Oak Lawn ........................ $200,000 

2430 UT I-15 Freeway Reconstruction—Springville 200 South 

Interchange ................................................................. $4,500,000 

2431 MA Washington St. from High St. to Water St., Walpole ...... $2,000,000 

2432 VA White’s Mill Trail and Renovation—design and construction of recreational trail and preservation of 

watermill for use as visitors center ........................... $500,000 

2433 CA Implement San Francisco Street Improvements Program $8,000,000 

2434 MA Design, engineering and construction of Methuen Rotary alternative at I-93 and Routes 110 and 113, 

Methuen ....................................................................... $1,000,000 

2435 IL Improve Mill Street, Rock Island ..................................... $500,000 

2436 PA For the Nanticoke City Redevelopment Authority to design, acquire land, and construct a parking garage, 

streetscapping enhancements, paving, lighting & 

safety improvements, & roadway redesign in Nanti .. $7,000,000 

180 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2437 MI Widen and reconstruct Walton Boulevard Bridge in Auburn Hills between Opdyke and Squirrel Road .......... $5,000,000 

2438 OR Widen Delaura Beach Lane and add a bike lane both 

directions, Warrenton .................................................. $150,000 

2439 MA Design and construct the 31

⁄2 mile long Grand Trunk 

Trail bikeway from Sturbridge to Southbridge ........... $700,000 

2440 TN Develop trails, bike paths and recreational facilities on 

the Crest of Black Mountain, Cumberland County for 

Cumberland Trail State Park ...................................... $250,000 

2441 NY Study and Improve Traffic Flow Improvement at Atlantic Yard/ NETS Arena Development ............................ $3,000,000 

2442 MD Upgrade and widen MD237 from Pegg Road to MD235 $10,000,000 

2443 PA Main Street improvements from Broad Street to Richardson Avenue and Main Street to Madison Avenue, 

Borough of Lansdale ................................................... $700,000 

2444 CA Widen Highway 101 in Marin and Sonoma Counties 

from Hwy 37 in Novato to Old Redwood Highway in 

Petaluma ..................................................................... $15,000,000 

2445 NY Road and pedestrian safety improvements Main Street, 

Village of Patchogue ................................................... $1,400,000 

2446 UT Widen Highway 92 from Lehi to Highland ...................... $5,000,000 

2447 AZ Widen I-10 to 3 lanes in each direction north of Tucson from Marana Interchange to Cortato Interchange $1,700,000 

2448 CA Widen I-238 between I-580 & I-880 in Alameda County $1,000,000 

2449 VA Widen I-66 westbound inside the Capital Beltway from 

the Rosslyn Tunnel to the Dulles Connector Road ..... $7,000,000 

2450 NC Construction of I-74 between I-40 and US 220, High 

Point, North Carolina .................................................. $5,000,000 

2451 MD Widen I-695, Baltimore Beltway, Southwest ................... $3,000,000 

2452 GA Replace sidewalks, upgrade lighting in downtown 

Vidalia ......................................................................... $500,000 

2453 MN Construct bicycle and pedestrian trails in Cuyuna 

Recreation Area ........................................................... $700,000 

2454 HI Construct Kapaa Bypass ................................................. $3,000,000 

2455 FL Temple Terrace Highway Modification ............................. $3,000,000 

2456 TN Widen Interstate 240 from Poplar Avenue (SR-57) to 

near Walnut Grove Road (SR-23) East of Memphis, 

Shelby County .............................................................. $1,000,000 

2457 IL For the Village of Woodridge to resurface Internationale 

Parkway ....................................................................... $100,000 

2458 OR I-5 Trade Corridor, Portland, Oregon to Vancouver, 

Washington segment ................................................... $5,700,000 

181 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2459 GA Streetscape, Pedestrian Improvements in City Center, 

City of Clarkston ......................................................... $5,000,000 

2460 KY Widen KY 1991 from Maysville Road to Midland Trail 

Industrial Park, Montgomery County ........................... $1,250,000 

2461 NC Construct new Route from Beach Drive (SR 1104) to 

NC 211 in Brunswick County ...................................... $4,000,000 

2462 NJ International Trade and Logistics Center Roadway Improvements at Exit 12 of the New Jersey Turnpike, 

Carteret ....................................................................... $1,000,000 

2463 IL Interstate 41 and Route 176 Interchange replacement $500,000 

2464 MA Northern Avenue Bridge rehabilitation, Boston .............. $3,000,000 

2465 AK Planning, design, and construction of Knik Arm Bridge $3,000,000 

2466 IN North Calumet Avenue Improvements, Valparaiso ......... $1,200,000 

2467 OR I-205-Highway 213 interchange improvements .............. $1,000,000 

2468 TN Improving Vehicle Efficiencies at highway At-Grade 

Railroad Crossing in Loudon, TN ................................ $57,000 

2469 AZ Construct I 10 Collector Distributor Roadway from 40th 

Street to Baseline, Maricopa County, Arizona ............ $4,000,000 

2470 LA Improvements to LA 42 in Ascension Parish; and LA 73 

improvements in Ascension Parish ............................ $10,000,000 

2471 MN Construct Paul Bunyan trail from Mississippi River 

Bridge Trail to Crow Wing State Park ........................ $775,000 

2472 MN Construct Mesabi Trail from Grand Rapids to City of 

Ely ................................................................................ $2,700,000 

2473 GA Install sidewalks on Highway 23 from Dykes Street to 

Sarah Street, Cochran ................................................. $300,000 

2474 AK Kodiak, AK Construction of AMHW ferry terminal and 

approach ..................................................................... $7,500,000 

2475 OK Reconstruction of SH66 from Craig and Rogers Counties to SH66 and US60 intersection ........................... $1,000,000 

2476 CA Enhance pedestrian environment and increase safety 

along Olympic Blvd between Vermont and Western 

Avenues, Los Angeles .................................................. $2,000,000 

2477 NY Enhancement of the Michigan Avenue Corridor, Buffalo $2,000,000 

2478 NJ Kapkowski Road Area Improvements in Elizabeth .......... $4,500,000 

2479 CA Construct landscape medians along Skyline Drive from 

Sears Avenue to 58th Street, San Diego .................... $1,000,000 

2480 NY Jamaica Air Train Station Area Infrastructure Improvements .......................................................................... $5,000,000 

2481 MO Construct Highway 465 to Highway 376 south from 

HWY 76 to HWY 376 ................................................... $6,000,000 

2482 WA New Country Road on Whidbey Island ............................ $1,200,000 

182 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2483 NM Chaco Wash Bridge and Road Improvements on Navajo 

Route 46 ...................................................................... $2,000,000 

2484 CA Reconstruct Interstate 880-Route 92 interchange in 

Hayward ....................................................................... $1,750,000 

2485 MA Relocate Rt. 79 in Fall River to create 4-lane urban 

boulevard with landscaped median and developable 

waterfront .................................................................... $5,000,000 

2486 IL Road extension for Highway 22 in Macon County, IL ..... $668,000 

2487 NY Portageville Bridge—purchase existing bridge to convert to pedestrian bridge ............................................ $1,500,000 

2488 PA Rt. 422 complete preliminary engineering and four lane 

expansion from Ebensburg to Kittanning ................... $3,000,000 

2489 CA Upgrade essential road arterials, connectors, bridges 

and other road infrastructure improvements in the 

Town of Desert Hot Springs, CA ................................. $2,000,000 

2490 KY Construct the Heartland Parkway in Adair County ......... $1,200,000 

2491 NV Horse-US-95 Interchange Project .................................... $6,000,000 

2492 CT Make Improvements to Plainfield Moosup Pond Road ... $300,000 

2493 FL Construction design ROW US 27 from SR 540 to SR 

544 & from I-4 to US 192 in Polk County, FL ........... $10,000,000 

2494 IA Construction of approaches and viaduct on Edgewood 

Rd SW over the UP Railroad, Prairie Creek, and the 

CRANDIC railroad ........................................................ $1,600,000 

2495 NJ Construct Hackensack River Walkway in Bergen County $2,000,000 

2496 TX Hwy 80/123 Overpass at Hwy 181 in Karnes County ..... $300,000 

2497 NM Improvements to U.S. Highway 87 from Clayton, NM to 

Raton, NM ................................................................... $2,000,000 

2498 VA Route 11 Interchange improvements in Lexington, Virginia ............................................................................ $1,000,000 

2499 CA Improvements to Ben Maddox Way Bridge ..................... $2,000,000 

2500 WA SR 18 Widening, Maple Valley to I-90 ............................ $7,500,000 

2501 NY City of Beacon construction of pedestrian & Bicycle 

trail .............................................................................. $315,000 

2502 TX FM 544, widen 2-lane roadway to 6-lane roadway from 

SH 121 to Dozier-Parker Road .................................... $2,000,000 

2503 TX Construct an alternate truck route to Interstate 35 in 

Buda ............................................................................ $500,000 

2504 NY Improvements on the Cross Island Bridge Overpass/ 

212th Street and vicinity, Queens .............................. $4,220,000 

2505 MI Novi, Reconstruct Grand River between Novi and 

Haggerty ...................................................................... $1,000,000 

183 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2506 SD Resurface US Hwy 18 from Lake Andes to US Hwy 50 

on Yankton Sioux Reservation .................................... $1,200,000 

2507 PR To revitalize Old San Juan Historic District streets ........ $3,000,000 

2508 WY U.S. 85 Passing Lanes .................................................... $2,000,000 

2509 MA Construct Blackstone River Bikeway and Worcester 

Bikeway Pavilion between Providence, RI and 

Worcester ..................................................................... $2,000,000 

2510 NY Little Falls Access: Repair and reconstruct High School 

and Lower School Road .............................................. $240,000 

2511 FL Replace Columbus Drive Bridge ...................................... $4,000,000 

2512 AS Village road improvements for Sua and Vaifanua counties in the Eastern district ......................................... $2,600,000 

2513 MI Construction of two railroad-highway grade separations 

on Farm Lane north of Mount Hope Road .................. $2,300,000 

2514 CA Widen Atlantic Bl bridge over the Los Angeles River in 

Vernon ......................................................................... $1,000,000 

2515 CA Widen Bundy Drive between Wilshire and Santa Monica 

Boulevards in the City of Los Angeles ....................... $4,250,000 

2516 AL To provide four lanes on US-80, Perry County, Marengo 

County, and Sumter County ........................................ $14,000,000 

2517 CA Widen Maine Avenue in Baldwin Park ............................ $375,000 

2518 NM Ease traffic congestion and improve intersection safety 

by identifying alternative alignment to US 84/285 

and NM 68 through Espanola. ................................... $2,000,000 

2519 MS Widen MS Hwy 19 between Philadelphia and Collinsville, MS ...................................................................... $10,000,000 

2520 NY Construct the Fire Island ferry terminal facility, 

Patchogue .................................................................... $2,000,000 

2521 IL IL 8 from East Peoria to Washington, IL ........................ $952,570 

2522 NJ Preliminary engineering for missing connections of NJ 

23 and I-80 ................................................................. $1,500,000 

2523 ME Penobscot Riverfront Development for bicycle trails, 

amenities, and traffic circulation improvements, 

Bangor and Brewer ..................................................... $2,000,000 

2524 IL Restoration and reconstruction of the central business 

district street. Cambridge, IL ..................................... $1,200,000 

2525 NC Widen NC 150 from Cherryville to Lincolnton ................. $1,000,000 

2526 NY Second phase of the Grand Concourse improvements 

from East 166th St. to East 171st St ........................ $10,000,000 

2527 VT U.S. Route 7 and U.S. Route 4 road improvements for 

the City of Rutland ..................................................... $3,560,000 

2528 IL Improve 63rd Street, Chicago ......................................... $2,000,000 

184 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2529 MI Alcona County, Reconstruction of Ritchie Road from 

Village of Lincoln to Hubbard Lake road ................... $813,000 

2530 SC Construct roadway btwn I-26 and US 1 in Lexington 

County. Intermodal connector from US 1 to I-26 and 

I-77. SC 302 and SC 602 improvements ................... $2,000,000 

2531 OR Agness Road, Curry County ............................................. $1,000,000 

2532 NY Rehabilitation of Sharon Drive in the Town of Poughkeepsie ........................................................................ $325,000 

2533 TX Conduct study of I-10 and U.S. 190 with a focus on 

congestion relief and the need for a military & 

emergency relief transportation corridor .................... $200,000 

2534 MD MD 85 at I270 ................................................................. $6,000,000 

2535 GA SR 36 passing lanes north of Jackson to Newton County line, Butts County, Georgia .................................... $3,050,000 

2536 VA I-66 and Route 29 Gainesville Interchange Project ....... $9,000,000 

2537 NY Construct and extend existing pedestrian streetscape 

areas in Lynbrook ........................................................ $1,000,000 

2538 CA Construct traffic intersection island improvements on 

North side of Olympic Blvd where Irolo St. and 

Normandie Ave. split in Koreatown, Los Angeles ....... $200,000 

2539 WA Improvements in the SR9 corridor in Snohomish County $1,500,000 

2540 PA Replace a highway railcrossing in Osborne Borough, PA $2,150,000 

2541 AL Pedestrian Improvements for Centerpoint, AL ................ $100,000 

2542 CA Replace twin 2 lane bridge with single 4 lane bridge 

on SR 138 over Big Rock Wash ................................. $500,000 

2543 CA State Route 86S and Ave 50 highway safety grade 

separation ................................................................... $1,000,000 

2544 TX Construct Fredericksburg Road-Medical Drive grade 

separation in San Antonio .......................................... $3,800,000 

2545 PA For design, engineering, ROW acquisition, & construction of a connector road between the Valmont Industrial Park & Pennsylvania Rt. 924 at Cranberry 

Creek ........................................................................... $500,000 

2546 AR Interstates 30/440/530 Interchanges—for interchange 

improvements, Little Rock .......................................... $1,500,000 

2547 NJ Rehabilitation of Benigno Boulevard from I-295 to 

Route 168 in Bellmawr ............................................... $400,000 

2548 PA Preconstruction studies for improvement to US 22 ....... $1,000,000 

2549 IL Establish transportation museum on Navy Pier, Chicago ............................................................................. $540,000 

2550 WA Continuing construction of I 90, Spokane to Idaho 

State Line .................................................................... $3,300,000 

185 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2551 VA Improve transportation infrastructure for visitors to 

Jamestown 2007 ......................................................... $531,900 

2552 AR Highway 67: Kiehl Avenue—Vandenberg Boulevard: rehabilitating and widening Highway 67 from four to 

six lanes from Kiehl Ave. to Vandenberg Blvd ........... $2,000,000 

2553 NY Install Improvements for Pedestrian Safety in the vicinity of PS 81 ................................................................. $250,000 

2554 GA Memorial Drive Corridor ................................................... $2,000,000 

2555 VA Route 11 improvements in Maurertown, Virginia ........... $1,000,000 

2556 PA Street improvements, Whitemarsh Township .................. $1,500,000 

2557 VT Construction of the Lamoille Valley Rail Trail for the 

Vermont Association of Snow Travelers ..................... $7,268,486 

2558 CO I-76: Colorados Northeast Gateway ................................. $3,000,000 

2559 VA Construct Maersk Terminal interchange in Portsmouth $2,000,000 

2560 GA I-75 Welcome Project ....................................................... $250,000 

2561 PA Improve handicapped accessibility and provide pedestrian overpass in Villanova ......................................... $3,000,000 

2562 NY Install Two Permanent Variable Message Signs (VMS) 

on Belt Parkway .......................................................... $500,000 

2563 MI Re-surfacing Sebewaing Road in Huron County ............. $416,000 

2564 IN Complete construction of paths at Hamilton County 

Riverwalk, Noblesville, Indiana ................................... $375,000 

2565 NY Study and Implement Safety Enhancement to Avenue U 

from Mill Avenue to East 38th Street and Flatbush 

Avenue from Avenue T to Avenue V ........................... $500,000 

2566 PA Upgrade circuit for gates and lights at Sixth Street in 

Emmaus, PA USDOT crossing number 592402P to 

constant warning time devices .................................. $275,000 

2567 TN Plan and construct a bicycle and pedestrian trail, 

Eagleville ..................................................................... $200,000 

2568 NY Improvements for pedestrian and vehicular access to 

Baychester Avenue and Bartow Avenue ..................... $600,000 

2569 GA SR 400 reconstruction from I-285 to McFarland Road, 

Fulton and Forsyth Counties ....................................... $1,000,000 

2570 MI Construct pedestrian and bicycle pathway at Chippewa 

Landing River Park in the Village of Caro ................. $80,000 

2571 GA Upgrade sidewalks, replace street lights, and landscaping, Metter ........................................................... $500,000 

2572 AR Highway 412: Baxter Co. to Ash Flat .............................. $2,000,000 

2573 NY Town of North Salem improvements and repaving to 

Hawley Road ................................................................ $200,000 

186 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2574 IA US 20 Mississippi River Bridge and approaches, Dubuque Co, IA ............................................................... $25,000,000 

2575 NY Construct access road and exit lanes for Center for 

Advanced Medicine: North Shore LIJ Health System .. $1,500,000 

2576 NY Improve key intersections and highway segments along 

Rt. 32 between Route 17-6-NYS Thruway interchange in Harriman and Highland Mills .................... $750,000 

2577 CA Widen I-5 to 10 Lanes and Improve Corridor Arterials, 

SR 91 to I-710 ............................................................ $5,200,000 

2578 IL For the construction of the Grand Avenue Underpass, 

Village of Franklin Park .............................................. $1,160,000 

2579 NY Rehabilitation of North and South Ridge Street and 

Wappanocca Avenue in the Village of Rye Brook and 

City of Rye ................................................................... $2,160,000 

2580 NY NYSDOT Route 55 construction over Fishkill Creek and 

left turn lane construction .......................................... $1,400,000 

2581 AL Alabama Hwy 36 Extension and Widening-Phase II ....... $1,000,000 

2582 OH Construct Eagle Avenue Viaduct-Demolition bridge, realignment of roadway to replace bridge and reconstruction of two other bridges, Cleveland .................. $500,000 

2583 NV Construct US 93 Corridor—Boulder City ........................ $10,000,000 

2584 NY Reconstruction of NYS 5, 8, 12. Viaduct and Rt 5A and 

5S: City of Utica ......................................................... $1,000,000 

2585 CT Street and streetscape improvements along Campbell 

Ave., West Haven ........................................................ $1,500,000 

2586 MA Reconstruct North Washington Street Bridge to connect 

Boston and Charlestown ............................................. $6,000,000 

2587 MS Upgrade roads in Fayette (U.S. Hwy 61 and 33), Jefferson County .................................................................. $400,000 

2588 MN Heritage Center at the Grand Portage National Monument ............................................................................ $1,400,000 

2589 NY Redesign and reconstruction of the Putnam Rail-Trail, 

Bronx ........................................................................... $650,000 

2590 OR Highway 34/Corvallis Bypass Intersection ...................... $2,100,000 

2591 CA Install traffic signal on Balboa Blvd. at Knollwood 

Shopping Center .......................................................... $120,000 

2592 MA Chelsea Street Bridge Reconstruction ............................ $8,000,000 

2593 AL Pedestrian Improvements for Northport, AL .................... $100,000 

2594 NV Construct widening of US-50A from Fernley to 

Leeteville Junction ....................................................... $5,000,000 

2595 WA Rebuild & widen Cemetery Road bridge over US Bureau 

of Reclamation canal near Othello, WA ..................... $200,000 

187 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2596 FL Roadway construction of SW 62–SW 24 Avenue in 

Gainesville ................................................................... $2,000,000 

2597 WA SR 2/Kelsey Street Intersection Improvements in Monroe $1,040,000 

2598 NY Town of Southeast construction and repaving of town 

roads ........................................................................... $300,000 

2599 MI Reconstruct Third Ave. from Saginaw St. to Flint River, 

City of Flint ................................................................. $3,000,000 

2600 PA Upgrade circuit for gates and lights at 31st Street in 

Allentown, PA USDOT crossing number 592410G to 

constant warning time devices .................................. $275,000 

2601 NV Construct US 95 Widening from Rainbow Blvd to Kyle 

Canyon ......................................................................... $4,750,000 

2602 IN Improve campus streets to increase pedestrian safety 

and ease vehicular congestion in the City of Anderson, Indiana ................................................................ $2,000,000 

2603 PA Schaefferstown Bypass, PA Route 501, Lebanon ........... $1,000,000 

2604 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Dupont Borough, Luzerne County ................................ $200,000 

2605 GA Intersection improvement at Lake Dow Road and SR 81 

Harris Dr at SR 42 ...................................................... $600,000 

2606 CA Replace South Access to the Golden Gate Bridge— 

Doyle Drive .................................................................. $6,000,000 

2607 IL Resurface Yellow Banks Road, Franklin County ............. $400,000 

2608 AL Widen CR-52 from Helena to US-31 ............................... $15,000,000 

2609 IL Intersection Reconstruction at US 12-IL31-Tryon Grove 

Road ............................................................................ $900,000 

2610 NY Streetscape of Herald and Greeley Squares in New York 

City .............................................................................. $500,000 

2611 NJ Construct Cape May and Supawna Meadows National 

Wildlife Refuges Roadway and Parking Improvements .......................................................................... $750,000 

2612 TX Del Rio-Laughlin Air Force Base Relief Route ................ $4,000,000 

2613 NC Study feasibility of widening US 221-NC 226 from 

Woodlawn to Spruce Pine, start planning and design, and make upgrades to improve safety ............. $3,000,000 

2614 NY Transportation improvements to the Far Rockaway 

Business District, Queens, New York ......................... $2,400,000 

2615 VI Upgrade West-East Corridor through Charlotte Amalie, 

St. Thomas .................................................................. $8,000,000 

2616 NH Hampton Bridge Rehabilitation-Hampton, NH ................ $1,500,000 

188 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2617 CA Gale Avenue widening between Fullerton Road and 

Nogales Street, and Nogales Street widening at Gale 

Avenue ......................................................................... $100,000 

2618 CA Grade Separation at Cesar Chavez Parkway and Harbor 

Drive, San Diego ......................................................... $500,000 

2619 MO Improve access to I-55 at River Des Peres .................... $10,000,000 

2620 PA PA Route 61 enhancements, Schuylkill Haven ............... $10,000,000 

2621 MO Kansas City SmartPort ITS for highways ........................ $5,000,000 

2622 PA City of Philadelphia in conjunction with American Cities Foundation for neighborhood transportation enhancement and pedestrian safety projects ................ $4,000,000 

2623 DE Reconstructing I-95/SR-1 interchange, adding a fifth 

lane, and replacing toll plaza on Delaware’s portion 

of I-95 corridor ............................................................ $5,000,000 

2624 OH Study possible road upgrades in Tuscarawas County 

due to flood issues based on dams in Muskingum 

Watershed District ....................................................... $100,000 

2625 OR Sunrise Corridor, Clackamas County ............................... $2,850,000 

2626 CA Construct Cabot-Camino Capistrano Bridge Project and 

related roadway improvements in Cities of Mission 

Viejo and Laguna Niguel, California .......................... $838,690 

2627 TX Construction of mainlanes and interchanges on SH 121 

from Hillcrest to US 75 ............................................... $14,000,000 

2628 WA Enumclaw, WA Welcome Center ...................................... $1,500,000 

2629 PA Upgrade narrow existing roads, Plank, Otts, Meyers, 

Seitz Roads, along 1 mile corridor to 2 lane road 

with shoulders, improve intersections ........................ $1,000,000 

2630 GA Widen Old Petersburg Road-Old Evans Road from 

Baston Road to Washington Road, Columbia County, 

Georgia ........................................................................ $4,000,000 

2631 CA Widen Peyton Dr. from Grand Ave. to Chino Hills Pky., 

construct Eucalyptus Ave. from Peyton Dr. to Galloping Hills, improve English Channel ....................... $7,036,110 

2632 TX New construction for the SH 349 Reliever Route beginning at the SH 191 intersection in Midland .............. $2,500,000 

2633 PA Widen Route 22 between Export and Delmont ............... $1,450,000 

2634 CA Construction of a traffic signal at the intersection of 

Hamlin St. and Corbin Ave ......................................... $125,000 

2635 NY Design/Environmental work on the Inner Loop from 

Clinton Avenue to East Main Street, Rochester ......... $2,400,000 

2636 MO I-35 Access Modification Planning, City of Kearney ....... $1,500,000 

189 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2637 PR Construction of community bridge at Los Olvidados 

Sector, Quebrada Arenas Community ......................... $425,000 

2638 MN North-South Corridor with Railroad Overpass, City of 

Staples ........................................................................ $1,500,000 

2639 CA Port of Hueneme Intermodal Access Improvement 

Project, including grade separation at Rice Avenue 

and State Route 34; widen Hueneme Road ............... $4,700,000 

2640 CA Reconstruct and deep-lift asphalt on various roads 

throughout the district in Ventura County ................. $4,856,000 

2641 GA Upgrade sidewalks, parking, street lighting, and landscaping, Claxton ......................................................... $500,000 

2642 MS Upgrade roads in Itta Bena (U.S. Hwy 82 and 7) and 

in vicinity of Viking Range Corp. (U.S. Hwy 7 and 

49), Leflore County ...................................................... $1,500,000 

2643 VA Widen Route 262 in Augusta County .............................. $1,000,000 

2644 CA Forest Highway 171 Upper Skyway Improvement ........... $7,250,000 

2645 NV Rehabilitate Lake Mead Parkway .................................... $3,000,000 

2646 IL Construct Bridge Overpass, DuSable Museum-Chicago $1,000,000 

2647 WA Expand size and improve safety Lewis and Clark Discovery Trailhead and Scenic Overlook ........................ $146,000 

2648 PA Construction of access improvement at the I-79 SR 

228 interchange in vicinity of Cranberry Town Center $650,000 

2649 PA Development of bicycle and pedestrian trails and access links along North Delaware Riverfront ............... $10,000,000 

2650 OH Highway—railroad grade separation over the Norfolk 

Southern Rail Line for the Hines Hill Road—Milford 

Connector project in Hudson, Ohio ............................. $300,000 

2651 CA Construct crosswalk bump-outs and related 

streetscape improvements on Temple St between 

Hoover St and Glendale Blvd, Los Angeles ................ $400,000 

2652 NC Improve SR1023 from US70 Business to US301 in 

Smithfield .................................................................... $5,000,000 

2653 MA Improvements to Mass. Ave, Andover Street, Osgood 

Street, Salem Street, and Johnson Street in the Old 

Town Center of North Andover .................................... $1,000,000 

2654 KY Reconstruct US 127 at US 127 South, Mercer County ... $600,000 

2655 CA Construct truck lane from Britannia Blvd. to the Otay 

Mesa Port of Entry, San Diego County ....................... $4,000,000 

2656 PA Beford, Pa—Relocation of Old Route 220 and Sweet 

Road. Complete preliminary engineering, purchase 

right-of-way, construction .......................................... $9,000,000 

190 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2657 GA Design and construction of 2.2 miles of multi-use trail 

in the City of Douglas, Georgia .................................. $200,000 

2658 IL Entry Road to SIU Research Park ................................... $1,600,000 

2659 NY Kingston, Construct pedestrian waterfront walkway ...... $1,600,000 

2660 MN Reconstruct TH 61 north of Split Rock River to Chapins 

Curve, bridges number 8285 and 8286, Lake County $5,280,000 

2661 KS Replacement of US-169 bridge in Kansas City .............. $8,500,000 

2662 PA Route 313 Turning Lanes and Truck Climbing Lanes, 

Bucks County .............................................................. $1,000,000 

2663 CA Purchase of Rosemead Blvd ROW, Temple City ............. $1,000,000 

2664 NY Reconfiguration of Bay Avenue and Polaris Street in 

Newark, NJ ................................................................... $8,000,000 

2665 MI Reconstruct highway under a railroad bridge, Wyoming 

Ave. from Eagle Pass to Michigan Avenue, Wayne 

County ......................................................................... $1,000,000 

2666 OK Construct vehicular bridge over the Burlington Northern 

RR at War Bonnet Crossing, Mannford, OK ............... $1,000,000 

2667 UT Construction and Rehabilitation of 13th East in Sandy 

City .............................................................................. $6,300,000 

2668 VA Construct 3.6 miles of Interstate 73 near Martinsville .. $2,000,000 

2669 WA Maple Valley SR 169 and SR 516 improvements ........... $1,000,000 

2670 FL Construct access road to entrances to Opa-Locka Airport at Opa-Locka Airport at N.W. 135th Street and 

N.W. 47th Avenue, including improvements to N.W. 

47th Avenue with median strip, City of Opa-Locka ... $2,000,000 

2671 UT Expand Redhills Parkway from 2 to 5 lanes and improve alignment within rights-of-way in St. George $6,000,000 

2672 OH Bethlehem Township, Ohio. Riverland Avenue Bridge 

Replacement ................................................................ $1,300,000 

2673 MD MD295, BWI Access Improvements ................................. $4,740,000 

2674 OR Connect Boeckman Road to Tooze Road, Wilsonville ..... $1,000,000 

2675 LA Construct I-20 interchanges at US 167 and Tarbutton 

Rd. Construct East West frontage roads along I-20 $5,000,000 

2676 TX FM 937 from SH164 to FM 3371, Limestone Co ............ $2,000,000 

2677 MO Construct additional exit ramp access lane from I-44 

to Kingshighway and enhance Shaw Ave. corridor .... $4,820,000 

2678 IN Construction of I-64 Interchange, Harrison County, Indiana ........................................................................... $5,310,000 

2679 OH Bridge Replacement at SR 84 and I-90 on Bishop 

Road in Willougby Hills, OH ........................................ $500,000 

2680 TN Continue Shelby Avenue—Demonbreun Street project in 

Nashville. ..................................................................... $6,500,000 

191 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2681 WI Construct a bicycle/pedestrian path from Waunakee to 

Westport ...................................................................... $2,000,000 

2682 CT Construct bike and pedestrian paths along Salem 

Greenway—Salem, CT ................................................ $100,000 

2683 TX Construct I-635/35E Interchange in Dallas, TX .............. $5,500,000 

2684 CA Hwy 199 Narrow Enhancement to reduce active slides 

that cause significant road closures on primary connecting route from US 101 to I-5 .............................. $2,000,000 

2685 MD Construction of New Interchange at MD5, MD373, and 

Brandywine Road ........................................................ $10,000,000 

2686 GA I-20 West from SR 5 Bill Arp to SR 6—HOV Lanes ...... $7,250,000 

2687 PA Install and construct signals, calming devices and 

signs in Mechanicsburg and surrounding municipalities ........................................................................ $450,000 

2688 FL 44th St. Extension to Golfair Blvd, Jacksonville ............. $1,500,000 

2689 NJ Passaic River-Newark Bay Restoration and Pollution 

Abatement Project, Route 21, River Road, CR 510 ... $1,000,000 

2690 CA San Gabriel Blvd and Mission Road Intersection Improvements, San Gabriel ............................................. $200,000 

2691 NY Rehabilitate 125th Street Corridor from Old Broadway 

to Marginal Street/Waterfront ..................................... $2,000,000 

2692 MI Repair M-10 corridor from I-696 to downtown Detroit .. $1,000,000 

2693 FL Capital Circle Northwest, Tallahassee ............................ $10,000,000 

2694 TN Installation of Intelligent Transportation System on various major routes in Memphis .................................... $2,000,000 

2695 MI Planning and Engineering for The American Road, The 

Henry Ford Museum, Dearborn .................................... $1,500,000 

2696 TX Reconstruct Ella/Wheatley from Little York to West Gulf 

Bank ............................................................................ $1,250,000 

2697 NY Implement Improvements for Pedestrian Safety in Richmond County ............................................................... $1,000,000 

2698 FL Palm Bay Parkway from Emerson Drive to US 192, 

Palm Bay, FL ............................................................... $1,000,000 

2699 CA Construct the Los Angeles River bicycle and pedestrian 

path in the San Fernando Valley ................................ $575,000 

2700 TX Construct Santa Fe Trail DART LR overpass from Hill 

St. to Commerce St. along abandoned Santa Fe Rail 

right-of-way in Dallas ................................................. $1,400,000 

2701 CA Construct Route 101 bicycle/pedestrian overpass at 

Millbrae Ave for the San Francisco Bay Trail ............ $1,000,000 

2702 GU Guam Mass Transit Authority Acquisition of transit vehicles for disabled persons ........................................ $400,000 

192 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2703 LA New Iberia Rail Grade Separation ................................... $2,000,000 

2704 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Ashley Borough, Luzerne County ................................. $200,000 

2705 MN Reconstruct Grand Avenue (from Central Ave to 59 Ave 

W), Central Ave (from Grand Ave to I-35) and Bristol 

Street (from Central Ave to Grand Ave), Duluth ........ $750,000 

2706 TN Plan and construct a bicycle and pedestrian trail, Cannon County .................................................................. $100,000 

2707 TX Develop, deploy and integrate municipal ITS in San Antonio ............................................................................ $3,200,000 

2708 TN Jefferson, Hamblen Counties, Tennessee SR-66 relocation .............................................................................. $2,000,000 

2709 MD Rehabilitate Pennington Avenue Drawbridge in Baltimore ............................................................................ $1,500,000 

2710 PA Construction of I-79 to Mon-Fayette Section of Southern Beltway, Pittsburgh, Pennsylvania ....................... $1,000,000 

2711 FL Springfield Rd. Improvements, Jacksonville ................... $1,500,000 

2712 LA Elimination of highway-rail grade crossings along Louisiana and Delta railroad ........................................... $1,000,000 

2713 CA Conduct necessary planning and engineering and implement comprehensive Corridor Management Plan 

for Arroyo Seco Historic Parkway, Los Angeles .......... $1,400,000 

2714 FL Plant City Traffic Management System .......................... $2,000,000 

2715 GA SR 347 widen-new construction from I-985 to SR 211, 

Hall County, Georgia ................................................... $10,000,000 

2716 WA SR28 and SR285 Sellar Bridge Improvements: ramp & 

roadway network improvements at the west end and 

a new lane on the Sellar Bridge ................................ $5,000,000 

2717 NY Stabilize Poughkeepsie Railroad Bridge and construct a 

pedestrian walkway linking the two sides of the 

Hudson River, Poughkeepsie ....................................... $1,092,500 

2718 WA International Mobility and Trade Corridor Project for 

Whatcom County ......................................................... $1,100,000 

2719 CA State Route 76 Road Widening, Melrose Drive to Interstate 15 ....................................................................... $5,000,000 

2720 NJ Streetscape Improvements to Clements Bridge Road 

from Newton Avenue to New Jersey Turnpike, Barrington ......................................................................... $500,000 

2721 FL Construct Eastern Connector from SR 417 to I-95, 

Volusia & Seminole Counties Florida ......................... $1,000,000 

193 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2722 GA Construction of the McIntosh Path on SR 99, 7.15 

miles between Darien, Georgia and the Sapelo Island Visitor Center ...................................................... $200,000 

2723 AL Construction of Sulphur Springs Road Bypass in City of 

Hoover, Alabama ......................................................... $5,000,000 

2724 AZ Pliocene Cliffs reconstruction between Wikieup and the 

Santa Maria River ....................................................... $1,000,000 

2725 MN Construct roadway improvements to CSAH 76, Little 

Falls ............................................................................. $1,064,000 

2726 IN Study alternatives along 2 miles of railroad to eliminate in-town highway-rail crossings to improve 

safety and reduce congestion in Delaware County .... $150,000 

2727 NV Design and construct separation of rail-highway crossings in downtown Reno .............................................. $1,000,000 

2728 NJ Maple Shade Township Streetscape Improvements of 

Mill Road, Rudderow Ave., North & South Coles Ave. 

and Schoolhouse Lane ................................................ $1,000,000 

2729 WA Conduct study for I-5 and SR 503 interchange ............. $300,000 

2730 WA Construct Webber Canyon Road realignment at I-82 

Kiona-Benton interchange ........................................... $3,500,000 

2731 TX Downtown Streetscape Improvements in Beaumont, 

Texas ........................................................................... $640,000 

2732 NY Improve Traffic Flow on Lefferts Boulevard by Rehabilitating Facilities Surrounding LIRR/Kew Gardens 

Eastbound Station ....................................................... $500,000 

2733 NM Perform highway beautification to the recently reconstructed Interstate 40 Interstate 25 Interchange ...... $800,000 

2734 TX Reconstruct interchange at IH 10 and FM 364, Chambers County, Texas ...................................................... $1,000,000 

2735 CA SR 52 East Improvements (San Diego) .......................... $6,000,000 

2736 OR Study to evaluate alternatives in support of an eventual Astoria bypass, Astoria ....................................... $250,000 

2737 GA Commission a study and report regarding the construction and designation of a new Interstate linking Savannah, Augusta, & Knoxville .......................... $400,000 

2738 VT Construction of the St. Albans, Vermont intermodal 

connector roadway with I-89 for the City of St. Albans ............................................................................ $1,200,000 

2739 OR I-5–Highway 214 interchange improvements, Woodburn $1,000,000 

2740 OR Construction of transportation facilities at the Tualatin 

River Wildlife Refuge .................................................. $800,000 

2741 WY I-80 Rock Springs Marginal ............................................ $1,900,000 

194 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2742 PA Improvements to Route 11 and access to I-81 .............. $1,000,000 

2743 IL Improve safety of a horizontal curve on Clarksville St. 

.25 mile north of 275th Road in Grandview Township, Edgar County, Illinois ........................................ $88,000 

2744 UT Provo Reservoir Canal Trail, Utah ................................... $1,000,000 

2745 MO South County Riverfront Access and Trails Project, 

Lemay .......................................................................... $4,000,000 

2746 AK Road improvements in the City of Fairbanks ................. $5,000,000 

2747 MD Construct Ferry Terminal, Somerset County, Maryland ... $1,000,000 

2748 MS Plan and Construct two lanes to SR-6 from SR 342 to 

Alabama state line ..................................................... $4,000,000 

2749 CA Construct bypass along Hwy 101 around Willits, CA to 

reduce congestion, improve air quality and enhance 

economic lifeline of No. Coast .................................... $5,000,000 

2750 CA Engineering support to I-5 Joint Powers Authority to 

widen I-5 freeway and improve corridor arterials 

from I-710 to Orange County line .............................. $150,000 

2751 LA Kerner Bridge, Bayou Barataria ...................................... $2,100,000 

2752 WA Renton, WA SR 167 HOV, Strander Boulevard Connection .............................................................................. $1,000,000 

2753 NJ Sussex County, NJ Vernon Township, Mountain Creek 

Rt. 94 Traffic Calming, Ped. Safety and Traffic Congestion, Circulation Improvement ............................... $3,000,000 

2754 PA Linglestown Square, roadway and intersection improvements, Lower Paxton Township .................................. $2,800,000 

2755 MD Rehabilitate road including bridges over CSX tracks in 

Baltimore ..................................................................... $3,000,000 

2756 WA Extend 18th Street between 87th Avenue and NE 

192nd Avenue in Vancouver ....................................... $1,000,000 

2757 TX Implement repairs on Old Pleasanton Road Bridge in 

Atascosa County .......................................................... $403,000 

2758 CA Hazel Avenue Improvements, U.S. Highway 50 to Madison Avenue .................................................................. $3,000,000 

2759 MI Menominee County, County Road 557 Bridge Replacement over the Big Cedar River ................................... $280,000 

2760 OH Massillon, Ohio. Tremont Avenue Bridge Rehabilitation $720,000 

2761 MI Montmorency County, Reconstruction of County Road 

612 from W. County Line to County Road 491 .......... $800,000 

2762 CA Conduct traffic study of proposed realignment of 

Nutwood Ave in Fullerton ............................................ $500,000 

195 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2763 NM Planning, design and construction of bikeways and 

walkway at the City of Santa Fe’s downtown railyard 

redevelopment project ................................................. $2,000,000 

2764 GA Streetscape-Bainbridge ................................................... $250,000 

2765 PA Construct SR 706 Corridor, Susquehanna County, Pennsylvania ....................................................................... $2,000,000 

2766 NY Town of North Salem reconstruction and repaving of 

Keeler Lane .................................................................. $150,000 

2767 FL Conduct planning and engineering for US 17 widening 

and improvements in Hardee County, Florida ............ $3,000,000 

2768 IL Traffic Signalization, Matteson ....................................... $907,500 

2769 MS Upgrade roads in Kilmichael, Montgomery County ......... $400,000 

2770 NC Upgrade US-220 to I-73-74 interstate standards in 

Montgomery County ..................................................... $2,000,000 

2771 WA US-2/Sultan Basin Road Improvements in Sultan ......... $600,000 

2772 TX Add 2 lanes to existing facility from Victoria County 

Line to 1.9 miles west of SH 35 in Port Lavaca ....... $1,000,000 

2773 FL A1A Transportation Enhancements, Daytona Beach ....... $1,000,000 

2774 MI City of Menominee, Resurface Hattie Street Bridge deck 

250 feet from 9th Avenue in Menominee to Riverside 

Avenue in Marinette, WI .............................................. $225,000 

2775 TN Eliminate blockage of two lanes on Gay Street in Knoxville, TN, to accommodate loading dock .................... $2,000,000 

2776 MI Emmet County, ultra thin demonstration project resurfacing of Mitchell Road from the City of Petoskey 

limits east to Division ................................................ $60,000 

2777 NY Gowanus Expressway Project ........................................... $500,000 

2778 PA Design, engineering, ROW acquisition & construction of 

streetscaping enhancements, paving, lighting, safety 

improvements, parking & roadway redesign in 

Moosic Borough, Lackawanna County ........................ $200,000 

2779 AL Expand to 4 lanes on US-278 from I-65 to US-231 ...... $3,000,000 

2780 IL Preconstruction and construction McCarthy Road, Bell 

Road to US-45 and 123rd Street US 45 to 86th Avenue in Palos Park ....................................................... $600,000 

2781 WY Riverton: Reconstruct Hwy 26–Main St .......................... $1,100,000 

2782 MA Somerville Bicycle Path Improvements—Cedar Street to 

Central Street .............................................................. $1,000,000 

2783 MI US-31 improvements and relocation between Holland 

and Grand Haven ........................................................ $9,450,000 

2784 PA Replace Messinger Street Bridge in the Borough of 

Bangor ......................................................................... $1,000,000 

196 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2785 NY Oswego, construct pedestrian waterfront walkway ........ $1,250,000 

2786 KY Reconstruct US 127 from Hustonville Road to the Mercer County Line, Boyle County .................................... $1,500,000 

2787 PA Construction of an intermodal facility in Altoona, PA .... $1,500,000 

2788 CA Design and construct access improvements in North 

Central Business District, Sacramento ...................... $8,000,000 

2789 NC Construction of the southbound lane of US-321 bridge 

replacement over the Catawba River ......................... $6,000,000 

2790 FL Grand Lagoon Bridge Replacement Project. The replacement of a two-lane bridge with a four-lane 

bridge .......................................................................... $6,500,000 

2791 FL Construct SR 9B Extension, St. Johns County, Florida ... $4,400,000 

2792 AL Design and construct a 4-lane highway from Muscle 

Shoals, AL to I-10 ....................................................... $1,000,000 

2793 IN Improve SR 9 Greenfield Corridor, Indiana ..................... $500,000 

2794 NJ Interstate 280 Interchange Improvements, Harrison ...... $9,000,000 

2795 KY Construct I-66 east of Somerset, Kentucky in Pulaski 

County to I-75 at London, Kentucky ........................... $7,000,000 

2796 VA Plan, design, and construct improvements to Virginia 

Beach Blvd in Virginia Beach and Norfolk ................ $500,000 

2797 PA Fayette County, Pennsylvania, State Road 21 Improvements .......................................................................... $2,000,000 

2798 ME Replacement of Waldo-Hancock Bridge .......................... $16,000,000 

2799 CT Reconstruct and widen Homer St and Chase Ave in 

Waterbury from Waterville Ave to Nottingham Terrace $1,500,000 

2800 FL Construct new east-west road from the intersection of 

Beeline Highway and PGA Boulevard west to Seminole Pratt Whitney Road ............................................. $1,000,000 

2801 WI Enhance West Silver Spring Ave with lighting enhancement, crosswalk improvements, signage, landscaping, Milwaukee ..................................................... $400,000 

2802 NY Completion of 1.6 mi trail network in the Utica Marsh, 

NY ................................................................................ $124,000 

2803 TX Construct I-635–I-30 Interchange, Dallas, Texas ........... $12,000,000 

2804 IL Establish transportation museum on Navy Pier, Chicago ............................................................................. $500,000 

2805 CA Establish I-15 Interchange at Nisqualli and Mojave 

River crossing in San Bernardino County .................. $1,500,000 

2806 MA Massachusetts Bay Transportation Authority Secure 

Station, Boston ............................................................ $1,000,000 

2807 FL Construct bridges on SR 710 in Palm Beach County .... $2,000,000 

197 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2808 PA Reconstruct intersection of SR 51 and Franklin Ave, 

Beaver County ............................................................. $2,150,000 

2809 NJ Rehabilitation of existing structure at the Bridge Street 

bridge over the CSX Railroad Trenton Line in Manville, NJ ........................................................................ $500,000 

2810 OR Repair and recoat logging bridge over Highway 99E, 

Canby .......................................................................... $150,000 

2811 CA San Gabriel Blvd Rehabilitation Project—Broadway to 

Las Tunas, San Gabriel .............................................. $200,000 

2812 CA Signal upgrades on Avenida de las Flores, Melinda 

Road, Avenida de las Banderas, and Alma Aldea, 

Rancho Santa Margarita, California ........................... $125,200 

2813 CA Construct State Route 905 to connect the Otay Mesa 

Port of Entry to Interstate 805, San Diego ................ $9,000,000 

2814 MA Crosby Drive Improvement Project .................................. $1,000,000 

2815 WI Construct North Shore Extension of Friendship State 

Trail, Calumet and Winnebago Counties, Wisconsin .. $350,000 

2816 AR Construct and rehabilitate Fayetteville Expressway Economic Development Corridor ....................................... $5,000,000 

2817 PA Armstrong County, Pennsylvania, construction of the 

Freeport Bridge ............................................................ $2,000,000 

2818 IL Road extension for Redco Drive to Skyline Dr, 

Williamson County ....................................................... $1,000,000 

2819 CA Rosecrans Avenue and Bridge Arterial Reconstruction 

Project, Compton ......................................................... $3,000,000 

2820 MA Canalside Rail Trail Construction of the Canalside Rail 

Trail, Deerfield & Montague ........................................ $1,000,000 

2821 CA Conduct study and construct Daggett Road, Port of 

Stockton, CA, Access Project ...................................... $5,000,000 

2822 WI Construct a bicycle/pedestrian path, and two bridges 

across Starkweather Creek, Madison ......................... $2,000,000 

2823 GA Construct City of Fayetteville, GA School Access Bike 

Ped Project .................................................................. $625,000 

2824 TN Sevier County, Tennessee SR 449 extension ................... $500,000 

2825 GA SR 133 southbound lane bridge replacement over the 

Georgia–Florida Railnet line, Dougherty County ......... $1,000,000 

2826 CA Construct grade separation on State Street and Cajon 

Boulevard along BNSF tracks in San Bernardino ...... $2,000,000 

2827 WA Construct SR 9 Pedestrian Overpass in Arlington .......... $800,000 

2828 CA Implement streetscape improvements along Wilbur Avenue to enhance traffic and pedestrian safety ........... $100,000 

2829 MD I-95, I-495, MD-5 Branch Avenue Metro Access ............ $4,000,000 

198 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2830 TN Improving vehicle efficiencies at at-grade highway-railroad crossing in Loudon, TN ....................................... $57,000 

2831 MO I-470, I-435 & Rt 71 Completion of Interstate realignment ............................................................................ $3,000,000 

2832 PA Ridge Avenue revitalization project in conjunction with 

Roxborough Dev. Corp. for scenic enhancements & 

pedestrian safety improvements along a heavily 

traveled thoroughfare .................................................. $1,000,000 

2833 PA Corridor improvements for PA 72 from PA 283 to PA 

Turnpike ....................................................................... $600,000 

2834 AR Construction of I-49, Highway 71: Highway 22 to Highway 71 near Jenny Lind .............................................. $5,000,000 

2835 CA Provide landscape enhancement of an existing open 

culvert on Atherton Street, Long Beach ..................... $500,000 

2836 NY Rehabilitate Guy Lombardo Avenue and construct 

drainage improvements and new sidewalks and curb 

cuts in Freeport, NY .................................................... $1,000,000 

2837 IA I-35 interchange improvements, Ankeny ......................... $4,500,000 

2838 PA Improve Freemansburg Avenue and its intersections at 

Route 33 ...................................................................... $2,000,000 

2839 NJ Pedestrian facilities and street lighting on Route 551 

from Route 130 to Chestnut Street, Brooklawn ......... $400,000 

2840 IL I-57 and I-294 Interchange ............................................ $3,000,000 

2841 FL New Kings Rd. Pedestrian Overpass & Enhancements, 

Jacksonville ................................................................. $1,000,000 

2842 TX Grimes Co., TX Bridge Improvement Project ................... $500,000 

2843 CA Crenshaw Blvd. Rehabilitation, Maricopa St. to Sepulveda Blvd., City of Torrance ....................................... $1,000,000 

2844 VA Engineering and Right of Way for Interstate 73 in Roanoke County ................................................................. $1,500,000 

2845 GA Johnson Ferry Road Glenridge Drive Widening, Abernathy Road to Hammond Drive .................................. $2,000,000 

2846 GA Install walkways, bridges, lighting, landscaping in 

Water Works Park and south along river through 

Ocmulgee Monument and Central City Park .............. $6,020,083 

2847 OH Intersection improvements and related road improvements in the City of Chardon, OH .............................. $612,000 

2848 WV Construct Coalfields Expressway .................................... $7,200,000 

2849 CA Improve pedestrian and biking trails within East Bay 

Regional Park District, Contra Costa County ............. $1,000,000 

2850 MA Berkshire County Bike Paths, Design & Construction .... $5,000,000 

199 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2851 MI Ogemaw County, Overlay of Fairview Road to improve 

network of all-season truck routes ............................ $369,600 

2852 VA Old Mill Road Extension .................................................. $1,000,000 

2853 PA Construct Campbelltown Connector, Lebanon County .... $2,000,000 

2854 NJ Construct Rt 40 Reconstruction from Rt 77 to Elmer 

Lake, Elmer, Salem County ......................................... $3,000,000 

2855 OH Design and construct riverwalk and adjacent facilities, 

Warren, Trumbull Co ................................................... $1,500,000 

2856 CA Realign SR-4 within the City of Oakley .......................... $2,000,000 

2857 IL Construct recreational trail from Spring Creek Forest 

Preserve to Greene Valley Forest Preserve in DuPage 

County, IL .................................................................... $400,000 

2858 MN Construct trail link between Bruce Vento Regional Trail 

and Mississippi River Corridor in St. Paul ................. $1,500,000 

2859 FL Construct Interstate-4/Crosstown Connector .................. $1,000,000 

2860 UT Add lights to road from Halchita to Mexican Hat on 

Navajo Mountain ......................................................... $200,000 

2861 CA Construct off ramp at Interstate 8/Imperial Avenue 

Interchange, El Centro ................................................ $3,000,000 

2862 VA Cranesnest Trail—construction of hiking, biking, horse 

trail from Route 83 to Cranesnest Campground ....... $650,000 

2863 NC Durham and Chatham Counties, NC Completion of 

American Tobacco Trail ............................................... $2,000,000 

2864 TX Austin to Manor Rail Trail, Texas ................................... $2,000,000 

2865 PA Eliminate existing rail line in Indian, PA to eliminate 

37 at-grade crossings and reconstruct the line outside the town from Glenn Lock to Middletown .......... $4,000,000 

2866 MN Extend Cuyuna Range and Great River Road Trails, Aitkin ............................................................................... $400,000 

2867 NY Conduct planning, engineering, and eventual construction of Rte. 5 in City of Oneida, from Seneca St. to 

county line ................................................................... $500,000 

2868 NY Great Neck Road Traffic Calming Project ....................... $400,000 

2869 NJ Design and construct new streetscape through 

Irvington Center .......................................................... $1,000,000 

2870 IL Construct connector road between Collinsville Rd to 

IL3/North 1st St, St. Clair County .............................. $6,000,000 

2871 NJ Carteret, NJ Ferry Service Terminal ................................. $2,100,000 

2872 AL Construct I-10–US-231 Connector from Dothan, AL to 

Florida ......................................................................... $2,000,000 

2873 OH Bicycle paths for the Magic Mile in Willoughby, OH ...... $800,000 

200 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2874 NC Construct Interstate 73-74 in Montgomery County and 

Richmond County, North Carolina .............................. $18,000,000 

2875 NY Construct Phase II I-90 Connector ITS Laboratory in 

Rensselaer County ....................................................... $6,000,000 

2876 NC Design and construct Airport Area Roadway Network .... $2,800,000 

2877 WA Engineering and construction of the Centennial Trail in 

Snohomish ................................................................... $1,000,000 

2878 OR I-5 Beltline Interchange .................................................. $20,000,000 

2879 IL Extension North from Rt. 30 to Wheeler Road and Galena Boulevard extension west of Rt. 47 in Sugar 

Grove, IL ...................................................................... $4,760,000 

2880 NY Newburgh, Improve East End Roads ............................... $1,863,500 

2881 ME Construction of the Kennebec River Rail Trail ............... $400,000 

2882 CA Construct Bristol Street multi-modal corridor in Santa 

Ana .............................................................................. $3,000,000 

2883 CA Construct pedestrian sidewalk enhancements in Bellflower ........................................................................... $500,000 

2884 KS Improvement and expansion for 2.7 miles of K-18 in 

Geary County ............................................................... $14,500,000 

2885 CA I-110/SR 47/Harbor Blvd. Interchange Improvements, 

San Pedro .................................................................... $5,000,000 

2886 MA Oxbow National Wildlife Refuge, Design and construction of a Visitor Contact Station ................................ $2,000,000 

2887 AL Pedestrian Improvements for Pell City, AL ..................... $200,000 

2888 WI Rehabilitate Highway 51 between CTH S and USH 8 in 

Lincoln County ............................................................. $2,000,000 

2889 OH Rehabilitate tunnel and bridge on National Road Bikeway in St. Clairsville ................................................... $700,000 

2890 MD Pennington Ave Drawbridge, Baltimore ........................... $1,000,000 

2891 MA Rehabilitation and paving of Parker River Road ............ $250,000 

2892 MN Reconstruct CSAH 17 between Itasca CR 341 and the 

Scenic State Park entrance to improve safety and 

structural integrity ...................................................... $3,200,000 

2893 OH Grading, paving, roads for the transfer of rail to truck 

for the intermodal facility at Rickenbacker Airport ... $5,000,000 

2894 PA Relocation of PA 52 at Longwood Gardens .................... $1,000,000 

2895 TX Construct Interstate 35 improvements in Buda ............. $1,000,000 

2896 TN Improve streetscape and signage, McMinn County, TN $300,000 

2897 OR Culvert Replacement, Sweet Home ................................. $130,000 

2898 AL AL 5 Widening in Bibb County ........................................ $3,000,000 

2899 CO Design and build a multimodal corridor on US 36 ........ $5,000,000 

201 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2900 WA Development of highway-rail crossings in Spokane 

County, WA and Kootenai County, ID .......................... $1,000,000 

2901 OH Acquire right of way land along US 24, Lucas County .. $1,000,000 

2902 IL Improve Streets, Westchester .......................................... $150,000 

2903 NY Enhance road and transportation facilities in the vicinity of W. 65th St and Broadway, New York City ........ $3,000,000 

2904 TN Construction of Knob Creek Road in Washington County, Tennessee ............................................................... $500,000 

2905 TN Improve streetscape and pavement repair, Loudon 

County, TN ................................................................... $300,000 

2906 CA Improvement of intersection at Inglewood Ave and Marine Ave to reduce congestion .................................... $3,600,000 

2907 HI Interstate Route H1 rehabilitation, Kaahumanu Street 

to Kaimakani Street .................................................... $7,430,000 

2908 ID Construct Interchange on I-84 at Ten Mile Rd, Meridian, Idaho .................................................................... $2,000,000 

2909 NJ Pedestrian facilities and street lighting on Haddon Avenue from Voorhees Township Line to Bate Avenue, 

Berlin Township ........................................................... $347,120 

2910 WA 267th Street NW Pedestrian Path in Stanwood .............. $400,000 

2911 KY Replace US 68 and US 150 Bridge over Chaplin River, 

Perryville ...................................................................... $750,000 

2912 UT Geveva Rd-Provo Center Street, Orem 1600 North to I15 FWY, Provo-widen from 2 to 4 lanes .................... $7,500,000 

2913 IL Construction of a new roadway and grade separation 

of the UP West Line east of Elburn ........................... $7,000,000 

2914 VA Haymarket, VA. Washington Street improvements .......... $500,000 

2915 NJ Improvements to implement the Readington Tewksbury 

Transportation Improvement District .......................... $500,000 

2916 IL Allow IDOT to proceed with engineering and construction of Airport-Lockport Rd and Illinois Route 126 

interchanges on I-55 .................................................. $1,750,000 

2917 AR Caraway Bridge Overpass ............................................... $7,000,000 

2918 OH Construction of an Intermodal Facility at University Circle in the City of Cleveland ........................................ $500,000 

2919 PA Jeannette Truck Route ..................................................... $500,000 

2920 MD MD 45, Cavan to Ridgley Roads ..................................... $5,520,000 

2921 MD MD 30 Hampstead Bypass .............................................. $1,000,000 

2922 MI Monroe Area Highway-Railway Crossing Improvements, 

City of Monroe ............................................................. $6,400,000 

2923 OH Obtain right-of-way and construct the 161,37 widening 

project in Franklin and Licking Counties, Ohio .......... $2,000,000 

202 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2924 CT Enfield, Connecticut Make improvements to South 

Maple Street Bridge .................................................... $1,910,000 

2925 NY Conduct studies, if necessary, and construct infrastructure projects for Governor’s Island ..................... $2,000,000 

2926 NY Harlem River Park and Bikeway ...................................... $1,000,000 

2927 CT Make Improvements to Plainfield Cemetary Road .......... $300,000 

2928 SC Construct grade separation and interchange improvements at U.S. 521, Lancaster County ........................ $1,000,000 

2929 NJ Replacement of the Magnolia Avenue Bridge over Route 

1 & 9 ........................................................................... $1,000,000 

2930 IL Resurfacing and restriping Euclid Ave between Walnut 

Ave and Douglas Ave in Arlington Heights ................ $300,000 

2931 MI Resurfacing of Frazho Road in Roseville ........................ $1,280,000 

2932 CA Construct 213th Street pedestrian bridge to provide 

safe passage for pedestrians and wheelchairs, Carson ............................................................................... $1,000,000 

2933 MO Conduct impact studies for Missouri River Bridge 

siting in Kansas City, MO ........................................... $5,000,000 

2934 CA Construction of Lenwood Road Grade Separation in 

Barstow, CA ................................................................. $1,500,000 

2935 PA Improvements to Frankford Avenue from Cottman Avenue to Harbison Avenue .............................................. $1,250,000 

2936 IN Revelop Hazeldell Road, Hamilton County, Indiana ........ $500,000 

2937 AK Road Improvements and upgrades to service road 

areas and miscellaneous projects within Northstar 

Borough ....................................................................... $5,000,000 

2938 OH Rehabilitation or replacement of highway-rail grade 

separations along the West Central Ohio Port Authority route in Champaign and Clark Counties ........ $610,000 

2939 MI Otsego County, Resurfacing and widening of Parmater 

Rd ................................................................................ $368,000 

2940 WA Realign West Main Street through Kelso ........................ $2,000,000 

2941 TN Reconstruct State Route 109 from I-40 in Wilson County to Portland in Sumner County ................................ $1,000,000 

2942 PA Redesigning the intersection of US322/High Street and 

Rosedale Ave ............................................................... $1,000,000 

2943 DE Replacement of the Indian River Inlet Bridge, Sussex 

County Delaware ......................................................... $4,000,000 

2944 FL Construct link from I-95 to I-10 through Clay County 

with terminus points SR23 to CAR739B .................... $3,000,000 

203 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2945 MN Construct ramps and new bridge over Interstate 35 at 

CSAH 17, and reconstruct CSAH 17 from west County Line to CSAH 30, Chisago County .......................... $900,000 

2946 CT Conduct multi-modal study of Route 8 corridor between 

Beacon Falls-Seymour town line and exit 40 ............. $1,000,000 

2947 AR Hwy 65 improvements in Van Buren County, including 

construction of passing lanes, bridge improvements, 

intersection improvements and other roadway improvements .................................................................. $1,200,000 

2948 AZ Construct sidewalks along White Spar Road -Prescott, 

AZ ................................................................................ $500,000 

2949 NY Construction of Pedestrian and Bike Trail campus access & improvements, St. Bonaventure, NY .............. $500,000 

2950 NY Eastern Laurelton Area Improvements, Queens, New 

York ............................................................................. $8,600,000 

2951 NY Bicycle and pedestrian safety improvements, Main 

Street, Riverhead ......................................................... $1,200,000 

2952 AL Construct County Road 83 corridor from Foley Beach 

Express to I-10 ............................................................ $10,000,000 

2953 PA Design and construct improvements to PA 465 from 

Walnut Bottom Rd. to PA 641 and at I 81 Exit 44 ... $3,870,500 

2954 IL Reconstruct and Widen Route 60 Bridge over I-94 in 

Lake Forest .................................................................. $8,000,000 

2955 VA Improve Downtown Staunton, Virginia, Streetscape ....... $1,500,000 

2956 PA Route 322 Halls Run Upgrades from the intersection of 

Horsecreek Road to Mapleshade Road -Venango 

County ......................................................................... $1,700,000 

2957 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Wilkes-Barre ................................................................ $2,500,000 

2958 IN SR56 Reconstruction, Aurora, Indiana ............................ $5,120,000 

2959 MI Study and implement transportation system alternatives in the vicinity of US31/M46 ........................... $4,000,000 

2960 MA Longfellow Bridge Rehabilitation .................................... $2,500,000 

2961 IL For Village of Bolingbrook to construct Remington Blvd. 

extension ..................................................................... $500,000 

2962 AZ Construction of Rio Salado Pedestrian Bridge in Tempe, 

AZ ................................................................................ $3,000,000 

204 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2963 MI Study to determine replacement options for obsolete 

and structurally deteriorating bridge (TrentonGrosse Ile Bridge) including approach roadways, 

Charter County of Wayne ............................................ $4,000,000 

2964 PA Mount Joy Bridge Replacement on Route 230 ................ $250,000 

2965 CA Modifies 9 traffic signals between Willow Road and 

Middlefield Road and Hamilton Avenue, Menlo Park $300,000 

2966 OH Summit County Engineer Reconstruct Access Roads to 

Cuyahoga Valley National Park ................................... $500,000 

2967 OR To study the feasibility of widening Hwy 26 from the 

Hwy 217 interchange to the Cornelius Pass exit ....... $1,000,000 

2968 GA Athens-Clarke County Greenway Enhancement Project .. $2,320,000 

2969 WA Improve Wahkiakum County Ferry landing ...................... $200,000 

2970 IL Irving Park Bridge over the Chicago River ..................... $4,000,000 

2971 MI Design, right-of-way and construction of passing relief 

lanes and improvements necessary on M-55, between M-37 and M-115 .............................................. $2,200,000 

2972 NE Design, right-of-way and construction of South and 

West Beltway in Lincoln, Nebraska ............................ $3,000,000 

2973 TX Tower 55 CMAQ Congestion and Preliminary Engineering Study ..................................................................... $2,000,000 

2974 NY Town of Chester Lake, Hill Farms subdivision road improvements .................................................................. $150,000 

2975 MN Improvements on TH 169 east and west of East Two 

Rivers Crossing and TH 135 from Enterprise Drive to 

TH 169 ......................................................................... $2,216,000 

2976 IN Reconstruct Standard Avenue, Whiting ........................... $1,300,000 

2977 TX Barron Rd. Interchange at SH6 (Earl Rudder Freeway) 

College Station ............................................................ $3,000,000 

2978 CA Develop conceptual master plan to improve the efficiency of transportation facilities, Covina ................. $215,000 

2979 PA Transportation enhancements along the Delaware 

Canal between Yardley, PA and Bristol, PA ............... $1,000,000 

2980 VA Upgrade DOT crossing #467661K to constant warning 

time devices ................................................................ $171,700 

2981 UT Add lighting on Highway 262 on the Navajo Nation in 

Aneth ........................................................................... $175,000 

2982 VA Chestnut Mountain Road—feasibility study, design and 

construction start for road improvement on National 

Forest lands ................................................................ $500,000 

205 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

2983 MI Construction of roads and trails Humbug Marsh Unit 

Linked Greenways System, Detroit International Wildlife Refuge ................................................................... $1,100,000 

2984 TX Construct access road connecting Port of Beaumont 

property on east bank of Neches River to I-10 access road east of the Neches River ........................... $3,120,000 

2985 AR Develop U.S. Highway 71 (I-49) to Interstate standards 

on new location between Mena, AR and LA state 

line .............................................................................. $3,160,000 

2986 SC Lexington County, widen US 1 and SC 6, and improve 

US 1, SC 6, and US 378 ............................................ $2,000,000 

2987 IL Midlothian Road Signalization, Lake Zurich ................... $600,000 

2988 VA Glen Alton—design and construction of recreation 

trails, access and visitor information center ............. $1,000,000 

2989 MI Expansion of Cass Avenue in Clinton Township ............. $9,194,000 

2990 CO Bromley Lane and US 85 interchange feasibility study 

and construction of needed improvements ................ $1,000,000 

2991 MD Constructing Chestertown Trail, Chestertown, MD ......... $300,000 

2992 IL Eastern Peoria Bypass ..................................................... $3,000,000 

2993 VA Conduct planning and engineering for Mayo Bridge in 

Richmond .................................................................... $2,000,000 

2994 NY Elevation of road and construction of drainage improvements on Sequams Lane Center and Sequams 

Lane West in the Town of Islip, NY ............................ $620,000 

2995 NM Improvements to San Juan County Road 7950 .............. $1,000,000 

2996 WA 116th St/Interstate 5 Interchange Reconstruction in 

Marysville .................................................................... $1,000,000 

2997 SC Construction of public roads at the International Center for Automotive Research and reconstruction of 

Fairforest Way in Greenville, South Carolina .............. $5,000,000 

2998 PA Provide 4 through-lanes on PA100 by constructing two 

thru lanes to the east of Ludwigs Corner .................. $5,000,000 

2999 PA Completion of construction of final 2 ramps of I-79 

interchange with Parkway West; widening of 1 mile 

of Parkway West leading to ramps ............................ $2,000,000 

3000 CA Diamond Bar, CA Grand Avenue Rehabilitation ............. $1,600,000 

3001 NY Reconfigure intersection of Ridge Street and Hallocks 

Mill Road & install new traffic signal ....................... $725,000 

3002 WA Guard Street Reconstruction Project in Friday Harbor ... $800,000 

3003 CO Roadway widening and interchange rebuilding on I-225 

from I-70 to Parker Road ........................................... $4,000,000 

206 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3004 PA Roosevelt Boulevard improvements by the Pennsylvania 

Department of Transportation .................................... $2,500,000 

3005 MN Construct Paul Bunyan Trail Walker to Bemidji Segment ............................................................................ $700,000 

3006 HI Upgrades to Farrington Highway ..................................... $1,000,000 

3007 KY US 41A Phase II Design and Right of Way .................... $3,000,000 

3008 NM US 54 Corona, Tularosa, and Vaughn Bridges Replacement and Rehabilitation ............................................. $1,000,000 

3009 OH Construction of access road along east side of SR 8 in 

Summit County, OH ..................................................... $1,000,000 

3010 TX US281 from Brooks County Line to FM 3066, Brooks 

County ......................................................................... $2,000,000 

3011 FL Construction of an interchange at Florida’s Turnpike & 

Stirling Rd. in Broward County ................................... $5,538,959 

3012 NY Construction of the City of Watertown Streetscape Enhancement Project ...................................................... $2,500,000 

3013 IL Install countdown devices on pedestrian crossing signals on US Routes 12/20 and 50 in Oak Lawn ......... $500,000 

3014 NY Install Improvements for Pedestrian Safety in the vicinity of St. Roberts Bellarmine ...................................... $250,000 

3015 NY Rebuild Queens Plaza, a 250-foot wide roadway on the 

eastern end of the Queensborough Bridge ................. $8,000,000 

3016 PA Upgrade circuit for gates and lights at Seventh Street 

in Emmaus, PA USDOT crossing number 592401H to 

constant warning time devices. ................................. $275,000 

3017 UT SR-158 Improvements, Pine View Dam, Weber County, 

Utah ............................................................................. $1,100,000 

3018 CA Valley Boulevard Capacity Improvement between 710 

Freeway and Marguerita Avenue, Alhambra ............... $2,000,000 

3019 IL Offramp and overpass from I-57 outside of Marion and 

necessary connector roads .......................................... $5,000,000 

3020 AK Construction of and improvements to roads at Alaska 

Pacific University ........................................................ $3,000,000 

3021 SC Upgrade of the I-95/SC 327 Interchange near Florence $7,500,000 

3022 CA Valley View/Stage Grade Separation Project, La Mirada 

and Santa Fe Springs, California ............................... $900,000 

3023 OR Renewal of Wooden Bridge West of Albany .................... $8,000,000 

3024 MI Northville, Taft Road from 8 Mile North to city limits ... $500,000 

3025 NY Village of Pawling Rehabilitation of Grandview Ave 

from Lakeside to end .................................................. $100,000 

3026 SD Regrade and resurface BIA Route #5 south of Dupree 

on the Cheyenne River Reservation ............................ $1,500,000 

207 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3027 FL Church Street Improvements, Orlando ............................ $13,000,000 

3028 MI Walled Lake, Widen Maple Road, west of Decker to 

Welch ........................................................................... $125,000 

3029 AR Washington County, Arkansas—replace and rebuild 

Tilly Willy Bridge ......................................................... $800,000 

3030 AR Russellville Intermodal Facility construct access roads 

from AR Hwy 247, purchase Right-of-Way ................. $2,000,000 

3031 TX Construct IH 30 Monty Stratton Parkway Interchange in 

Greenville, TX .............................................................. $1,000,000 

3032 PA Design and Construction of Portzer Road Connector, 

Bucks County .............................................................. $2,000,000 

3033 IL For Plainfield Township Park District to construct 

DuPage River Bike & Pedestrian Trail linking Grand 

Illinois, Midewin, & I&M Canal Trails ........................ $100,000 

3034 TX Pedestrian Path and Sidewalk Improvements along US 

83 in Rio Grande City ................................................. $500,000 

3035 MS Upgrade roads at Tougaloo College ................................ $500,000 

3036 IL Washington Street Widening, Gurnee .............................. $3,360,000 

3037 LA Belle Chasse Tunnel ........................................................ $500,000 

3038 FL Implement Busch Boulevard corridor improvements to 

improve safety in Tampa ............................................ $2,500,000 

3039 MI Construction of Pittsfield Greenways Bridge—nonmotorized bridge enhancement onto existing Bemis 

Road Bridge, Pittsfield Charter Township .................. $201,000 

3040 NC North Carolina. Repair and improve safety features on 

US Hwy 19 from Maggie Valley to Cherokee .............. $8,000,000 

3041 NC Northern Loop Project, City of Wilson ............................. $1,000,000 

3042 OR Weaver Road Extension and Bridge Project, Douglas 

County ......................................................................... $17,500,000 

3043 MI Complete 58 miles of White Pine Trail from Grand 

Rapids to Cadillac ...................................................... $1,500,000 

3044 NY Elmira Congestion Mitigation .......................................... $2,000,000 

3045 IL Improve Roads and Bridges, Cicero ................................ $1,500,000 

3046 MI John-Daly Road Reconstruction—2.5 miles from northern city limit to southern city limit, Inkster ............... $2,500,000 

3047 UT Construct pedestrian safety project on the Navajo Nation in Montezuma Creek ............................................ $325,000 

3048 MD Construct MD5, Hughesville Bypass ............................... $10,000,000 

3049 OH Repair & Construct Rock Spring Bridge, Portage County $500,000 

3050 RI Replace I-195 Washington Bridge Eastbound ................ $2,000,000 

3051 UT Bear River Migratory Bird Refuge Access Road Improvements, Box Elder County, UT .............................. $4,000,000 

208 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3052 MA Reconstruction of Union St. and Rt. 138W, Holbrook ..... $1,720,000 

3053 MI Replacement of the interchange at 44th Street and 

U.S. 131 in Grand Rapids .......................................... $9,000,000 

3054 OH Construct interchange improvements at SR 46 and 82 

in Howland Township, Trumbull Co ............................ $1,000,000 

3055 GA Widen and construct US 84 Connector Bypass from 

west of US 84 SR 119 west of Hinesville to US 84 

SR 196 south of Flemington, Liberty County, Georgia $2,000,000 

3056 IL Project is a stand-alone roadway improvement consisting of the complete reconstruction of the roadway, The Village of Forest Park .................................. $1,000,000 

3057 MI Jackson Freeway Modernization Project. I-94 Modernization Project from Michigan State Route 60 [M60] 

easterly to Sargent Road ............................................ $15,000,000 

3058 VA Smart Travel and Traffic Management Systems in 

Salem and Staunton District, Virginia ....................... $300,000 

3059 OH Construct Great Miami River Multi-Use Trail, Miami 

County, Ohio ................................................................ $1,270,000 

3060 DC Rock Creek Recreational Trail study to assess feasibility of constructing recreation trail ......................... $1,000,000 

3061 MI Study road runoff in Little Black Creek between U.S. 31 

and Seaway Drive ....................................................... $400,000 

3062 CA Conduct environmental review of proposed improvements related to the connection of Dumbarton 

Bridge to Highway 101 ............................................... $500,000 

3063 NY Construction of and improvements to Union Road in 

West Seneca ................................................................ $1,000,000 

3064 WI Upgrade I-43 between State Highway 140 and East 

County Line in Rock County, Wisconsin ..................... $3,000,000 

3065 NJ Separation of the intersection of 13th Street and the 

Lehigh Rail Line through bridge or tunnel in Manville, NJ ........................................................................ $555,000 

3066 CA Construct parking facility and improve access to Imperial Valley Expo ........................................................... $377,500 

3067 CA Develop bicycle paths and pedestrian access to Third 

Avenue, Chula Vista .................................................... $300,000 

3068 IL Upgrade County Highways 18 and 22 in conjunction 

with state I-57 interchange plan north of Mattoon ... $2,000,000 

3069 CA Widen & Reconfigure Sepulveda & Culver Boulevards, 

Culver City ................................................................... $2,740,000 

209 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3070 OH Construct interchange or other appropriate access on 

IR 70 west of existing mall road exit in Belmont 

County ......................................................................... $6,935,000 

3071 AZ Widen and expand the existing roadway and railroad 

overpass in the Houghton Road Corridor ................... $4,000,000 

3072 OK Construction of Duncan Bypass Grade Separation ......... $3,000,000 

3073 SC Pine Needles Widening & Bridge Replacement .............. $3,000,000 

3074 CA Olsen Road widening and roadway improvments in 

Simi Valley, California ................................................ $2,000,000 

3075 GA Streetscape project to upgrade sidewalks, lighting and 

streets, Jeffersonville .................................................. $500,000 

3076 NY Implement Diamond Grinding Measures on I-95, I-278, 

Mosholu Parkway, I-495, Grand Central Parkway, 

and Richmond Parkway .............................................. $700,000 

3077 MD Upgrade Conduit System for Traffic Signal Systems, 

Street Lighting, and Traffic-related Video Cameras 

for Baltimore ............................................................... $1,300,000 

3078 WA 5th Street/US 2 Signalization Improvements in Sultan .. $100,000 

3079 WI Implementation of recommendations contained in 2005 

Safe Routes to School in Superior plan ..................... $600,000 

3080 LA Widen and improve LaPlaco Boulevard from Bayou 

Segnette to US90, Jefferson Parish ............................ $4,000,000 

3081 NY Realign Kirk Lake Drive in Carmel .................................. $110,000 

3082 NY Town of Somers road reconstruction .............................. $500,000 

3083 OH Upgrade grade crossing safety devices in Elyria and 

North Ridgeville ........................................................... $952,000 

3084 MS Widen and improve Martin Bluff Road, Gautier ............. $3,000,000 

3085 CA Widen and reconstruct Washington Blvd from westerly 

city boundary at Vernon to I-5 Fwy at Telegraph Rd 

in Commerce ............................................................... $3,000,000 

3086 CA San Diego, CA Interstate 5, Sorrento Valley Road and 

Genesee Avenue Interchange Project .......................... $2,000,000 

3087 OR Widen I-5 between Portland, Oregon and Vancouver, 

Washington .................................................................. $4,750,000 

3088 LA North-South Corridor from Houma/Thibodaux to I-10 .... $5,000,000 

3089 GA Warren County I-20 Frontage Road ................................. $3,000,000 

3090 KY Widen KY 11 from US 460 to the Mt. Sterling Bypass, 

Montgomery County ..................................................... $2,500,000 

3091 OH Traffic and safety improvements to county roadways in 

Geauga County, OH ..................................................... $1,070,000 

3092 CA Develop bicycle paths and public park space adjacent 

to the New River, Calexico .......................................... $5,000,000 

210 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3093 TN Construction of the Foothills Parkway in the Great 

Smoky Mountains National Park ................................. $7,500,000 

3094 PA Improvements to Torresdale Avenue from Harbison Avenue to Cottman Avenue .............................................. $1,250,000 

3095 GA Butner Road and Stonewall Tell Road, Fulton County ... $1,000,000 

3096 OH Construction of highway-rail grade separations at 

intersections in Lima to improve motorist and pedestrian safety ............................................................ $1,250,000 

3097 OR Siuslaw River Bridge, Florence ........................................ $4,250,000 

3098 CA Construct Cypress Avenue over-pass to separate Interstate 10 and Union Pacific Railroad tracks in Fontana ............................................................................. $3,000,000 

3099 CA Modify and reconfigure Kanan Road interchange along 

US101 in Agoura Hills ................................................ $5,000,000 

3100 OH Upgrade and widen intersection for SR 14 in 

Washingtonville ........................................................... $1,000,000 

3101 NM Upgrade NM 434 from Mora north to Black Lake .......... $1,500,000 

3102 NJ Upgrade of Turnpike/Route 440 Interchange in Bayonne $4,000,000 

3103 LA Widen LA 18 from Northrup Grumman/Avondale Shipyards to US 90, Jefferson Parish ................................ $2,500,000 

3104 PA Widen PA 896 between Strasburg Borough and US 30 $1,000,000 

3105 MI Eliminate major roadway on Cleary University campus 

and establish a new roadway .................................... $500,000 

3106 PA Reconstruction of 11 mile segment of the Lower Trail 

between Williamsport and Mt Edna, Blair County, Pa $500,000 

3107 KY Construction of interchange connecting US31W to I65 

at mile marker 32 in Warren County ......................... $1,000,000 

3108 AS Drainage mitigation for Pago Pago village roads .......... $1,000,000 

3109 NC Install Sugar Creek Grade Separation ............................ $3,000,000 

3110 LA Improvements to LA46 in St. Bernard Parish ................. $400,000 

3111 IN Construct Hoham Drive Extension in Plymouth, Indiana $500,000 

3112 OR Construct turn lane on Gateway Boulevard, Cottage 

Grove ........................................................................... $90,000 

3113 TN Replace Unitia Bridge in Loudon County, TN ................. $900,000 

3114 VA Replacement of Robertson Bridge in Danville ................ $5,450,000 

3115 MA Public Improvements to Springfield Symphony Hall ....... $300,000 

3116 NY Realign Union Valley Road in Town of Carmel ............... $550,000 

3117 NY Village of Pawling Improvements to Reservoir Road 

from State Rt 22 to Prospect St ................................ $125,000 

3118 MS Build connector between SR 609 and State Highway 15 

near I-10, Jackson and Harrison Counties ................. $3,000,000 

3119 CO I-70 West Mountain Corridor, Denver to Garfield County $4,000,000 

211 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3120 CA Completion of Interstate 5 and Interstate 8 Connectors, 

San Diego .................................................................... $6,000,000 

3121 FL Construct US 1 interchange at CR 210, St. Johns 

County, Florida ............................................................ $6,600,000 

3122 OH Construct roadway improvement project along State 

Routes 37 and 78 through Fairfield, Perry, Morgan, 

Noble, Monroe Counties .............................................. $250,000 

3123 IL Construct I-57 Bridge Overpass, City of Markham ........ $600,000 

3124 NJ Design, plan and build a permanent pedestrian/bicycle 

path along the banks of the Elizabeth River ............. $500,000 

3125 NJ Improve the US Interstate 78 Interchange at exit 15 in 

Franklin Township, Union Township, and Town of 

Clinton ......................................................................... $1,000,000 

3126 CA Reconstruct Rosecrans Av. and construct bus pads 

from Garfield Av. to Century Bl. in Paramount .......... $400,000 

3127 TN Bristol, Tennessee highway-RR crossing grade improvement—USDOT#731120J .............................................. $100,000 

3128 CO Glenwood Springs South Bridge (new, off-system 

bridge) ......................................................................... $6,500,000 

3129 NJ Improvements of Newark and First Streets in Hoboken $300,000 

3130 OH Construct I-70 interchange at Burnett Road, Springfield ............................................................................. $1,250,000 

3131 MN Construction of Gitchi-Gami State Trail from Silver Bay 

to Tettegouche State Park .......................................... $1,500,000 

3132 CA Improvements/Widening of SR 99 from Goshen to 

Kingsburg in Tulare County, California ...................... $6,200,000 

3133 CA Design and implement Harbor Boulevard ITS in Garden 

Grove ........................................................................... $1,000,000 

3134 WI Complete the Glacial Drumlin Trail, from Madison to 

Waukesha .................................................................... $300,000 

3135 PA Design and construct turn lanes, signal upgrades and 

improvements at PA 34 and 174 intersection ........... $580,000 

3136 PA Design, engineering, ROW acquisition & construction of 

streetscapping enhancements, paving, lighting, 

safety improvements, parking & roadway redesign in 

Wright Township, Luzerne County ............................... $200,000 

3137 PA I-70-I-79 South Interchange Redesign and Upgrade ..... $2,000,000 

3138 PA Chicora, PA Butler County, PA Rail Bridge Replacement 

Project ......................................................................... $1,200,000 

3139 CA Improve Access Road to Beale Air Force Base 

(Smartville Road) ........................................................ $3,750,000 

3140 CA Interstate 215, Los Alamos Road Interchange Project ... $2,000,000 

212 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3141 NE Missouri River Bridges between US-34, I-29 in Iowa 

and US-75 in Nebraska .............................................. $4,200,000 

3142 AL Huntsville Southern Bypass planning and engineering .. $3,000,000 

3143 MO Redesign and reconstruct I-170 interchange at Ladue 

Rd ................................................................................ $400,000 

3144 NY Construct Interstate 87 Exit 3 Airport Connector in Albany ............................................................................. $3,000,000 

3145 CA Citywide traffic signal upgrades requiring the installation of hardware and software at 9 major intersections, Palo Alto ............................................................ $500,000 

3146 OH Construct replacement of Morgan Township Road 209 

between SR 60 and SR 78 in Morgan County ........... $3,300,000 

3147 GU Construct Route 3A Extension, Municipality of Yigo ...... $3,000,000 

3148 NY Construct the Setauket/Port Jefferson Greenway Trail 

Project ......................................................................... $5,000,000 

3149 AR Develop a railroad overpass connecting U.S. Highway 

67 and U.S. Highway 371 in Prescott ........................ $2,640,000 

3150 FL Construct SR 312 Extension Bypass, St. Johns County, 

Florida ......................................................................... $5,300,000 

3151 GA Construct Welcome Center, and pedestrian trail, Abbeville .............................................................................. $500,000 

3152 VA Improve Erickson Avenue and Stone Spring Road connection ......................................................................... $750,000 

3153 TX Reconstruct Loop 12 IH 35E and SH 183 west extension to MacArthur, Irving, Texas ................................. $5,000,000 

3154 OR Completion of the first of three phases of trails in the 

Regional Trails Program ............................................. $4,800,000 

3155 MN Construct bridge for Paul Bunyan Trail over Excelsior 

Road, Baxter ................................................................ $1,500,000 

3156 KY Reconstruct US-127 at the US-127 and US-127 North 

Bypass, Mercer County ................................................ $600,000 

3157 CA Rehabilitate street surface of Addison St. between 

Kester Ave. and Lemona Ave ...................................... $47,000 

3158 IL City of Springfield, IL for improvements to Cockrell 

Lane ............................................................................. $952,572 

3159 OH Repair/Construct Mill Street Bridge, Akron ..................... $1,800,000 

3160 MI Resurface Caseville Road in Huron County .................... $192,000 

3161 PA River Trail and Esplanade Development at the Southside Riverfront Park .................................................... $750,000 

3162 IL Construct access roads to National Great Rivers Research Center .............................................................. $1,400,000 

213 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3163 IL Construct Roadway from Mississippi River Barge Dock 

to IL Rt 3-IL Rt 157, Cahokia .................................... $1,750,000 

3164 PA Context Sensitive Design Elements for the Market 

Street Bridge, Lycoming County, PA ........................... $1,000,000 

3165 NY Implement Pedestrian Safety Improvements on Queens 

Boulevard .................................................................... $500,000 

3166 NV Design and construct interchange on I-15 from mile 

post 117.5 to mile post 118.5 in Mesquite ............... $1,000,000 

3167 CA Construct grade separations at Washington Ave & 

UPRR crossing east and Washington Ave & La 

Cadena Drive in Colton ............................................... $500,000 

3168 MD Intercounty Connector ...................................................... $6,000,000 

3169 MA Charlemont Bridge, Route 2, Charlemont ....................... $4,800,000 

3170 MN CSAH 47 rehabilitation from 165th Ave to TH 25, Morrison County ................................................................ $440,000 

3171 MS Improve Old Augusta Road and construct Kaiser Road, 

Perry County ................................................................ $3,500,000 

3172 PA Reconstruction of US30 from PA10 to Business US30 

including travel lanes, shoulders, etc ........................ $5,000,000 

3173 NY Route 78 (Transit Road), Genesee Street to Main 

Street, Towns of Amherst, Cheektowaga and Clarence in Erie County ..................................................... $3,000,000 

3174 NY Southtowns Connector—Construct improvements to NY 

Route 5 from Coast Guard Base to Ohio Street, including Fuhrmann Boulevard ...................................... $10,000,000 

3175 CA SR 91 I 605 Needs Assessment Study, Whittier, CA ...... $16,000 

3176 GA SR70/Fulton Industrial Boulevard widening from Camp 

Creek Parkway to the SCL RR, Fulton County ............ $1,500,000 

3177 MO Ste. Genevieve Co., Missouri Rt. 61 bridge replacement 

over Establishment Creek ........................................... $1,500,000 

3178 MN Construction of intersection at County Road 5 and 

TH13 in City of Burnsville .......................................... $1,000,000 

3179 GA SR 307 overpass over Georgia Port Authority rail line, 

Savannah .................................................................... $4,000,000 

3180 MO Study railroad reconfiguration to eliminate highway 

crossings in and around Springfield, MO .................. $1,000,000 

3181 NC Construct relocated NC 16 in Lincoln and Catawba 

Counties, NC ............................................................... $1,000,000 

3182 IL Construction of highway approaches to the Sullivan 

Road bridge in Aurora, IL ........................................... $1,600,000 

214 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3183 IL Engineering and construction of 15.1 mile Alliance trail 

between Lock 14 in LaSalle and Lock 2 in Bureau 

Junction ....................................................................... $1,000,000 

3184 CA Construct parking facility and improve museum pedestrian access from trolley station, San Diego ............. $1,000,000 

3185 PA Relocation and upgrade of Beaner Hallow Rd, Beaver 

County, PA ................................................................... $1,650,000 

3186 MN TH36-Stillwater Bridge; Acquisition of ROW ................... $5,000,000 

3187 IL To construct Veterans Memorial Drive Extension. Will 

link Mt. Vernon on the east side of I-57 with incorporated area lying west .............................................. $1,000,000 

3188 MN I-494 US169 Interchange Reconstruction, Twin Cities 

Metropolitan Area, Minnesota ..................................... $5,000,000 

3189 AL Jackson County Industrial Park Access Road, Hollywood $1,000,000 

3190 FL 4 lane Archer Road from SW 62nd to SW 24th Ave., 

Gainesville ................................................................... $3,000,000 

3191 AK Construct access road and a bridge crossing the 

Naknek River terminus points in South Naknek-King 

Salmon Highway .......................................................... $3,000,000 

3192 NY Route 303 Orangeburg Road and Route 340 and Erie 

Street intersection ....................................................... $1,000,000 

3193 MS Upgrade roads in Port Gibson (U.S. Hwy 61), Claiborne 

County ......................................................................... $400,000 

3194 GA Construct Horsestamp Road Interchange on I-95 in 

Camden County, Georgia ............................................ $1,000,000 

3195 MO Upgrade Route 94 in St. Charles County from East of 

Harvester road to West of Mid-Rivers Drive .............. $11,000,000 

3196 OH Upgrade Rt. 665 Bridge over I-71 and widen I-71 between Rt. 665 and I-270 by one lane in each direction in Grove City, OH ................................................. $5,000,000 

3197 NY Village of Highland Falls repaving and sidewalk construction of Berry Hill Road ........................................ $75,000 

3198 PA Westmoreland County, Pennsylvania, four lane limited 

access facility connecting State Road 119 to the 

Pennsylvania Turnpike (Sony Connector) .................... $2,000,000 

3199 NJ Edison National Historic Site Traffic Improvement 

Project to improve traffic flow and promote safety ... $240,000 

3200 IL Construction of Eldamain Road over the Fox River ........ $2,500,000 

3201 CA Construction of a traffic signal at the intersection of 

Oso Ave. and Vanowen St ........................................... $125,000 

3202 OR Reroute U.S. 97 at Redmond, OR and improve the 

intersection fo U.S. 97 and Oregon 126 .................... $5,000,000 

215 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3203 CA Widen & realign Cherry Avenue from 19th Street to one 

block south of Pacific Coast Highway, Signal Hill .... $3,000,000 

3204 AR Ft. Smith, Arkansas: Improvements to Jenny Lind Rd. 

and Ingersoll Rd ......................................................... $6,000,000 

3205 OH Widen Pearl Road in Strongsville .................................... $1,000,000 

3206 CA Interstate 5 and State Route 78 Interchange Improvements .......................................................................... $4,000,000 

3207 OK Improvements to SH3 from Antlers to Broken Bow ........ $6,250,000 

3208 KY Construct the Albany Bypass in Clinton County ............. $5,000,000 

3209 CA Highway 74 and Interstate 215 Interchange Project ...... $1,000,000 

3210 SC Improve intersection and corridor on US 278 to improve 

safety. Poss build frontage roads widen road & 

change traffic controls ............................................... $10,000,000 

3211 WA Port of Bellingham Transportation Enhancement 

Projects ........................................................................ $2,500,000 

3212 OH Rehabilitation of SR 53 from Miami St to North city 

limits including approaches to the CSX railroad 

bridge, City of Tiffin ................................................... $1,000,000 

3213 OH Upgrade U.S. Route 30 between State Route 235 and 

Upper Sandusky in Hancock and Wyandot Counties .. $10,090,000 

3214 MN Main Street streetscape reconstruction, 2nd Street from 

Ash Ave. to State Hwy 2, and Grand Utley Ave from 

2nd Street to 6th Street N. across State Hwy 2, 

Cass Lake .................................................................... $1,900,000 

3215 NJ Warren County, NJ Route 57 and County Route 519 

Intersection Improvements .......................................... $2,700,000 

3216 HI Widen Queen Kaahumanu Highway ................................. $3,000,000 

3217 CT Widen Route 34, Derby .................................................... $3,000,000 

3218 IN Construction of County Road 17—Elkhart, IN ............... $3,000,000 

3219 PA Widen Route 666 in Forest County ................................. $1,000,000 

3220 CA Upgrade Jepson Parkway at North and South Gates of 

Travis Air Force Base and widen Vanden Road segment, Solano County ................................................... $2,000,000 

3221 CT Widen Route 67, Seymour ............................................... $1,000,000 

3222 PR Widen Route 835 to provide ready access to Guaynado 

and facilitate housing, industrial, commercial, & 

recreational development ............................................ $6,000,000 

3223 CT Widen Canal Street, Shelton, CT ..................................... $500,000 

3224 NJ Construct CR 521-Ocean Drive & Middle Thoroughfare 

Bridge Replacement, Cape May County ..................... $2,000,000 

3225 OR I-205 widening, Clackamas County ................................ $2,000,000 

216 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3226 OK Construct interchange south of I-40 along Indian Nation Turnpike near Henryetta ...................................... $250,000 

3227 MO Complete upgrade of U.S. 40-61 to interstate status on 

two section, from I 70 to Lake St. Louis exit and 

Highway K to Highway DD .......................................... $2,000,000 

3228 TX Abilene, TX, Dyess Air Force Base North Entry Access 

Project with related improvements ............................. $5,600,000 

3229 CA Construction and enhancements of trails in the Santa 

Monica Mountains National Recreation Area ............. $1,000,000 

3230 KY Construct South Airfield Road, Boone County, Kentucky $3,000,000 

3231 LA Construction of pedestrian and bike path adjacent to 

Tammany Trace Rails-to-Trails Corridor .................... $200,000 

3232 NY Construction of pedestrian walkways in Village of 

Northport ..................................................................... $100,000 

3233 NV Design and Construction of I-80 interchange in Fernley $1,000,000 

3234 OH Eastgate Area Improvements,I-275 & SR 32, Clermont 

County ......................................................................... $3,600,000 

3235 PA Pennsylvania Turnpike-Interstate 95 Interchange 

Project, Bucks County, PA ........................................... $4,000,000 

3236 GA Commission a study & report regarding construction & 

desgnation of a new Interstate linking Augusta, 

Macon, Columbus, Montgomery, & Natchez ............... $400,000 

3237 CT Construct Shoreline Greenway Trail, Madison ................ $1,000,000 

3238 NE New roads and overpasses to relieve congestion and 

improve traffic flow -Antelope Valley --Lincoln, NE ... $3,000,000 

3239 CA Reconstruct Atlantic Av. and improve drainage from 

Ardmore St. to Imperial Hwy. in South Gate .............. $3,250,000 

3240 SD Construct Railroad Underpass on Hwy 35 in Pierre ....... $1,100,000 

3241 AR I40-Highway 89 Interchange ........................................... $3,000,000 

3242 WA Kent, WA Willis Street UP Railroad Grade Separation 

Project ......................................................................... $500,000 

3243 IL Replace Interstate 74 Bridge, Moline ............................. $4,000,000 

3244 CA Implement SFgo Van Ness Corridor Improvements ........ $5,000,000 

3245 NC Battleground Avenue Rail to Trail Project, Guilford 

County, NC .................................................................. $1,000,000 

3246 IL Construction of an Extension of Atkinson Road to Intersect with IL 120 and IL 137 ...................................... $6,000,000 

3247 OH I-70,I-71 Split reconfiguration, Columbus ...................... $5,000,000 

3248 MI Delta County, CR 186 from M-35 at Brampton to US2 

and US41-bituminous overlay with super elevation, 

correction, curb, and gutter ........................................ $240,000 

217 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3249 TN Niota, TN Improving Vehicle Effiecies at At-Grade highway-Railroad Crossings .............................................. $99,000 

3250 NY Construct access to the NYS Thruway—Montezuma National Wildlife Reserve ................................................ $1,500,000 

3251 MN Corridor design work, I-94 and Radio Drive, Woodbury, 

MN ............................................................................... $500,000 

3252 TN Develop trails, bike paths and recreational facilities on 

Brady Mountain, Cumberland County for Cumberland 

Trail State Park ........................................................... $250,000 

3253 WA Access Downtown Phase II: I-405 Downtown Bellevue 

Circulation Improvements ........................................... $11,500,000 

3254 PA Reconstruct PA Route 274, at PA Route 11/15, 

Duncannon .................................................................. $1,000,000 

3255 PA Road and pedestrian improvements and reallignment, 

through construction, in York City NW Triangle ......... $1,500,000 

3256 NY Rockland County highway railroad grade crossing safety improvements .......................................................... $1,750,000 

3257 OH Calm traffic on Greenfield St in City of Tiffin and improve intersection of Greenfield St with Routes 18 

and 101 ....................................................................... $1,700,000 

3258 IA Construction of NW 26th St interchange on I 35, Polk 

Co ................................................................................ $1,000,000 

3259 NY To conduct scoping studies along proposed Northern 

Tier Expressway ........................................................... $5,000,000 

3260 IL Undertake Traffic Mitigation and Circulation Enhancements on 57th and Lake Shore Drive, Chicago ......... $2,000,000 

3261 IL For the the construction of a highway on new alignment to create a cross town route across Godfrey ... $1,250,000 

3262 MI Construct Industrial Park Service Road and Caine Road 

Bridge Replacement. Village of Millington, Tuscola 

County ......................................................................... $494,000 

3263 TX Loop 281 Mobility and Safety Improvements, Longview, 

TX ................................................................................ $1,680,000 

3264 TX Upgrade Fulghum Road Bridge on I-45 in Dallas County (TX) to provide safety and access for expanded 

intermodal traffic ........................................................ $3,100,000 

3265 MN Edge of Wilderness Discovery Center, Marcell ................ $471,000 

3266 IN Construction of Star Hill Road, Clark County, Indiana .. $2,215,000 

3267 TN Plan and construct a bicycle and pedestrian trail, 

Shelbyville ................................................................... $400,000 

3268 TX Construct Park Row bypass from Texas State Highway 

6 to the Eldridge Parkway in Houston, TX ................. $2,000,000 

218 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3269 CA Implement Northwest San Fernando Valley Road and 

Safety Improvements .................................................. $3,056,000 

3270 KY Construct two bridges across the Ohio River from Louisville to southern Indiana .......................................... $14,000,000 

3271 ME Construction of the Gorham Village Bypass, Gorham .... $11,220,000 

3272 OK Reconstruction of the I-40 Crosstown Expressway from 

I-44 to I-35 in downtown Oklahoma City, Oklahoma $14,000,000 

3273 MD I-695, MD147 to I-695 .................................................... $4,740,000 

3274 SC Upgrade Hwy. 21 Bypass Grade Crossings ..................... $1,000,000 

3275 MD Upgrade MD 175 in Anne Arundel County between MD 

170 and the Baltimore Washington Parkway ............. $1,000,000 

3276 OK Construct and widen six lanes on Interstate 44 from 

the Arkansas River extending east approximately 3.7 

miles to Yale Avenue in Tulsa, OK ............................. $10,000,000 

3277 OR North Bend Waterfront District Boardwalk Construction $992,000 

3278 CT Make Improvements to North Stonington, CT Westerly, 

R.I. Pawcatuck River Bridge ....................................... $500,000 

3279 VA Construct improvements at I-264 Witchduck Road 

interchange in Virginia Beach .................................... $10,750,000 

3280 CA Construct Western Placerville Interchanges on State 

Route 50 ...................................................................... $3,000,000 

3281 CT Construction of Housatonic River Walk, Shelton, CT ...... $1,000,000 

3282 NY NYS Route 5, 8, 12 Interchange reconstruction: Town of 

New Hartford ............................................................... $1,000,000 

3283 NY Implement Improvements for Pedestrian Safety in Bronx 

County ......................................................................... $1,000,000 

3284 CA Improve West Adams Blvd Streetscape in West Adams 

Historic District, Los Angeles ...................................... $200,000 

3285 CA Improve access from I-8 and construct parking lot for 

the Imperial Sand Dunes Recreation Area Visitor’s 

Center, Imperial Valley ................................................ $1,000,000 

3286 PA Construction of low-impact, spine roadway serving the 

North Delaware Riverfront corridor, City of Philadelphia ............................................................................. $10,000,000 

3287 AL Construct interchange on I-59 between I-59 and 49th 

Street in Fort Payne, AL .............................................. $3,000,000 

3288 FL Coordinated Regional Transportation Study of US 98 

from Pensacola Bay Bridge, Escambia County, to 

Hathaway Bridge, Walton County, Florida .................. $1,500,000 

3289 GA Leesburg North Bypass from US 19 to SR 195, Lee 

County ......................................................................... $500,000 

3290 LA Peters Road improvements in Plaquemines Parish ........ $1,000,000 

219 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3291 GA Upgrade sidewalks, lighting, landscaping from Cherry 

Street to Hampton Street, Industrial Park to Dooly 

Street, Montezuma ...................................................... $500,000 

3292 NY Intermodal transportation facility just off of the Bronx 

River Parkway’s exit 6 ................................................ $1,000,000 

3293 GA US 27 Reconstruction from Colquit to CR 279 .............. $1,000,000 

3294 TX Loop 180 (Project code 1190-01-035) in Whitney, TX 

from FM 933/FM 1713 to FM 933S of Whitney .......... $1,000,000 

3295 IA US 30 widening, reconstruction in Story and Marshall 

Counties, Iowa ............................................................. $2,300,000 

3296 TX US 377 interchange construction (at B377 and Hwy 

144) Hood Co .............................................................. $1,500,000 

3297 NY Construct and improve pedestrian streetscapes along 

Sunrise Highway in Freeport ....................................... $500,000 

3298 IA Construct Principal Riverwalk, Des Moines .................... $4,000,000 

3299 NY Construct access ramps to Rt. 32-6-17-CR 105 in Orange County ................................................................ $8,000,000 

3300 IL Resurface Shawnee College Road, Pulaski County ......... $1,250,000 

3301 MI Canton, Pave Cherry Hill Rd. between Canton Ctr., and 

Haggerty ...................................................................... $2,000,000 

3302 AR Springdale, AR—Improvements to Johnson Road. From 

Hwy 412 to I-540 through Springdale and Johnson .. $7,000,000 

3303 NC Environmental studies and construction of Garden 

Parkway ....................................................................... $5,000,000 

3304 AZ US 60 and US 93 connection on the eastern edge of 

central Wickenburg ..................................................... $2,000,000 

3305 GA Construction of I-575 HOV Lanes from Sixes Road to 

S.R. 20, Cherokee County, Georgia ............................. $1,000,000 

3306 WA I-405-SR 167 interchange—rebuild the interchange 

and add additional lanes to relieve congestion ........ $2,000,000 

3307 MN US10 corridor improvement between Blaine and St. 

Cloud: design and ROW acquisition ........................... $2,500,000 

3308 CA Walnut Grove at Broadway Intersection Capacity Enhancements, San Gabriel ............................................ $250,000 

3309 KY Widen and Reconstruct KY 698 at Mason Gap Road, 

Lincoln County ............................................................. $1,200,000 

3310 OR Medford, OR to construct sidewalks and improve storm 

drainage and gutters for the City’s Safe Walk Plan $1,000,000 

3311 MN Construct a pedestrian and bicycle bridge across TH 

169, Onamia ............................................................... $1,097,600 

3312 NY Improve Montauk Highway from CR46 to Barnes Road, 

Suffolk County ............................................................. $8,000,000 

220 

HIGH PRIORITY PROJECTS—Continued 

No. State Project Description Amount 

3313 CA San Diego, CA Construction of North Coast Interstate 5 $1,000,000 

3314 AR Study and construction of 8th Street, in Bentonville, AR 

from Interstate 540, (including direct access to I540) to SW Elm Tree Road ......................................... $3,000,000 

3315 MN Cedar Lake Regional Trail, Minneapolis ......................... $3,000,000 

Subtitle H—Miscellaneous Provisions 

SEC. 1801. BUDGET JUSTIFICATION. 

The Department of Transportation and each agency therein shall submit to the 

Committee on Transportation and Infrastructure of the House of Representatives a 

budget justification concurrently with the President’s annual budget submission to 

Congress under section 1105(a) of title 31, United States Code. 

SEC. 1802. MOTORIST INFORMATION. 

Section 124 of of title I of division F of the Consolidated Appropriations Act, 2004 

(118 Stat. 296–297) is repealed. 

SEC. 1803. MOTORIST INFORMATION CONCERNING FULL-SERVICE RESTAURANTS. 

Not later than 180 days after the date of enactment of this Act, the Secretary 

shall initate a rulemaking to determine whether or not— 

(1) full-service restaurants should be given priority on not more than 2 panels 

of the camping or attractions logo specific service signs in the Manual on Uniform Traffic Control Devices of the Department of Transportation when the food 

logo specific service sign is fully utilized; and 

(2) full service restaurants should be given priority on not more than two panels of the food logo specific service signs in such Manual when the camping or 

attractions logo specific service signs are fully utilized. 

SEC. 1804. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM. 

Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 

(105 Stat. 2032) is amended— 

(1) in paragraph (23) by inserting before the period at the end the following: 

‘‘and the connection from Wichita, Kansas, to Sioux City, Iowa, which includes 

I–135 from Wichita, Kansas to Salina, Kansas, United States Route 81 from Saline, Kansas, to Norfolk, Nebraska, Nebraska State Route 35 from Norfolk, Nebraska, to South Sioux City, Nebraska, and the connection to I–29 in Sioux 

City, Iowa’’; 

(2) by striking paragraph (34) and inserting the following: 

‘‘(34) The Alameda Corridor-East and Southwest Passage, California. The Alameda Corridor-East is generally described as the corridor from East Los Angeles (terminus of Alameda Corridor) through Los Angeles, Orange, San 

Bernardino, and Riverside Counties, to termini at Barstow in San Bernardino 

County and Coachella in Riverside County. The Southwest Passage shall follow 

I–10 from San Bernardino to the Arizona State line.’’; 

(3) by adding at the end the following: 

‘‘(46) Interstate Route 710 between the terminus at Long Beach, California, 

to California State Route 60. 

‘‘(47) Interstate Route 87 from the Quebec border to New York City. 

‘‘(48) The Route 50 High Plains Corridor along the United States Route 50 

corridor from Newton, Kansas, to Pueblo, Colorado. 

‘‘(49) The Atlantic Commerce Corridor on Interstate Route 95 from Jacksonville, Florida, to Miami, Florida. 

‘‘(50) The East-West Corridor commencing in Watertown, New York, continuing northeast through New York, Vermont, New Hampshire, and Maine, 

and terminating in Calais, Maine. 

‘‘(51) The SPIRIT Corridor on United States Route 54 from El Paso, Texas, 

through New Mexico, Texas, and Oklahoma to Wichita, Kansas. 

221 

‘‘(52) The route in Arkansas running south of and parallel to Arkansas State 

Highway 226 from the relocation of United States Route 67 to the vicinity of 

United States Route 49 and United States Route 63. 

‘‘(53) United States Highway Route 6 from Interstate Route 70 to Interstate 

Route 15, Utah. 

‘‘(54) The California Farm-to-Market Corridor, California State Route 99 from 

south of Bakersfield to Sacramento, California. 

‘‘(55) In Texas, Interstate Route 20 from Interstate Route 35E in Dallas County, east to the intersection of Interstate Route 635, north to the intersection of 

Interstate Route 30, northeast through Texarkana to Little Rock, Arkansas, 

Interstate Route 40 northeast from Little Rock east to the proposed Interstate 

Route 69 corridor. 

‘‘(56) In the State of Texas, the La Entrada al Pacifico Corridor consisting of 

the following highways and any portion of a highway in a corridor on 2 miles 

of either side of the center line of the highway: 

‘‘(A) State Route 349 from Lamesa to the point on that highway that is 

closest to 32 degrees, 7 minutes, north latitude, by 102 degrees, 6 minutes, 

west longitude. 

‘‘(B) The segment or any roadway extending from the point described by 

subparagraph (A) to the point on Farm-to-Market Road 1788 closest to 32 

degrees, 0 minutes, north latitude, by 102 degrees, 16 minutes, west longitude. 

‘‘(C) Farm-to-Market Road 1788 from the point described by subparagraph (B) to its intersection with Interstate Route 20. 

‘‘(D) Interstate Route 20 from its intersection with Farm-to-Market Road 

1788 to its intersection with United States Route 385. 

‘‘(E) United States Route 385 from Odessa to Fort Stockton, including 

those portions that parallel United States Route 67 and Interstate Route 

10. 

‘‘(F) United States Route 67 from Fort Stockton to Presidio, including 

those portions that parallel Interstate Route 10 and United States Route 

90. 

‘‘(57) United States Route 41 corridor between Interstate Route I–94 near Milwaukee and Interstate Route I–43 near Green Bay in the State of Wisconsin.’’; 

and 

(4) by aligning paragraph (45) with paragraph (46). 

SEC. 1805. ADDITIONS TO APPALACHIAN REGION. 

(a) KENTUCKY.—Section 14102(a)(1)(C) of title 40, United States Code, is amended— 

(1) by inserting ‘‘Nicholas,’’ after ‘‘Morgan,’’; and 

(2) by inserting ‘‘Robertson,’’ after ‘‘Pulaski,’’. 

(b) OHIO.—Section 14102(a)(1)(H) of such title is amended— 

(1) by inserting ‘‘Ashtabula,’’ after ‘‘Adams,’’; 

(2) by inserting ‘‘Fayette,’’ after ‘‘Coshocton,’’; 

(3) by inserting ‘‘Mahoning,’’ after ‘‘Lawrence,’’; and 

(4) by inserting ‘‘Trumbull,’’ after ‘‘Scioto,’’. 

(c) TENNESSEE.—Section 14102(a)(1)(K) of such title is amended— 

(1) by inserting ‘‘Giles,’’ after ‘‘Franklin,’’; and 

(2) by inserting ‘‘Lawrence, Lewis, Lincoln,’’ after ‘‘Knox,’’. 

(d) VIRGINIA.—Section 14102(a)(1)(L) of such title is amended— 

(1) by inserting ‘‘Henry,’’ after ‘‘Grayson,’’; and 

(2) by inserting ‘‘Patrick,’’ after ‘‘Montgomery,’’. 

SEC. 1806. TRANSPORTATION ASSETS AND NEEDS OF DELTA REGION. 

(a) AGREEMENT.—Not later than 6 months after the date of enactment of this Act, 

the Secretary shall enter into an agreement with the Delta Regional Authority (referred to in this section as the ‘‘DRA’’) to conduct a comprehensive study of transportation assets and needs for all modes of transportation (including passenger and 

freight transportation) in the 8 States comprising the Delta region (Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri and Tennessee). 

(b) CONSULTATION.—Under the agreement, the DRA, in conducting the study, 

shall consult with the Department of Transportation, State transportation departments, local planning and development districts, local and regional governments, 

and metropolitan planning organizations. 

(c) REPORT.—Under the agreement, the DRA, not later than 24 months after the 

date of entry into the agreement, shall submit to the Secretary and the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a final report on the results 

of the study, together with such recommendation as the DRA considers appropriate. 

222 

(d) PLAN.—Under the agreement, the DRA, upon completion of the report, shall 

establish a regional strategic plan to implement the recommendations of the report. 

(e) FUNDING.— (1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account), 

$500,000 for each of the fiscal years 2005 and 2006 to carry out this section. 

(2) CONTRACT AUTHORITY.—Funds authorized by this section shall be available for obligation in the same manner and to the same extent as if such funds 

were apportioned under chapter 1 of title 23, United States Code; except that 

such funds shall remain available until expended and shall not be transferable. 

SEC. 1807. TOLL FACILITIES WORKPLACE SAFETY STUDY. 

(a) IN GENERAL.—The Secretary shall conduct a study on the safety of highway 

toll collection facilities, including toll booths, to determine the safety of the facilities 

for the toll collectors who work in and around the facilities, including consideration 

of— 

(1) the effect of design or construction of the facilities on the likelihood of vehicle collisions with the facilities; 

(2) the safety of crosswalks used by toll collectors in transit to and from toll 

booths; 

(3) the extent of the enforcement of speed limits in the vicinity of the facilities; 

(4) the use of warning devices, such as vibration and rumble strips, to alert 

drivers approaching the facilities; 

(5) the use of cameras to record traffic violations in the vicinity of the facilities; 

(6) the use of traffic control arms in the vicinity of the facilities; 

(7) law enforcement practices and jurisdictional issues that affect safety in the 

vicinity of the facilities; and 

(8) the incidence of accidents and injuries in the vicinity of toll booths. 

(b) DATA COLLECTION.—As part of the study, the Secretary shall collect data regarding the incidence of accidents and injuries in the vicinity of highway toll collection facilities. 

(c) REPORT.—Not later than 1 year after the date of enactment of this Act, the 

Secretary shall transmit to the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Environment and Public Works 

of the Senate a report on the results of the study, together with recommendations 

for improving toll facilities workplace safety. 

(d) FUNDING.— (1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than 

the Mass Transit Account), $500,000 for fiscal year 2005. 

(2) CONTRACT AUTHORITY.—Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent 

as if such funds were apportioned under chapter 1 of title 23, United States 

Code; expect that the Federal share of the cost of the project shall be 100 percent, and such funds shall remain available until expended and shall not be 

transferable. 

SEC. 1808. PAVEMENT MARKING SYSTEMS DEMONSTRATION PROJECTS. 

(a) IN GENERAL.—The Secretary shall conduct a demonstration project in the 

State of Alaska, and a demonstration project in the State of Tennessee, to study the 

safety impacts, environmental impacts, and cost effectiveness of different pavement 

marking systems and the effect of State bidding and procurement processes on the 

quality of pavement marking material employed in highway projects. The demonstration projects shall each include an evaluation of the impacts and effectiveness 

of increasing the width of pavement marking edge lines from 4 inches to 6 inches 

and an evaluation of advanced acrylic water-borne pavement markings. 

(b) REPORT.—Not later than June 30, 2009, the Secretary shall transmit to Congress a report on the results of the demonstration projects, together with findings 

and recommendations on methods that will optimize the cost-benefit ratio of the use 

of Federal funds on pavement marking. 

(c) FUNDING.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than 

the Mass Transit Account), $1,000,000 per fiscal year for each of the fiscal years 

2005 through 2009. 

(2) CONTRACT AUTHORITY.—Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent 

as if such funds were apportioned under chapter 1 of title 23, United States 

223 

Code; expect that the Federal share of the cost of the demonstration projects 

shall be 100 percent, and such funds shall remain available until expended and 

shall not be transferable. 

SEC. 1809. WORK ZONE SAFETY GRANTS. 

(a) IN GENERAL.—The Secretary shall establish and implement a work zone safety 

grant program under which the Secretary may make grants to nonprofit organizations to provide training to prevent or reduce highway work zone injuries and fatalities. 

(b) ELIGIBLE ACTIVITIES.—Grants may be made under the program for the following purposes: 

(1) Training for construction craft workers on the prevention of injuries and 

fatalities in highway and road construction. 

(2) Development of guidelines for the prevention of highway work zone injuries and fatalities. 

(3) Training for State and local government transportation agencies and other 

groups implementing guidelines for the prevention of highway work zone injuries and fatalities. 

(c) 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 

$5,000,000 for each of fiscal years 2005 through 2009. 

(2) CONTRACT AUTHORITY.—Funds authorized by this subsection shall be 

available for obligation in the same manner as if the funds were apportioned 

under chapter 1 of title 23, United States Code; except that such funds shall 

not be transferable. 

(d) CONSTRUCTION WORK IN ALASKA.—Section 114 of title 23, United States Code, 

is amended by adding at the end the following: 

‘‘(c) CONSTRUCTION WORK IN ALASKA.— ‘‘(1) IN GENERAL.—The Secretary shall ensure that a worker who is employed 

on a remote project for the construction of a highway or portion of a highway 

located on a Federal-aid system in the State of Alaska and who is not a domiciled resident of the locality shall receive meals and lodging. 

‘‘(2) LODGING.—The lodging under paragraph (1) shall be in accordance with 

section 1910.142 of title 29, Code of Federal Regulations (relating to temporary 

labor camp requirements). 

‘‘(3) DEFINITIONS.—In this subsection, the following definitions apply: 

‘‘(A) REMOTE.—The term ‘remote’, as used with respect to a project, 

means that the project is 75 miles or more from the United States Post Office in either Fairbanks, Anchorage, Juno, or Ketchikan, Alaska, or is inaccessible by road in a 2-wheel drive vehicle. 

‘‘(B) RESIDENT.—The term ‘resident’, as used with respect to a project, 

means a person living within 75 miles of the midpoint of the project for at 

least 12 months.’’. 

SEC. 1810. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING. 

(a) GRANTS.—Subject to the requirements of this section, the Secretary shall make 

grants to a State that— 

(1) (A) has enacted and is enforcing a law that prohibits the use of racial 

profiling in the enforcement of State laws regulating the use of Federal-aid 

highways; and 

(B) is maintaining and allows public inspection of statistical information for 

each motor vehicle stop made by a law enforcement officer on a Federal-aid 

highway in the State regarding the race and ethnicity of the driver and any 

passengers; or 

(2) provides assurances satisfactory to the Secretary that the State is undertaking activities to comply with the requirements of paragraph (1). 

(b) ELIGIBLE ACTIVITIES.—A grant received by a State under subsection (a) shall 

be used by the State— 

(1) in the case of a State eligible under subsection (a)(1), for costs of— 

(A) collecting and maintaining of data on traffic stops; 

(B) evaluating the results of the data; and 

(C) developing and implementing programs to reduce the occurrence of 

racial profiling, including programs to train law enforcement officers; and 

(2) in the case of a State eligible under subsection (a)(2), for costs of— 

(A) activities to comply with the requirements of subsection (a)(1); and 

(B) any eligible activity under paragraph (1). 

(c) RACIAL PROFILING.—To meet the requirement of subsection (a)(1), a State law 

shall prohibit, in the enforcement of State laws regulating the use of Federal-aid 

highways, a State or local law enforcement officer from using the race or ethnicity 

224 

of the driver or passengers to any degree in making routine or spontaneous law enforcement decisions, such as ordinary traffic stops on Federal-aid highways. Nothing 

in this subsection shall alter the manner in which a State or local law enforcement 

officer considers race or ethnicity whenever there is trustworthy information, relevant to the locality or time frame, that links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization. 

(d) LIMITATIONS.— 

(1) MAXIMUM AMOUNT OF GRANTS.—The total amount of grants received by a 

State under this section in a fiscal year may not exceed 5 percent of the amount 

made available to carry out this section in the fiscal year. 

(2) ELIGIBILITY.—A State may not receive a grant under subsection (a)(2) in 

more than 2 fiscal years. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

(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 

$10,000,000 for each of fiscal years 2005 through 2009. 

(2) CONTRACT AUTHORITY.—Funds authorized by 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 the Federal share of the 

cost of activities carried out using such funds shall be 100 percent, and such 

funds shall remain available until expended and shall not be transferable. 

SEC. 1811. AMERICA’S BYWAYS RESOURCE CENTER. 

(a) IN GENERAL.—The Secretary shall allocate funds made available to carry out 

this section to the America’s Byways Resource Center established pursuant to section 1215(b)(1) of the Transportation Equity Act for the 21st Century (112 Stat. 

209). 

(b) TECHNICAL SUPPORT AND EDUCATION.— 

(1) USE OF FUNDS.—The Center shall use funds allocated to the Center under 

this section to continue to provide technical support and conduct educational activities for the national scenic byways program established under section 162 

of title 23, United States Code. 

(2) ELIGIBLE ACTIVITIES.—Technical support and educational activities carried 

out under this subsection shall provide local officials and organizations associated with National Scenic Byways and All-American Roads with proactive, technical, and on-site customized assistance, including training, communications (including a public awareness series), publications, conferences, on-site meetings, 

and other assistance considered appropriate to develop and sustain such byways 

and roads. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

out of the Highway Trust Fund (other than the Mass Transit Account) to carry out 

this section $3,500,000 for each of fiscal years 2004 through 2009. 

(d) APPLICABILITY OF TITLE 23.—Funds authorized by this section shall be available for obligation in the same manner as if such funds were apportioned under 

chapter 1 of title 23, United States Code; except that the Federal share of the cost 

of any project or activity carried out under this section shall be 100 percent and 

such funds shall remain available until expended and shall not be transferable. 

SEC. 1812. TECHNICAL ADJUSTMENT. 

(a) IN GENERAL.—The donee of the vessel with the Unit Identification Code number 13862 is deemed to be the owner of that vessel free and clear as of September 

1, 2000. 

(b) FEDERAL CLAIMS.—All Federal claims arising from the donation or use of the 

vessel described in subsection (a) are permanently extinguished. 

SEC. 1813. ROAD USER CHARGE EVALUATION PILOT PROJECT. 

(a) IN GENERAL.—The Secretary shall carry out a national evaluation pilot project 

to assess how intelligent transportation system technology can be applied to assess 

mileage-based road user charges for the purposes of collecting revenues for the 

Highway Trust Fund. 

(b) MATTERS TO BE EVALUATED.—The following matters shall be evaluated under 

the pilot project: 

(1) Technical feasibility of imposing mileage-based road user charges, including cost, reliability, and security of on-board and intelligent transportation systems. 

(2) Compatibility of technology for imposing such charges with automobile 

and truck design. 

(3) Design and testing of a collection system for such charges that is secure, 

low cost, and easy to use. 

225 

(4) Methods of ensuring privacy of road users and assessing public attitudes 

and views of motorists who participate in field tests of the equipment and system. 

(c) REPORTS.—The Secretary shall transmit annual reports on the status of the 

pilot project and, not later than June 30, 2009, a final report on the results of the 

pilot project, together with findings and recommendations, to the Secretary of the 

Treasury, the Committee on Transportation and Infrastructure and the Committee 

on Ways and Means of the House of Representatives, and the Committee on Environment and Public Works and the Committee on Finance of the Senate. 

(d) AUTHORIZATION OF APPROPRIATION.— 

(1) IN GENERAL.—There is authorize from the Highway Trust Fund (other 

than the Mass Transit Account) to carry out this section $1,000,000 for each of 

fiscal years 2005 and 2006 and $3,500,000 for each of fiscal years 2007, 2008, 

and 2009. 

(2) CONTRACT AUTHORITY.—Funds authorized under this subsection shall be 

available for obligation in the same manner as if the funds were apportioned 

under chapter 1 of title 23, United States Code; except the Federal share of the 

cost of the pilot project shall be 100 percent, and such funds shall remain available until expended and shall not be transferable. 

SEC. 1814. THOMAS P. ‘‘TIP’’ O’NEILL, JR. TUNNEL. 

(a) DESIGNATION.—In honor of his service to the Commonwealth of Massachusetts 

and the United States of America, and in recognition of his contributions toward the 

construction of Central Artery Tunnel project in Boston, the northbound and southbound tunnel of Interstate Route 93, located in the city of Boston, which extends 

north of the intersection of Interstate Route 90 and Interstate Route 93 to the Leonard P. Zakim Bunker Hill Bridge, is designated as the ‘‘Thomas P. ‘Tip’ O’Neill, Jr. 

Tunnel’’. 

(b) REFERENCES.—Any reference in law, map, regulation, document, paper, or 

other record of the United States to the tunnel referred to in subsection (a) shall 

be deemed to be a reference to the ‘‘Thomas P. ‘Tip’ O’Neill, Jr. Tunnel’’. 

SEC. 1815. CONFORMING AMENDMENT FOR TRANSPORTATION PLANNING SECTIONS. 

(a) METROPOLITAN PLANNING.—Section 134 of title 23, United States Code is 

amended to read as follows: 

‘‘§ 134. Metropolitan planning 

‘‘Metropolitan transportation planning programs funded under section 104(f) shall 

be carried out in accordance with the metropolitan planning provisions of chapter 

52, title 49, United States Code.’’. 

(b) STATEWIDE PLANNING.—Section 135 of such title is amended to read as follows: 

‘‘§ 135. Statewide planning 

‘‘Statewide transportation planning programs funded under section 104(f) shall be 

carried out in accordance with the statewide planning provisions of chapter 52, title 

49, United States Code.’’. 

SEC. 1816. DISTRIBUTION OF METROPOLITAN PLANNING FUNDS WITHIN STATES. 

Section 104(f)(4) of title 23, United States Code, is amended by adding at the end 

the following: ‘‘Such distribution of funds to metropolitan planning organizations 

shall be made within 30 days of the date of receipt of such funds from the Secretary.’’. 

SEC. 1817. TREATMENT OF OFF RAMP. 

The Harbor Boulevard off ramp from Interstate Route 405 in Costa Mesa, California, is deemed to satisfy the requirements of title 23, United States Code, that 

govern the approval of the placement of ramps off of a Federal-aid highway. 

SEC. 1818. LOAN FORGIVENESS. 

Debt outstanding as of the date of enactment of this Act for project number Q– 

DPM–0013(001) carried out under section 108(c) of title 23, United States Code, is 

deemed satisfied. 

SEC. 1819. LEAD AGENCY DESIGNATION. 

The public entity established under California law in 1989 to acquire rights-ofway in northwestern California to maintain surface transportation infrastructure is 

hereby designated as the lead agency for the purpose of accepting Federal funds authorized under item 13 of the table contained in section 1108(b) of the Intermodal 

Surface Transportation Efficiency Act of 1991 (105 Stat. 2061). 

226 

SEC. 1820. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES. 

The project agreement for a Federal-aid highway project shall provide that any 

debris from demolition of a bridge or overpass that is on the Federal-aid highway 

must be made available for beneficial public use by Federal, State, and local governments. Any additional cost associated with making available the debris shall be 

borne by the recipient of the debris. 

SEC. 1821. HUBZONE PROGRAM. 

Section 3(p)(4)(B)(ii) of the Small Business Act (15 U.S.C. 632(p)(4)(B)(ii)) is 

amended— 

(1) in subclause (I) by striking ‘‘or’’ at the end; 

(2) in subclause (II) by striking the period at the end and inserting ‘‘; or’’ ; 

and 

(3) by adding after subclause (II) the following: 

‘‘(III) there is located a difficult development area, as designated 

by the Secretary of Housing and Urban Development in accordance 

with section 42(d)(5)(C)(iii) of the Internal Revenue Code of 1986, 

within Alaska, Hawaii, or any territory or possession of the United 

States outside the 48 contiguous States.’’. 

SEC. 1822. TECHNICAL AMENDMENTS TO TEA 21 PROJECTS. 

The table contained in section 1602 of the Transportation Equity Act for the 21st 

Century (112 Stat. 257) is amended— 

(1) in item number 35 by adding ‘‘and for other related purposes’’ after 

‘‘Yard’’; 

(2) in item number 78 by striking ‘‘Third’’ and all that follows through 

‘‘Bridge’’ and inserting ‘‘Bayview Transportation Improvements Project’’; 

(3) in item number 312 by inserting ‘‘through construction’’ after ‘‘engineering’’; 

(4) in item number 800 by striking ‘‘Fairview Township’’ and inserting ‘‘or 

other projects selected by the York County, Pennsylvania MPO’’; 

(5) in item number 820 by striking ‘‘Conduct’’ and all that follows through 

‘‘interchange’’ and inserting ‘‘Conduct a transportation needs study and make 

improvements to I–75 interchanges in the Grayling area’’; 

(6) in item number 897 by striking ‘‘Road upgrade’’ and all that follows 

through ‘‘Hills’’ and inserting ‘‘Engineering and construction of a new access 

road to a development near Interstate 57 and 167th Street in Country Club 

Hills’’; 

(7) in item number 1121 by striking ‘‘Construct’’ and all that follows through 

‘‘Douglaston Parkway’’ and inserting ‘‘Provide landscaping along both sides of 

the Grand Central Parkway from 188th Street to 172nd Street’’; 

(8) in item 1225 by striking ‘‘Construct SR 9 bypass’’ and inserting ‘‘Study, 

design, and construct transportation solutions for SR 9 corridor’’; and 

(9) in item number 1375 by striking ‘‘Preliminary’’ and all that follows 

through ‘‘Emmet County’’ and inserting ‘‘Petoskey area transportation needs 

study and trunkline preservation and safety in the Petoskey area’’; 

(10) in item number 1392 by striking ‘‘Construct’’ and all that follows through 

‘‘multimodal center’’ and inserting ‘‘Improve the ramp configuration at the I–476 

PA Turnpike Landsdale Interchange’’; and 

(11) in item number 1447 strike ‘‘Extend’’ and all that follows through 

‘‘Valparaiso’’ and insert ‘‘Design and construction of interchange at I–65 and 

109th Avenue, Crown Point’’. 

SEC. 1823. NATIONAL WORK ZONE SAFETY INFORMATION CLEARINGHOUSE. 

(a) GRANTS.—The Secretary shall make grants for fiscal years 2005 through 2009 

to a national nonprofit foundation for the operation of the National Work Zone Safety Information Clearinghouse, authorized by section 358(b)(2) of Public Law 104– 

59, created for the purpose of assembling and disseminating, by electronic and other 

means, information relating to improvement of roadway work zone safety. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

out of the Highway Trust Fund (other than the Mass Transit Account) to carry out 

this section $1,000,000 for each of fiscal years 2005 through 2009. 

(c) CONTRACT AUTHORITY.—Funds authorized by 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 the Federal share of the cost of activities 

carried out using such funds shall be 100 percent, and such funds shall remain 

available until expended and shall not be transferable. 

SEC. 1824. TRANSPORTATION CONFORMITY. 

(a) CONFORMITY REDETERMINATIONS.—Section 176(c)(2) of the Clean Air Act (42 

U.S.C. 7506(c)) is amended by adding at the end the following: 

227 

‘‘(E) The appropriate metropolitan planning organization shall redetermine 

conformity for existing transportation plans and programs not later than 2 

years after the date on which the Administrator— 

‘‘(i) finds a motor vehicle emissions budget in a submitted implementation 

plan 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 

‘‘(ii) approves an implementation plan under section 110(k) or promulgates an implementation plan under section 110(c) that establishes a motor 

vehicle emissions budget where there was no prior budget or that establishes a budget that significantly varies from any motor vehicle emissions 

budget in effect pursuant to an adequacy determination in accordance with 

section 93.118(e)(4) of title 40, Code of Federal Regulations (as in effect on 

October 1, 2003) or as part of an implementation plan approved or promulgated under section 110.’’. 

(b) FREQUENCY OF CONFORMITY DETERMINATION UPDATES.—Section 176(c)(4) of 

the Clean Air Act (42 U.S.C. 7506(c)(4)) is amended follows: 

(1) In subparagraph (A) by striking ‘‘one year after the date of enactment of 

the Clean Air Act Amendments of 1990’’ and inserting ‘‘one year after the date 

of enactment of the Transportation Equity Act: A Legacy for Users’’. 

(2) In subparagraph (B) by amending clause (ii) to read as follows: 

‘‘(ii) provide that conformity determinations for transportation plans and programs be determined every 4 years in areas designated as nonattainment or redesignated to attainment (unless a metropolitan planning organization as designated in section 5213(b) of title 49, United States Code, elects to update a 

transportation plan and program more frequently or is required to determine 

conformity in accordance with paragraph (2)(E)).’’. 

(c) TIME HORIZON FOR CONFORMITY DETERMINATIONS IN NONATTAINMENT

AREAS.—Subsection (c) of section 176 of the Clean Air Act (42 U.S.C. 7506(c)) is 

amended by adding the following new paragraph at the end thereof: 

‘‘(7) TIME HORIZON FOR DETERMINATIONS.—Each conformity determination required under this section for a transportation plan under section 5213(g) of title 

49 of the United States Code shall require a demonstration of conformity during 

the period ending on either the final year of the transportation plan or, at the 

election of the metropolitan planning organization and an air pollution control 

agency, as defined in section 302(b), if such air pollution control agency is responsible for developing plans or controlling air pollution within the area covered by the transportation plan on the later of the following dates (hereinafter 

in this paragraph referred to as the ‘final transportation conformity date’): 

‘‘(A) The tenth year of the transportation plan. 

‘‘(B) The attainment date set forth in the applicable implementation plan 

for the air pollutant concerned. 

‘‘(C) The year after the completion of a regionally significant project, if 

the project will be programmed in the transportation improvement program 

or requires approval before the subsequent conformity determination. 

Such conformity determination shall be accompanied by a regional emissions 

analysis for any years of the transportation plan that extend beyond such final 

conformity date. In the 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 October 

1, 2003), or has approved the revision, the demonstration of conformity (at the 

election of the metropolitan planning organization and an air pollution control 

agency, as defined in section 302(b), if such air pollution control agency is responsible for developing plans or controlling pollution within the area covered 

by the transportation plan) and the metropolitan planning organization shall be 

required to extend only through the last year of the implementation plan required under section 175A(b).’’. 

(d) SUBSTITUTION OF TRANSPORTATION CONTROL MEASURES.—Subsection 176(c) of 

the Clean Air Act (42 U.S.C. 7506(c)) is amended by adding at the end the end the 

following new paragraph: 

‘‘(8)(A) Transportation control measures that are specified in an implementation plan may be replaced in the implementation plan with substitute transportation control measures if— 

‘‘(i) the substitute measures achieve equivalent or greater emission reductions than the control measures to be replaced, as determined by the Administrator; 

‘‘(ii) the substitute measures utilize an emissions impact analysis that is 

consistent with the current methodology used for evaluating replaced control measures in the implementation plan; 

228 

‘‘(iii) the substitute control measures are implemented not later than the 

date on which such emission reductions are necessary to achieve the purpose of the implementation plan; 

‘‘(iv) the substitute control measures were developed with reasonable public notice and the opportunity for comments; and 

‘‘(v) the metropolitan planning organization finds that adequate funding 

is included in the transportation improvement program to ensure timely 

implementation of the substitute control measures. 

‘‘(B) After the requirements of subparagraph (A) are met, a State may adopt 

the substitute measures in the applicable implementation plan within a reasonable period of time. 

‘‘(C) The substitution of a transportation control measure in accordance with 

this paragraph shall not be contingent on the existence of any provision in the 

applicable implementation plan that expressly permits such substitution. 

‘‘(D) The substitution 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 applicable implementation plan. 

‘‘(E) 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. 

‘‘(F) Adoption of a substitute control measure shall constitute rescission of the 

previously applicable control measure. 

Transportation control measures may be added to an implementation plan subject 

to subparagraphs (B), (C), and (D), on the same basis as if such measures were substitute transportation control measures if such measures do not increase emissions 

for which limitations have been established in an implementation plan, and such 

measures meet the requirements of clauses (ii), (iii), (iv), and (v) of subparagraph 

(A).’’. 

(e) LAPSE OF CONFORMITY.—Subsection (c) of section 176 of the Clean Air Act (42 

U.S.C. 7506(c)) is amended by adding the following new paragraphs at the end 

thereof: 

‘‘(9) LAPSE OF CONFORMITY.—If a conformity determination required under 

this subsection for a transportation plan under section 5213(g) of title 49 of the 

United States Code or a transportation improvement program under section 

5213(h) of title 49 of the United States Code is not made by the applicable deadline and such failure is not corrected by additional measures to either reduce 

motor vehicle emissions sufficient to demonstrate compliance with the requirements of this subsection within 12 months after such deadline or other measures sufficient to correct such failures, the transportation plan shall lapse. 

‘‘(10) LAPSE.—The term ‘lapse’ means that the conformity determination for 

a transportation plan or transportation improvement program has expired, and 

thus there is no currently conforming transportation plan or transportation improvement program.’’. 

SEC. 1825. ELIGIBILITY TO PARTICIPATE IN WESTERN ALASKA COMMUNITY DEVELOPMENT 

QUOTA PROGRAM. 

A community is deemed to be eligible to participate in the western Alaska community development quota program established under section 305(i) of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)) if the community— 

(1) is listed in table 7 to part 679 of title 50, Code of Federal Regulations, 

as in effect on March 8, 2004; or 

(2) was determined to be eligible participate in such program by the National 

Marine Fisheries Service on April 19, 1999. 

SEC. 1826. METROPOLITAN REGIONAL FREIGHT AND PASSENGER TRANSPORTATION STUDY. 

(a) IN GENERAL.—The Secretary shall enter into an agreement with a partnership 

comprised of 2 institutions of higher learning to study metropolitan regional freight 

and passenger transportation and system-wide performance utilizing an interdisciplinary technique of supply chain management, geographic information systems, and urban/suburban planning and management. 

(b) CONTENTS OF STUDY.—The study under this section shall include, at a minimum, evaluations of— 

(1) best practices for regional transportation operations and management; 

(2) relationships among truck trip generation and economic activities; 

(3) spatial analysis of the distribution of economic activity and transportation 

investments; 

(4) congestion mitigation and management of air quality through the concentration of modeling and technology; 

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(5) supply chain management and geographic information systems; and 

(6) infrastructure management and renewal. 

(c) FEDERAL SHARE.—The Federal share of the cost of the study under this section 

shall be 100 percent. 

(d) FUNDING.—Of the amounts made available to carry out section 1305 for each 

of fiscal years 2005 through 2009, $1,800,000 shall be made available to carry out 

this section. 

SEC. 1827. INTERMODAL TRANSPORTATION FACILITY EXPANSION. 

Any Federal and non-Federal share provided for the Port of Anchorage for an 

intermodal transportation marine facility or for access to that facility shall be transferred to and administered by the Administrator of the Maritime Administration. 

SEC. 1828. ADVANCED TRUCK STOP ELECTRIFICATION SYSTEM. 

(a) DEFINITION.—Section 101(a) of title 23, United States Code, as amended by 

section 1202 of this Act, is further amended by adding at the end the following: 

‘‘(40) ADVANCED TRUCK STOP ELECTRIFICATION SYSTEM.—The term ‘advanced 

truck stop electrification system’ means a stationary system that delivers heat, 

air conditioning, electricity, and communications, and is capable of providing 

verifiable evidence of use of those services, to a heavy-duty vehicle and any occupants of the heavy-duty vehicle without relying on components mounted onboard the heavy-duty vehicle for delivery of those services.’’. 

(b) ELIGIBILITY UNDER STP.—Section 133(b)(6) of such title is amended by inserting ‘‘, including advanced truck stop electrification systems’’ before the period at the 

end. 

SEC. 1829. TECHNOLOGY. 

States are encouraged to consider using a non-destructive technology able to detect cracks including sub-surface flaws as small as 0.005 inches in length or depth 

in steel bridges. 

SEC. 1830. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM AXLE WEIGHT RESTRICTIONS. 

Section 1023(h)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 

(23 U.S.C. 127 note; 106 Stat. 1552) is amended by striking ‘‘2005’’ and inserting 

‘‘2009’’. 

SEC. 1831. MOTORCYCLIST ADVISORY COUNCIL. 

(a) IN GENERAL.—The Secretary, acting through the Administrator of the Federal 

Highway Administration, in consultation with the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Environment 

and Public Works of the Senate, shall appoint a Motorcyclist Advisory Council to 

coordinate with and advise the Administrator on infrastructure issues of concern to 

motorcyclists, including— 

(1) barrier design; 

(2) road design, construction, and maintenance practices; and 

(3) the architecture and implementation of intelligent transportation system 

technologies. 

(b) COMPOSITION.—The Council shall consist of not more than 10 members of the 

motorcycling community with professional expertise in national motorcyclist safety 

advocacy, including— 

(1) at least— 

(A) 1 member recommended by a national motorcyclist association; 

(B) 1 member recommended by a national motorcycle riders foundation; 

(C) 1 representative of the National Association of State Motorcycle Safety Administrators; 

(D) 2 members of State motorcyclists’ organizations; 

(E) 1 member recommended by a national organization that represents 

the builders of highway infrastructure; 

(F) 1 member recommended by a national association that represents the 

traffic safety systems industry; and 

(G) 1 member of a national safety organization; and 

(2) at least 1, and not more than 2, motorcyclists who are traffic system design engineers or State transportation department officials. 

SEC. 1832. SHARING OF MONETARY RECOVERIES. 

Notwithstanding any other provision of law, monetary judgments accruing to the 

Government from judgments in Federal criminal prosecutions and civil proceedings 

pertaining to fraud in Federally funded highway and public transportation projects 

and programs shall be treated as follows: 

230 

(1) Any amount less than or equal to the single damages incurred as the result of such fraud shall be credited to the Federal account from which the funds 

for the project or program that is at issue in the fraud came, except to the extent that such Federal account has been credited as the result of any judgment 

in favor of a grant recipient. 

(2) Any amount in excess of the amount credited pursuant to paragraph (1) 

shall be shared with the State or other recipient involved if— 

(A) the State or other recipient enters into a legally binding agreement 

with the Secretary to use the funds for a purpose eligible for Federal assistance under title 23 or chapter 53 of title 49, United States Code, as the case 

may be; 

(B) the amount to be shared with the State or other recipient is determined by the Attorney General, in consultation with the Secretary; and 

(C) the Attorney General, in consultation with the Secretary, determines 

that the fraud did not occur as a result of negligent oversight or actual involvement in the fraud by the State or other recipient or any senior official 

of the State or other recipient. 

SEC. 1833. ELIGIBILITY UNDER CMAQ. 

Section 149(b)(4) of title 23, United States Code is amended by inserting ‘‘, including advanced truck stop electrification systems,’’ after ‘‘facility or program’’. 

SEC. 1834. SENSE OF CONGRESS REGARDING BUY AMERICA. 

It is the sense of Congress that— 

(1) the Buy America test required by section 165 of the Surface Transportation Assistance Act of 1982 (23 U.S.C. 101 note) needs to be applied to an entire bridge project and not only to component parts of such project; 

(2) the law clearly states that domestic materials must be used in Federal 

highway projects unless there is a finding that the inclusion of domestic materials will increase the cost of the overall project by more than 25 percent; 

(3) uncertainty regarding how to apply Buy America laws for major bridge 

projects threatens the domestic bridge industry; 

(4) the Nation’s unemployment rate continues to hover around 5.6 percent, 

steps are needed to protect American workers and the domestic bridge building 

industry; and 

(5) the Buy American Act (41 U.S.C. 10a et seq.) was designed to ensure that, 

when taxpayer money is spent on direct Federal Government procurement and 

infrastructure projects, these expenditures stimulate United States production 

and job creation. 

SEC. 1835. COMMUNITY ENHANCEMENT STUDY. 

(a) IN GENERAL.—The Secretary shall conduct a study on— 

(1) the role of well-designed transportation projects in— 

(A) promoting economic development; 

(B) protecting public health, safety and the environment; and 

(C) enhancing the architectural design and planning of communities; and 

(2) the positive economic, cultural, aesthetic, scenic, architectural, and environmental benefits of such projects for communities. 

(b) CONTENTS.—The study shall address the following: 

(1) The degree to which well-designed transportation projects have positive 

economic, cultural, aesthetic, scenic, architectural, and environmental benefits 

for communities. 

(2) The degree to which such projects protect and contribute to improvements 

in public health and safety. 

(3) The degree to which such projects use inclusive public participation processes to achieve quicker, more certain, and better results. 

(4) The degree to which positive results are achieved by linking transportation, design, and the implementation of community visions for the future. 

(5) Facilitating the use of successful models or best practices in transportation 

investment or development to accomplish each of the following: 

(A) Enhancement of community identity. 

(B) Protection of public health and safety. 

(C) Provision of a variety of choices in housing, shopping, transportation, 

employment, and recreation. 

(D) Preservation and enhancement of existing infrastructure. 

(E) Creation of a greater sense of community through public involvement. 

(c) REPORT.—Not later than September 20, 2006, the Secretary shall transmit to 

the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report 

on the results of the study. 

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(d) ADMINISTRATION.—To carry out this section, the Secretary shall make a grant 

to, or enter into a cooperative agreement or contract with, a national organization 

representing architects who have expertise in the design of a wide range of transportation and infrastructure projects, which include the design of buildings, public 

facilities, and surrounding communities. 

(e) AUTHORIZATION.—Of the amounts made available to carry out section 1221 of 

the Transportation Equity Act for the 21st Century (23 U.S.C. 101 note), $1,000,000 

shall be available for each of fiscal year 2005 and fiscal year 2006 to carry out this 

section; except that notwithstanding section 1221(e)(2) of such Act, the Federal 

share of the cost of the study shall be 100 percent. 

SEC. 1836. TRANSPORTATION AND LOCAL WORKFORCE INVESTMENT. 

(a) FINDINGS.—Congress finds the following: 

(1) Federal-aid highway programs provide State and local governments and 

other recipients substantial funds for projects that produce significant employment and job-training opportunities. 

(2) Every $1,000,000,000 in Federal infrastructure investment creates an estimated 47,500 jobs. 

(3) Jobs in transportation construction, including apprenticeship positions, 

typically pay more than twice the minimum wage, and include health and other 

benefits. 

(4) Transportation projects provide the impetus for job training and employment opportunities for low income individuals residing in the area in which a 

transportation project is planned. 

(5) Transportation projects can offer young people, particularly those who are 

economically disadvantaged, the opportunity to gain productive employment. 

(6) The Alameda Corridor, a $2,400,000,000 transportation project, is an example of a transportation project that included a local hiring provision resulting 

in a full 30 percent of the project jobs being filled by locally hired and trained 

men and women. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that Federal transportation 

projects should facilitate and encourage the collaboration between interested persons, including State, Federal, and local governments, community colleges, apprentice programs, local high schools, and other community based organizations that 

have an interest in improving the job skills of low-income individuals, to help leverage scarce training and community resources and to help ensure local participation 

in the building of transportation projects. 

SEC. 1837. SPECIAL RULE FOR FISCAL YEAR 2004. 

In any case in which an amount is authorized to be appropriated, made available, 

allocated, set aside, taken down, or subject to an obligation limitation for fiscal year 

2004 for a program, project, or activity in any provision of this title, including an 

amendment made by this title, that is different than the amount authorized to be 

appropriated, made available, allocated, set aside, taken down, or subject to an obligation limitation for fiscal year 2004 for such program, project, or activity in any 

provision of the Surface Transportation Extension Act of 2004, Part V (Public Law 

108–310), including any amendment made by such Act, the amount referred to in 

such Act shall be the amount authorized to be appropriated, made available, allocated, set aside, taken down, or subject to an obligation limitation. 

TITLE II—HIGHWAY SAFETY 

SEC. 2001. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—The following sums are authorized to be appropriated out of the 

Highway Trust Fund (other than the Mass Transit Account): 

(1) HIGHWAY SAFETY PROGRAMS.—For carrying out section 402 of title 23, 

United States Code, $164,027,000 for fiscal year 2004, $163,680,000 for fiscal 

year 2005, $229,000,000 for fiscal year 2006, $232,000,000 for fiscal year 2007, 

$238,000,000 for fiscal year 2008, and $245,000,000 for fiscal year 2009. 

(2) OCCUPANT PROTECTION INCENTIVE GRANTS.—For carrying out section 405 

of title 23, United States Code, $19,882,000 for fiscal year 2004, $19,840,000 for 

fiscal year 2005, $136,000,000 for fiscal year 2006, $139,000,000 for fiscal year 

2007, $143,000,000 for fiscal year 2008, and $150,000,000 for fiscal year 2009. 

(3) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE GRANT PROGRAM.—For carrying out section 410 of title 23, United States Code, $39,764,000 

for fiscal year 2004, $39,680,000 for fiscal year 2005, $129,000,000 for fiscal 

year 2006, $133,000,000 for fiscal year 2007, $138,000,000 for fiscal year 2008, 

and $144,000,000 for fiscal year 2009. 

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(4) STATE TRAFFIC SAFETY INFORMATION IMPROVEMENTS.—For carrying out 

section 412 of title 23, United States Code, $30,000,000 for fiscal year 2006, 

$35,000,000 for fiscal year 2007, $40,000,000 for fiscal year 2008, and 

$40,000,000 for fiscal year 2009. 

(5) NATIONAL DRIVER REGISTER.—For carrying out chapter 303 of title 49, 

United States Code, by the National Highway Traffic Safety Administration, 

$3,976,000 for fiscal year 2004, $3,968,000 for fiscal year 2005, and $4,000,000 

for each of fiscal years 2006 through 2009. 

(6) HIGH VISIBILITY ENFORCEMENT PROGRAM.—For carrying out section 2005 

of this title, $15,000,000 for each of fiscal years 2006 through 2009. 

(b) APPLICABILITY OF TITLE 23.—Except as otherwise provided in chapter 4 of title 

23, United States Code, and this title, amounts made available under subsection (a) 

for each of fiscal years 2004 through 2009 shall be available for obligation in the 

same manner as if such funds were apportioned under chapter 1 of title 23, United 

States Code. 

(c) TRANSFERS.—In each fiscal year, the Secretary may transfer any amounts remaining available under paragraph (2), (3), or (4) of subsection (a) to the amounts 

made available under any other of such paragraphs in order to ensure, to the maximum extent possible, that each State receives the maximum incentive funding for 

which the State is eligible under sections 405, 410, and 412 of title 23, United 

States Code. 

SEC. 2002. OCCUPANT PROTECTION INCENTIVE GRANTS. 

(a) GENERAL AUTHORITY.—Section 405(a) of title 23, United States Code, is 

amended— 

(1) in paragraph (2) by striking ‘‘Transportation Equity Act for the 21st Century’’ and inserting ‘‘Transportation Equity Act: A Legacy for Users’’; 

(2) in paragraph (3) by striking ‘‘1997’’ and inserting ‘‘2003’’; and 

(3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting after ‘‘years’’ the following: ‘‘beginning after September 30, 2003,’’. 

(b) GRANT ELIGIBILITY.—Section 405(b) of title 23, United States Code, is amended 

by striking ‘‘A State shall become eligible’’ and inserting the following: ‘‘A State 

shall be eligible for a grant under this section if the State has a seat belt usage 

rate of 85 percent or greater as of the date of the grant, as determined by the Secretary. A State shall also become eligible’’. 

(c) GRANT AMOUNTS.—Section 405(c) of title 23, United States Code, is amended— 

(1) by striking ‘‘25 percent’’ and inserting ‘‘100 percent’’; and 

(2) by striking ‘‘1997’’ and inserting ‘‘2003’’. 

SEC. 2003. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES. 

(a) GENERAL AUTHORITY.—Section 410(a) of title 23, United States Code, is 

amended— 

(1) in paragraph (2) by striking ‘‘Transportation Equity Act for the 21st Century’’ and inserting ‘‘Transportation Equity Act: A Legacy for Users’’; 

(2) in paragraph (3) by striking ‘‘1997’’ and inserting ‘‘2003’’; and 

(3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting after ‘‘years’’ the following: ‘‘beginning after September 30, 2003,’’. 

(b) BASIC GRANT A.—Section 410(b)(1) of title 23, United States Code, is amended— 

(1) by striking ‘‘A State shall become eligible’’ and inserting the following: ‘‘A 

State shall be eligible for a grant under this paragraph if the State has an alcohol-related fatality rate per 100,000,000 vehicle miles traveled of 0.5 or less as 

of the date of the grant, as determined by the Secretary using the Fatality 

Analysis Reporting System of the National Highway Traffic Safety Administration. A State shall also become eligible’’; 

(2) by striking ‘‘at least 5 of the following’’ and inserting ‘‘at least 6 of the 

following for fiscal year 2005 and fiscal year 2006 and at least 7 of the following 

for each fiscal year thereafter’’; 

(3) in subparagraph (A)— 

(A) by striking ‘‘and’’ at the end of clause (i)(II); 

(B) by striking the period at the end of clause (ii) and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(iii) the suspension referred to under clause (i)(I) may allow an individual to operate a motor vehicle, after the 15-day period beginning on 

the date of the suspension, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on 

each of the motor vehicles owned or operated, or both, by the individual; and 

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‘‘(iv) the suspension and revocation referred to under clause (i)(II) 

may allow an individual to operate a motor vehicle, after the 45-day period beginning on the date of the suspension or revocation, to and from 

employment, school, or an alcohol treatment program if an ignition 

interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual.’’; 

(4) in subparagraph (B)— 

(A) by striking ‘‘may include the issuance’’ and inserting the following: 

‘‘may include— 

‘‘(i) the issuance’’; and 

(B) by striking the period at the end and inserting ‘‘; and’’ and the following: 

‘‘(ii) a program provided by a nonprofit organization for training point 

of sale personnel concerning, at a minimum, the following: 

‘‘(I) the clinical effects of alcohol; 

‘‘(II) methods of preventing second party sales of alcohol; 

‘‘(III) recognizing signs of intoxication; 

‘‘(IV) methods to prevent underage drinking; 

‘‘(V) Federal, State, and local laws that are relevant to such personnel.’’; 

(5) by striking subparagraph (F) and inserting the following: 

‘‘(F) OUTREACH PROGRAM.—A judicial and prosecutorial education, training, and outreach program that provides information on the appropriateness and effectiveness of sentencing options.’’; and 

(6) by adding at the end the following: 

‘‘(H) SELF-SUSTAINING DRUNK DRIVING PREVENTION PROGRAM.—A self-sustaining drunk driving prevention program under which a significant portion 

of the fines or surcharges collected from individuals apprehended and fined 

for operating a motor vehicle while under the influence of alcohol are returned to those communities that have comprehensive programs for the 

prevention of such operations of motor vehicles. 

‘‘(I) PROGRAMS FOR EFFECTIVE ALCOHOL REHABILITATION.—A program for 

effective inpatient and outpatient alcohol rehabilitation based on mandatory 

assessment and appropriate treatment for repeat offenders described in 

subparagraph (A)(i)(II). 

‘‘(J) PROGRAM FOR THE IMPOUNDMENT OF VEHICLES.—A program to impound a vehicle operated by a person who is arrested for operating that vehicle while under the influence of alcohol.’’. 

(c) BASIC GRANT B.—Section 410(b) of title 23, United States Code, is amended— 

(1) by striking paragraph (2) and inserting the following: 

‘‘(2) BASIC GRANT B.—A State shall become eligible for a grant under this 

paragraph if the State— 

‘‘(A) has an alcohol-related fatality rate per 100,000,000 vehicle miles 

traveled of 0.8 or more as of the date of the grant, as determined by the 

Secretary using the Fatality Analysis Reporting System of the National 

Highway Traffic Safety Administration; and 

‘‘(B) establishes, subject to such requirements as the Secretary may prescribe, a task force to evaluate and recommend changes to the State’s drunk 

driving programs.’’; and 

(2) in paragraph (3)— 

(A) by striking ‘‘25 percent’’ and inserting ‘‘100 percent’’; and 

(B) by striking ‘‘1997’’ and inserting ‘‘2003’’. 

(d) SUPPLEMENTAL GRANTS.—Section 410(c) of title 23, United States Code, is 

amended to read as follows: 

‘‘(c) ALLOCATION FOR BASIC GRANT B.—Not more than $20,000,000 per fiscal year 

of amounts made available to carry out this section shall be available for making 

grants under subsection (b)(2).’’. 

(e) EFFECTIVE DATE.—The amendments made by this section shall take effect on 

September 30, 2005. 

SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS. 

(a) IN GENERAL.—Chapter 4 of title 23, United States Code, is amended by adding 

at the end the following: 

‘‘§ 412. State traffic safety information system improvements 

‘‘(a) GENERAL AUTHORITY.— 

‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject to the requirements of this section, 

the Secretary shall make grants to States that adopt and implement effective 

programs to— 

234 

‘‘(A) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data of the State that is needed to identify priorities for national, State, and local highway and traffic safety programs; 

‘‘(B) evaluate the effectiveness of efforts to make such improvements; 

‘‘(C) link these State data systems, including traffic records, with other 

data systems within the State, such as systems that contain medical, roadway, and economic data; and 

‘‘(D) improve the compatibility and interoperability of the data systems 

of the State with national data systems and data systems of other States 

and enhance the ability of the Secretary to observe and analyze national 

trends in crash occurrences, rates, outcomes, and circumstances. 

‘‘(2) USE OF GRANTS.—A State may use a grant received under this section 

only to implement such programs. 

‘‘(3) MODEL DATA ELEMENTS.—The Secretary, in consultation with States and 

other appropriate parties, shall determine the model data elements necessary 

to observe and analyze State and national trends in crash occurrences, rates, 

outcomes, and circumstances. In order to become eligible for a grant under this 

section, a State shall certify to the Secretary the State’s adoption and use of 

such model data elements. 

‘‘(4) MAINTENANCE OF EFFORT.—No grant may be made to a State under this 

section in any fiscal year unless the State enters into such agreements with the 

Secretary as the Secretary may require ensuring that the State will maintain 

its aggregate expenditures from all other sources for highway safety data programs at or above the average level of such expenditures in the 2 fiscal years 

preceding the date of enactment of this section. 

‘‘(5) FEDERAL SHARE.—The Federal share of the cost of implementing in a fiscal year a program of a State pursuant to paragraph (1) shall not exceed 80 

percent. 

‘‘(b) FIRST-YEAR GRANTS.—To be eligible for a first-year grant under this section, 

a State shall demonstrate to the satisfaction of the Secretary that the State has— 

‘‘(1) established a highway safety data and traffic records coordinating committee with a multidisciplinary membership that includes, among others, managers, collectors, and users of traffic records and public health and injury control data systems; and 

‘‘(2) developed a multiyear highway safety data and traffic records system 

strategic plan that addresses existing deficiencies in the State’s highway safety 

data and traffic records system and is approved by the highway safety data and 

traffic records coordinating committee and— 

‘‘(A) specifies how existing deficiencies in the State’s highway safety data 

and traffic records system were identified; 

‘‘(B) prioritizes, based on the identified highway safety data and traffic 

records system deficiencies, the highway safety data and traffic records system needs and goals of the State, including the activities described in subsection (a)(1); 

‘‘(C) identifies performance-based measures by which progress toward 

those goals will be determined; 

‘‘(D) specifies how the grant funds and any other funds of the State will 

be used to address needs and goals identified in the multiyear plan; and 

‘‘(E) includes a current report on the progress in implementing the 

multiyear plan that documents progress toward the specified goals. 

‘‘(c) SUCCEEDING-YEAR GRANTS.— 

‘‘(1) ELIGIBILITY.—A State shall be eligible for a grant under this section in 

a fiscal year succeeding the first fiscal year in which the State receives a grant 

under subsection (b) if the State, to the satisfaction of the Secretary— 

‘‘(A) submits an updated multiyear plan that meets the requirements of 

subsection (b)(2); 

‘‘(B) certifies that its highway safety data and traffic records coordinating 

committee continues to operate and supports the multiyear plan; 

‘‘(C) specifies how the grant funds and any other funds of the State will 

be used to address needs and goals identified in the multiyear plan; 

‘‘(D) demonstrates measurable progress toward achieving the goals and 

objectives identified in the multiyear plan; and 

‘‘(E) includes a current report on the progress in implementing the 

multiyear plan. 

‘‘(d) GRANT AMOUNTS.— 

‘‘(1) IN GENERAL.—The amount of a grant made to a State for a fiscal year 

under this section shall equal an amount determined by multiplying— 

235 

‘‘(A) the amount appropriated to carry out this section for such fiscal 

year; by 

‘‘(B) the ratio that the funds apportioned to the State under section 402 

for fiscal year 2003 bears to the funds apportioned to all States under section 402 for fiscal year 2003. 

‘‘(2) MINIMUM AMOUNT.—Notwithstanding subparagraph (A)— 

‘‘(A) a State eligible for a first-year grant under this section shall not receive less than $300,000; and 

‘‘(B) a State eligible for a succeeding-year grant under this section shall 

not receive less than $500,000. 

‘‘(e) ADMINISTRATIVE EXPENSES.—Funds authorized to be appropriated to carry out 

this section in a fiscal year shall be subject to a deduction not to exceed 5 percent 

for the necessary costs of administering the provisions of this section. 

‘‘(f) APPLICABILITY OF CHAPTER 1.—The provisions contained in section 402(d) 

shall apply to this section.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 4 of title 23, United 

States Code, is amended by adding at the end the following: 

‘‘412. State traffic safety information system improvements.’’. 

SEC. 2005. HIGH VISIBILITY ENFORCEMENT PROGRAM. 

The Secretary shall establish a program to support national impaired driving mobilization and enforcement efforts and national safety belt mobilization and enforcement, including the purchase of national paid advertisement (including production 

and placement) to support such efforts. 

SEC. 2006. MOTORCYCLE CRASH CAUSATION STUDY. 

(a) IN GENERAL.—Using funds made available to carry out section 403 of title 23, 

United States Code, the Secretary shall conduct a study of the causes of motorcycle 

crashes. 

(b) REPORT.—Not later than 3 years after the date of enactment of this Act, the 

Secretary shall transmit to Congress a report on the results of the study. 

SEC. 2007. CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE GRANTS. 

(a) GENERAL AUTHORITY.—Subject to the requirements of this section, the Secretary shall make grants to States that enact or have enacted and are enforcing a 

law requiring that children riding in passenger motor vehicles who are too large to 

be secured in a child safety seat be secured in a child restraint that meets the requirements prescribed by the Secretary under section 3 of Anton’s Law (116 Stat. 

2772). 

(b) MAINTENANCE OF EFFORT.—No grant may be made to a State under this section in a fiscal year unless the State enters into such agreements with the Secretary 

as the Secretary may require to ensure that the State will maintain its aggregate 

expenditures from all other sources for child safety seat and child booster seat programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this Act. 

(c) FEDERAL SHARE.—The Federal share of the cost of implementing and enforcing 

in a fiscal year a law adopted by a State under subsection (a) shall not exceed— 

(1) for the first 3 fiscal years for which a State receives a grant under this 

section, 75 percent; and 

(2) for the fourth fiscal year for which a State receives a grant under this section, 50 percent. 

(d) GRANT ELIGIBILITY.— 

(1) IN GENERAL.—A State is eligible for a grant under this section if the State 

has in effect and enforces a law described in subsection (a). 

(2) MAXIMUM PERIOD OF ELIGIBILITY.—No State may receive grants under this 

section in more than 4 fiscal years beginning after September 30, 2005. 

(e) ELIGIBLE USES OF FUNDS.—A State may use a grant under this section only 

to carry out child safety seat and child booster seat programs, including the following: 

(1) A program to educate the public concerning the proper use and installation of child safety seats and child booster seats. 

(2) A program to train child passenger safety professionals, police officers, fire 

and emergency medical personnel, and educators concerning all aspects of the 

use of child safety seats and booster seats. 

(3) A program to purchase and distribute child safety seats, child booster 

seats, and other appropriate passenger motor vehicle child restraints to families 

that cannot otherwise afford such seats or restraints. 

(4) A program to support enforcement of child restraint laws. 

236 

(f) GRANT AMOUNT.—The amount of a grant to a State for a fiscal year under this 

section may not exceed 25 percent of the amount apportioned to the State for fiscal 

year 2003 under section 402 of title 23, United States Code. 

(g) ADMINISTRATIVE EXPENSES.—Funds authorized to be appropriated to carry out 

this section in a fiscal year shall be subject to a deduction not to exceed 2.5 percent 

for the necessary costs of administering the provisions of this section. 

(h) APPLICABILITY OF CHAPTER 1.—The provisions contained in section 402(d) of 

title 23, United States Code, apply to this section. 

(i) REPORT.—Each State to which a grant is made under this section shall transmit to the Secretary a report documenting the manner in which grant amounts were 

obligated and expended and identifying the specific programs carried out with or 

supported by grant funds. The report shall be in a form prescribed by the Secretary 

and may be combined with other State grant reporting requirements under of chapter 4 of title 23, United States Code. 

(j) DEFINITIONS.—In this section, the following definitions apply: 

(1) CHILD RESTRAINT.—The term ‘‘child restraint’’ means any product designed 

to provide restraint to a child (including booster seats and other products used 

with a lap and shoulder belt assembly) that meets applicable Federal motor vehicle safety standards prescribed by the National Highway Traffic Safety Administration. 

(2) CHILD SAFETY SEAT.—The term ‘‘child safety seat’’ has the meaning such 

term has in section 405(f) of title 23, United States Code. 

(3) PASSENGER MOTOR VEHICLE.—The term ‘‘passenger motor vehicle’’ has the 

meaning such term has in such section 405(f). 

(4) STATE.—The term ‘‘State’’ has the meaning such term has in section 101 

(a) of such title. 

(k) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to carry out this section from the Highway Trust Fund (other than the Mass Transit 

Account) $6,000,000 for each of fiscal years 2006 through 2008 and $7,000,000 for 

fiscal year 2009. 

SEC. 2008. MOTORCYCLIST SAFETY. 

(a) AUTHORITY TO MAKE GRANTS.—Subject to the requirements of this section, the 

Secretary shall make grants to States that adopt and implement effective programs 

to reduce the number of single- and multi-vehicle crashes involving motorcyclists. 

(b) MAINTENANCE OF EFFORT.—No grant may be made to a State under this section in a fiscal year unless the State enters into such agreements with the Secretary 

as the Secretary may require to ensure that the State will maintain its aggregate 

expenditures from all the other sources for motorcyclist safety training programs 

and motorcyclist awareness programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this Act. 

(c) MAXIMUM PERIOD OF ELIGIBILITY.—No State may receive grants under this 

section in more than 4 fiscal years beginning after September 30, 2005. 

(d) FEDERAL SHARE.—The Federal share of the cost of implementing and enforcing, as appropriate, in a fiscal year a program adopted by a State in accordance with 

subsection (a) shall not exceed— 

(1) for the first 3 years for which a State receives a grant under this section, 

75 percent; and 

(2) for the fourth fiscal year for which a State receives a grant under this section, 50 percent. 

(e) GRANT ELIGIBILITY.— 

(1) IN GENERAL.—A State becomes eligible for a grant under this section by 

adopting or demonstrating to the satisfaction of the Secretary— 

(A) for the first fiscal year for which the State will receive a grant under 

this section, at least 1 of the 6 criteria listed in paragraph (2); 

(B) for the second, third, and fourth fiscal years for which the State will 

receive a grant under this section, at least 2 of the 6 criteria listed in paragraph (2); and 

(C) for any subsequent fiscal years for which the State will receive a 

grant under this section, at least 3 of the 6 criteria listed in paragraph (2). 

(2) CRITERIA.—The criteria for eligibility for a grant under this section are the 

following: 

(A) MOTORCYCLE RIDER TRAINING COURSES.—An effective motorcycle rider 

training course that is offered throughout the State, provides a formal program of instruction in accident avoidance and other safety-oriented operational skills to motorcyclists, and may include innovative training opportunities to meet unique regional needs. 

(B) MOTORCYCLISTS AWARENESS PROGRAM.—An effective statewide program to enhance motorist awareness of the presence of motorcyclists on or 

237 

near roadways and safe driving practices that avoid injuries to motorcyclists. 

(C) REDUCTION OF FATALITIES AND CRASHES INVOLVING MOTORCYCLES.— 

A reduction for the preceding calendar year in the number of motorcycle fatalities and the rate of motor vehicle crashes involving motorcycles in the 

State (expressed as a function of 10,000 motorcycle registrations). 

(D) IMPAIRED DRIVING PROGRAM.—Implementation of a statewide program 

to reduce impaired driving, including specific measures to reduce impaired 

motorcycle operation. 

(E) REDUCTION OF FATALITIES AND ACCIDENTS INVOLVING IMPAIRED MOTORCYCLISTS.—A reduction for the preceding calendar year in the number 

of fatalities and the rate of reported crashes involving alcohol- or drug-impaired motorcycle operators (expressed as a function of 10,000 motorcycle 

registrations). 

(F) FEES COLLECTED FROM MOTORCYCLISTS.—All fees collected by the 

State from motorcyclists for the purposes of funding motorcycle training 

and safety programs are used for motorcycle training and safety programs. 

(f) ELIGIBLE USES.— 

(1) IN GENERAL.—A State may use funds from a grant under this section only 

for motorcyclist safety training and motorcyclist awareness programs, including— 

(A) improvements to motorcyclist safety training curricula; 

(B) improvements in program delivery of motorcycle training to both 

urban and rural areas, including— 

(i) procurement or repair of practice motorcycles; 

(ii) instructional materials; 

(iii) mobile training units; and 

(iv) leasing or purchase of facilities for classroom instruction and 

closed-course skill training; 

(C) measures designed to increase the recruitment or retention of motorcyclist safety training instructors; and 

(D) public awareness, public service announcements, and other outreach 

programs to enhance motorcyclist awareness. 

(2) SUBALLOCATIONS OF FUNDS.—An agency that receives a grant under this 

section may suballocate funds from the grant to a nonprofit organization incorporated in that State to carry out under this section. 

(g) DEFINITIONS.—In this section, the following definitions apply: 

(1) MOTORCYCLIST SAFETY TRAINING.—The term ‘‘motorcyclist safety training’’ 

means a formal program of instruction that— 

(A) provides accident avoidance and other safety-oriented operational 

skills to motorcyclists; and 

(B) is approved for use in a State by the designated State authority having jurisdiction over motorcyclist safety issues. 

(2) MOTORCYCLIST AWARENESS.—The term ‘‘motorcyclist awareness’’ means individual or collective awareness of— 

(A) the presence of motorcycles on or near roadways; and 

(B) safe driving practices that avoid injury to motorcyclists. 

(3) MOTORCYCLIST AWARENESS PROGRAM.—The term ‘‘motorcyclist awareness 

program’’ means an informational or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordination with the 

designated State authority having jurisdiction over motorcyclist safety issues. 

(4) STATE.—The term ‘‘State’’ has the same meaning such term has in section 

101(a) of title 23, United States Code. 

(h) MAXIMUM GRANT AMOUNT.—The amount of a grant made to a State for a fiscal 

year under this section may not exceed 25 percent of the amount apportioned to the 

State for fiscal year 2003 under section 402 of title 23, United States Code. 

(i) ADMINISTRATIVE EXPENSES.—Funds authorized to be appropriated to carry out 

this section in a fiscal year shall be subject to a deduction by the Secretary not to 

exceed 5 percent for the necessary costs of administering the provisions of this section. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to 

carry out this section from the Highway Trust Fund (other than the Mass Transit 

Account) $6,000,000 for each of fiscal years 2006 through 2008 and $7,000,000 for 

fiscal year 2009. 

(k) APPLICABILITY OF TITLE 23.—Funds authorized under this section shall be 

available for obligation in the same manner as if the funds were apportioned under 

chapter 1 of title 23, United States Code; except that such funds shall not be transferable. 

238 

SEC. 2009. DRIVER FATIGUE. 

Section 402(a) of title 23, United States Code, is amended— 

(1) by striking ‘‘and’’ before ‘‘(6)’’; and 

(2) by inserting before the period the following: ‘‘; and (7) to reduce deaths 

and injuries resulting from persons driving motor vehicles while fatigued’’. 

SEC. 2010. AUTHORIZATION OF APPROPRIATIONS FOR HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—There is authorized to be appropriated out of the Highway 

Trust Fund (other than the Mass Transit Account) for carrying out section 403 of 

title 23, United States Code, $71,575,000 for fiscal year 2004, $71,424,000 for fiscal 

year 2005, and $75,000,000 for each of fiscal years 2006 through 2009. 

(b) APPLICABILITY OF TITLE 23.—Except as otherwise provided in chapter 4 of title 

23, United States Code, and this title, amounts made available under subsection (a) 

for each of fiscal years 2004 through 2009 shall be available for obligation in the 

same manner as if such funds were apportioned under chapter 1 of title 23, United 

States Code. 

SEC. 2011. SAFETY DATA. 

(a) IN GENERAL.—Using funds made available to carry out section 403 of title 23, 

United States Code, for fiscal years 2005 through 2009, the Secretary shall collect 

data and compile statistics on accidents involving motor vehicles being backed up 

that result in fatalities and injuries and that occur on public and nonpublic roads 

and residential and commercial driveways and parking facilities. 

(b) REPORT.—Not later than January 1, 2009, the Secretary shall transmit to the 

Committee on Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate a report on accidents described in subsection (a), including the data collected and statistics compiled under subsection (a) and any recommendations regarding measures to 

be taken to reduce the number of such accidents and the resulting fatalities and 

injuries. 

SEC. 2012. DRIVER PERFORMANCE STUDY. 

(a) IN GENERAL.—Using funds made available to carry out section 403 of title 23, United States Code, for fiscal year 2005, the Secretary shall make $1,000,000 available to conduct a study on the risks associated with glare to oncoming drivers, including increased risks to drivers on 2-lane highways, increased risks to drivers over 

the age of 50, and the overall effects of glare on driver performance. 

(b) REPORT.—Not later than 18 months after the date of enactment of this Act, 

the Secretary shall transmit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results of the study and any recommendations regarding measures to reduce the risks associated with glare to oncoming drivers. 

TITLE III—FEDERAL TRANSIT 

ADMINISTRATION PROGRAMS 

SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, UNITED STATES CODE. 

(a) SHORT TITLE.—This title may be cited as the ‘‘Federal Public Transportation 

Act of 2005’’. 

(b) AMENDMENTS TO TITLE 49, UNITED STATES CODE.—Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms 

of an amendment to, or repeal of, a section or other provision of law, the reference 

shall be considered to be made to a section or other provision of title 49, United 

States Code. 

SEC. 3002. POLICIES, FINDINGS, AND PURPOSES. 

(a) IN GENERAL.—Section 5301(a) is amended to read as follows: 

‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUBLIC TRANSPORTATION SYSTEMS.— 

It is in the interest of the United States to foster the development and revitalization 

of public transportation systems that— 

‘‘(1) maximize the safe, secure, and efficient mobility of individuals; 

‘‘(2) minimize environmental impacts; and 

‘‘(3) minimize transportation-related fuel consumption and reliance on foreign 

oil.’’. 

(b) PRESERVING THE ENVIRONMENT.—Section 5301(e) is amended— 

(1) by striking ‘‘an urban’’ and inserting ‘‘a’’; and 

(2) by striking ‘‘under sections 5309 and 5310 of this title’’. 

239 

(c) GENERAL PURPOSES.—Section 5301(f) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘mass’’ the first place it appears and inserting ‘‘public’’; 

and 

(B) by striking ‘‘public and private mass transportation companies’’ and 

inserting ‘‘both public transportation companies and private companies engaged in public transportation’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘urban mass’’ and inserting ‘‘public’’; and 

(B) by striking ‘‘public and private mass transportation companies’’ and 

inserting ‘‘both public transportation companies and private companies engaged in public transportation’’; 

(3) in paragraph (3)— 

(A) by striking ‘‘urban mass’’ and inserting ‘‘public’’; and 

(B) by striking ‘‘public or private mass transportation companies’’ and inserting ‘‘public transportation companies or private companies engaged in 

public transportation’’; and 

(4) in paragraph (5) by striking ‘‘urban mass’’ and inserting ‘‘public’’. 

SEC. 3003. DEFINITIONS. 

(a) LEAD-IN.—Section 5302(a) is amended in the matter preceding paragraph (1) 

by striking ‘‘In this chapter’’ and inserting ‘‘Except as otherwise specifically provided, in this chapter’’. 

(b) CAPITAL PROJECT.—Section 5302(a)(1) is amended— 

(1) in subparagraph (G) by inserting ‘‘construction, renovation, and improvement of intercity bus stations and terminals,’’ before ‘‘and the renovation and 

improvement of historic transportation facilities,’’; 

(2) in subparagraph (G)(ii) by inserting ‘‘(other than an intercity bus station 

or terminal)’’ after ‘‘commercial revenue-producing facility’’; 

(3) by striking ‘‘or’’ at the end of subparagraph (H); 

(4) by striking the period at the end of subparagraph (I) and inserting a semicolon; and 

(5) by adding at the end the following: 

‘‘(J) crime prevention and security— 

‘‘(i) including— 

‘‘(I) projects to refine and develop security and emergency response plans; 

‘‘(II) projects aimed at detecting chemical and biological agents in 

public transportation; 

‘‘(III) the conduct of emergency response drills with public transportation agencies and local first response agencies; and 

‘‘(IV) security training for public transportation employees; but 

‘‘(ii) excluding all expenses related to operations, other than such expenses incurred in conducting activities described in subclauses (III) 

and (IV); 

‘‘(K) establishment of a debt service reserve made up of deposits with a 

bondholders’ trustee in a noninterest bearing account for the purpose of ensuring timely payment of principal and interest on bonds issued by a grant 

recipient for purposes of financing an eligible project under this chapter; or 

‘‘(L) mobility management— 

‘‘(i) consisting of short-range planning and management activities 

and projects for improving coordination among public transportation 

and other transportation service providers carried out by a recipient or 

subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 

5309); but 

‘‘(ii) excluding operating public transportation services.’’. 

(c) INDIVIDUAL WITH A DISABILITY.—Section 5302(a)(5) is amended— 

(1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ in the heading and inserting ‘‘INDIVIDUAL WITH A DISABILITY’’; and 

(2) by striking ‘‘handicapped individual’’ and inserting ‘‘individual with a disability’’. 

(d) MASS TRANSPORTATION.—Section 5302(a)(7) is amended to read as follows: 

‘‘(7) MASS TRANSPORTATION.—The term ‘mass transportation’ means public 

transportation.’’. 

(e) PUBLIC TRANSPORTATION.—Section 5302(a)(10) is amended to read as follows: 

‘‘(10) PUBLIC TRANSPORTATION.—The term ‘public transportation’ means transportation by a conveyance that provides regular and continuing general or speVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00241 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
240 

cial transportation to the public, but does not include schoolbus, charter, or 

sightseeing transportation.’’. 

(f) URBANIZED AREA.—Section 5302(a)(17) is amended to read as follows: 

‘‘(17) URBANIZED AREA.—The term ‘urbanized area’ means an area encompassing a population of at least 50,000 people that has been defined and designated in the latest decennial census as an urbanized area by the Secretary 

of Commerce.’’. 

(g) AUTHORITY TO MODIFY DEFINITION.—Section 5302(b) is amended— 

(1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ in the heading and inserting ‘‘INDI- VIDUAL WITH A DISABILITY’’; and 

(2) by striking ‘‘handicapped individual’’ and inserting ‘‘individual with a disability’’. 

SEC. 3004. METROPOLITAN PLANNING. 

Section 5303 is amended to read as follows: 

‘‘§ 5303. Metropolitan planning 

‘‘(a) IN GENERAL.—Grants made under sections 5307, 5308, 5309, 5310, 5311, 

5316, and 5317 shall be carried out in accordance with the metropolitan planning 

provisions of chapter 52. 

‘‘(b) CERTIFICATION.— ‘‘(1) IN GENERAL.—The Secretary shall ensure and certify that each metropolitan planning organization in each transportation management area is carrying 

out its responsibilities under applicable laws of the United States. The Secretary may make the certification only if the organization is complying with 

chapter 52 and other applicable requirements of laws of the United States and 

the organization and chief executive officer have approved a transportation improvement program for the area. 

‘‘(2) LIMITATION ON WITHHOLDING CERTIFICATION.—The Secretary may not 

withhold certification based on the policies and criteria a metropolitan planning 

organization or mass transportation grant recipient establishes under section 

5306(a) for deciding the feasibility of private enterprise participation.’’. 

SEC. 3005. STATEWIDE PLANNING. 

(a) IN GENERAL.—Section 5304 is amended to read as follows: 

‘‘§ 5304. Statewide planning 

‘‘Grants made under sections 5307, 5308, 5309, 5310, 5311, 5316, and 5317 shall 

be carried out in accordance with the statewide planning provisions of chapter 52.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by striking the item relating to section 5304 and inserting the following: 

‘‘5304. Statewide planning.’’. 

SEC. 3006. PLANNING PROGRAMS. 

(a) IN GENERAL.—Section 5305 is amended to read as follows: 

‘‘§ 5305. Planning programs 

‘‘(a) STATE DEFINED.—In this section the term ‘State’ means a State of the United 

States, the District of Columbia, and Puerto Rico. 

‘‘(b) GENERAL AUTHORITY.— ‘‘(1) ASSISTANCE.—Under criteria to be established by the Secretary, the Secretary may provide assistance for— 

‘‘(A) the development of transportation plans and programs; 

‘‘(B) planning, engineering, designing, and evaluating a public transportation project; and 

‘‘(C) for other technical studies. 

‘‘(2) GRANTS, AGREEMENTS, AND CONTRACTS.—The Secretary may provide assistance under paragraph (1)— 

‘‘(A) by making grants to States, authorities of States, metropolitan planning organizations, and local governmental authorities; or 

‘‘(B) by making agreements with other departments, agencies, and instrumentalities of the Government. 

‘‘(3) ELIGIBLE ACTIVITIES.—Activities eligible for assistance under paragraph 

(1) include the following: 

‘‘(A) Studies related to management, planning, operations, capital requirements, and economic feasibility. 

‘‘(B) Evaluating previously financed projects. 

‘‘(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation 

planners. 

241 

‘‘(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and 

equipment. 

‘‘(c) PURPOSE.—To the extent practicable, the Secretary shall ensure that amounts 

appropriated or made available under section 5338 to carry out this section and sections 5303 and 5304 are used to support balanced and comprehensive transportation 

planning that considers the relationships among land use and all transportation 

modes, without regard to the programmatic source of the planning amounts. 

‘‘(d) METROPOLITAN PLANNING PROGRAM.— ‘‘(1) APPORTIONMENT TO STATES.— ‘‘(A) IN GENERAL.—The Secretary shall apportion 80 percent of the 

amounts made available under subsection (g)(1) among the States to carry 

out sections 5303 and 5306 in the ratio that— 

‘‘(i) the population of urbanized areas in each State, as shown by the 

latest available decennial census of population; bears to 

‘‘(ii) the total population of urbanized areas in all States, as shown 

by that census. 

‘‘(B) MINIMUM APPORTIONMENT.—Notwithstanding subparagraph (A), a 

State may not receive less than 0.5 percent of the amount apportioned 

under this paragraph. 

‘‘(2) ALLOCATION TO MPO’S.—Amounts apportioned to a State under paragraph 

(1) shall be made available within 30 days after allocation to metropolitan planning organizations in the State designated under this section under a formula 

that— 

‘‘(A) considers population of urbanized areas; 

‘‘(B) provides an appropriate distribution for urbanized areas to carry out 

the cooperative processes described in this section; 

‘‘(C) the State develops in cooperation with the metropolitan planning organizations; and 

‘‘(D) the Secretary approves. 

‘‘(3) SUPPLEMENTAL AMOUNTS.— 

‘‘(A) IN GENERAL.—The Secretary shall apportion 20 percent of the 

amounts made available under subsection (g)(1) among the States to supplement allocations made under paragraph (1) for metropolitan planning organizations. 

‘‘(B) FORMULA.—The Secretary shall apportion amounts referred to in 

subparagraph (A) under a formula that reflects the additional cost of carrying out planning, programming, and project selection responsibilities 

under sections 5303 and 5306 in certain urbanized areas. 

‘‘(e) STATE PLANNING AND RESEARCH PROGRAM.— 

‘‘(1) APPORTIONMENT TO STATES.— 

‘‘(A) IN GENERAL.—The Secretary shall apportion the amounts made 

available under subsection (g)(2) among the States for grants and contracts 

to carry out sections 5303 through 5306, 5312, 5315, and 5322 in the ratio 

that— 

‘‘(i) the population of urbanized areas in each State, as shown by the 

latest available decennial census; bears to 

‘‘(ii) the population of urbanized areas in all States, as shown by that 

census. 

‘‘(B) MINIMUM APPORTIONMENT.—Notwithstanding subparagraph (A), a 

State may not receive less than 0.5 percent of the amount apportioned 

under this paragraph. 

‘‘(2) SUPPLEMENTAL AMOUNTS.—A State, as the State considers appropriate, 

may authorize part of the amount made available under this subsection to be 

used to supplement amounts made available under subsection (d). 

‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The Government’s share of the cost of an 

activity funded using amounts made available under this section may not exceed 80 

percent of the cost of the activity unless the Secretary determines that it is in the 

interests of the Government not to require a State or local match. 

‘‘(g) ALLOCATION OF FUNDS.—Of the funds made available by or appropriated to 

carry out this section under section 5338(c) for fiscal years 2004 through 2009— 

‘‘(1) 82.72 percent shall be available for the metropolitan planning program 

under subsection (d); and 

‘‘(2) 17.28 percent shall be available to carry out subsection (e). 

‘‘(h) AVAILABILITY OF FUNDS.—Funds apportioned under this section in a State 

shall remain available for obligation in that State for a period of 3 years after the 

last day of the fiscal year for which the funds are authorized. Any amounts so apportioned that remain unobligated at the end of that period shall be reapportioned 

among the States.’’. 

242 

(b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by striking the item relating to section 5305 and inserting the following: 

‘‘5305. Planning programs.’’. 

SEC. 3007. PRIVATE ENTERPRISE PARTICIPATION. 

(a) SECTION HEADING.—Section 5306 is amended by striking the section heading 

and inserting the following: 

‘‘§ 5306. Private enterprise participation in planning; relationship to other 

limitations’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by striking the item relating to section 5306 and inserting the following: 

‘‘5306. Private enterprise participation in planning; relationship to other limitations.’’. 

SEC. 3008. URBANIZED AREA FORMULA GRANTS. 

(a) TECHNICAL AMENDMENTS.—Section 5307 is amended— 

(1) by striking subsections (h) and (k); and 

(2) by redesignating subsections (i), (j), (l), (m), and (n) as subsections (h), (i), 

(j), (k), and (l), respectively. 

(b) DEFINITIONS.—Section 5307(a)(2)(A) is amended— 

(1) by striking ‘‘a person’’ and inserting ‘‘an entity’’; and 

(2) by striking ‘‘section 5305(a) of this title’’ and inserting ‘‘chapter 52’’. 

(c) GENERAL AUTHORITY.—Section 5307(b) is amended— 

(1) by striking paragraph (1) and inserting the following: 

‘‘(1) GRANTS.—The Secretary may make grants under this section for— 

‘‘(A) capital projects and associated capital maintenance items; 

‘‘(B) planning; 

‘‘(C) transit enhancements; and 

‘‘(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of less than 200,000.’’; 

(2) in the heading to paragraph (2) by striking ‘‘FISCAL YEARS 2003 AND 2004

AND FOR THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005’’ and inserting 

‘‘FISCAL YEARS 2003 THROUGH 2005’’; 

(3) in paragraph (2)(A) by striking ‘‘fiscal years 2003’’ and all that follows 

through ‘‘2005’’ and inserting ‘‘fiscal years 2003, 2004, and 2005’’; 

(4) in paragraph (3) by striking ‘‘section 5305(a) of this title’’ and inserting 

‘‘chapter 52’’; and 

(5) in paragraph (3)(A) by striking ‘‘section 5303 of this title’’ and inserting 

‘‘chapter 52’’. 

(d) GRANT RECIPIENT REQUIREMENTS.—Section 5307(d)(1) is amended— 

(1) in subparagraph (A) by inserting ‘‘, including safety and security aspects 

of the program’’ after ‘‘program’’; 

(2) in subparagraph (H) by striking ‘‘sections 5301(a) and (d), 5303–5306, and 

5310(a)–(d) of this title’’ and inserting ‘‘subsections (a) and (d) of section 5301 

and sections 5303 through 5306’’; 

(3) in subparagraph (I) by striking ‘‘and’’ at the end; and 

(4) by adding at the end the following: 

‘‘(K) in the case of a recipient for an urbanized area with a population 

of at least 200,000— 

‘‘(i) will expend one percent of the amount the recipient receives each 

fiscal year under this section for projects for transit enhancements, as 

defined in section 5302(a); and 

‘‘(ii) will submit an annual report listing projects carried out in the 

preceding fiscal year with those funds; and’’. 

(e) GOVERNMENT’S SHARE OF COSTS.—Section 5307(e) is amended to read as follows: 

‘‘(e) GOVERNMENT’S SHARE OF COSTS.— 

‘‘(1) CAPITAL PROJECTS.—A grant for a capital project (including associated 

capital maintenance items) under this section shall be for 80 percent of the net 

project cost of the project. The recipient may provide additional local matching 

amounts. 

‘‘(2) OPERATING EXPENSES.—A grant for operating expenses under this section 

may not exceed 50 percent of the net project cost of the project. 

‘‘(3) REMAINDER.—The remainder of the net project cost shall be provided— 

‘‘(A) in cash from sources other than amounts of the Government or revenues from providing public transportation (excluding revenues derived from 

the sale of advertising and concessions); 

‘‘(B) from an undistributed cash surplus, a replacement or depreciation 

cash fund or reserve, or new capital; and 

243 

‘‘(C) from amounts received under a service agreement with a State or 

local social service agency or private social service organization.’’. 

(f) REVIEWS, AUDITS, AND EVALUATIONS.—Section 5307(h)(1)(A) (as redesignated 

by subsection (a) of this section) is amended by striking ‘‘shall’’ and inserting ‘‘may’’. 

(g) RELATIONSHIP TO OTHER LAWS.—Section 5307(l) (as redesignated by subsection 

(a) of this section) is amended— 

(1) by striking paragraph (1); 

(2) by redesignating paragraph (2) as paragraph (1); 

(3) by inserting ‘‘This chapter.—’’ before ‘‘Sections 5302’’; 

(4) by adding at the end the following: 

‘‘(2) CHAPTER 15 OF TITLE 5.—The provision of assistance under this chapter 

shall not be construed as bringing within the application of chapter 15 of title 

5 any nonsupervisory employee of a public transportation system (or any other 

agency or entity performing related functions) to which such chapter is otherwise inapplicable.’’; and 

(5) by aligning the left margin of paragraph (1) (as so redesignated) with 

paragraph (2) (as added by paragraph (4) of this subsection). 

(h) TREATMENT.—At the end of section 5307, add the following: 

‘‘(m) TREATMENT.—For purposes of this section, the United States Virgin Islands 

shall be treated as an urbanized area, as defined in section 5302.’’. 

SEC. 3009. CLEAN FUELS FORMULA GRANT PROGRAM. 

Section 5308 is amended to read as follows: 

‘‘§ 5308. Clean fuels formula grant program 

‘‘(a) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) CLEAN FUEL BUS.—The term ‘clean fuel bus’ means a passenger vehicle 

used to provide public transportation that— 

‘‘(A) is powered by— 

‘‘(i) compressed natural gas; 

‘‘(ii) liquefied natural gas; 

‘‘(iii) biodiesel fuels; 

‘‘(iv) batteries; 

‘‘(v) alcohol-based fuels; 

‘‘(vi) hybrid electric; 

‘‘(vii) fuel cell; 

‘‘(viii) clean diesel, to the extent allowed under this section; or 

‘‘(ix) other low or zero emissions technology; and 

‘‘(B) the Administrator of the Environmental Protection Agency has certified sufficiently reduces harmful emissions. 

‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible project’— 

‘‘(A) means a project in a nonattainment or maintenance area described 

in paragraph (4)(A) for— 

‘‘(i) purchasing or leasing clean fuel buses, including buses that employ a lightweight composite primary structure; 

‘‘(ii) constructing or leasing clean fuel buses or electrical recharging 

facilities and related equipment for such buses; or 

‘‘(iii) constructing new or improving existing public transportation facilities to accommodate clean fuel buses; and 

‘‘(B) at the discretion of the Secretary, may include a project located in 

a nonattainment or maintenance area described in paragraph (4)(A) relating to clean fuel, biodiesel, hybrid electric, or zero emissions technology 

buses that exhibit equivalent or superior emissions reductions to existing 

clean fuel or hybrid electric technologies. 

‘‘(3) MAINTENANCE AREA.—The term ‘maintenance area’ has the meaning such 

term has under section 101 of title 23. 

‘‘(4) RECIPIENT.— 

‘‘(A) IN GENERAL.—The term ‘recipient’ means a designated recipient (as 

defined in section 5307(a)(2)) for an area that, and a recipient for an urbanized area with a population of less than 200,000 that— 

‘‘(i) is designated as a nonattainment area for ozone or carbon monoxide under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or 

‘‘(ii) is a maintenance area for ozone or carbon monoxide. 

‘‘(B) SMALLER URBANIZED AREAS.—In the case of an urbanized area with 

a population of less than 200,000, the State in which the area is located 

shall act as the recipient for the area under this section. 

‘‘(b) AUTHORITY.—The Secretary shall make grants in accordance with this section 

to recipients to finance eligible projects. 

‘‘(c) APPORTIONMENT OF FUNDS.— 

244 

‘‘(1) FORMULA.—The Secretary shall apportion among recipients amounts 

made available to carry out this section for a fiscal year. Of such amounts— 

‘‘(A) two-thirds shall be apportioned to recipients serving urbanized areas 

with a population of at least 1,000,000, of which— 

‘‘(i) 50 percent shall be apportioned so that each such recipient receives a grant under this section in an amount equal to the ratio that— 

‘‘(I) the number of vehicles in the bus fleet of the recipient, 

weighted by severity of nonattainment for the area served by the 

recipient; bears to 

‘‘(II) the total number of vehicles in the bus fleets of all such recipients, weighted by severity of nonattainment for all areas served 

by such recipients; and 

‘‘(ii) 50 percent shall be apportioned so that each such recipient receives a grant under this section in an amount equal to the ratio that— 

‘‘(I) the number of bus passenger miles (as defined in section 

5336(c)) of the recipient, weighted by severity of nonattainment of 

the area served by the recipient; bears to 

‘‘(II) the total number of bus passenger miles (as defined in section 5336(c)) of all such recipients, weighted by severity of nonattainment of all areas served by such recipients; and 

‘‘(B) one-third shall be apportioned to recipients serving urbanized areas 

with a population of less than 1,000,000, of which— 

‘‘(i) 50 percent shall be apportioned so that each such recipient receives a grant under this section in an amount equal to the ratio that— 

‘‘(I) the number of vehicles in the bus fleet of the recipient, 

weighted by severity of nonattainment for the area served by the 

recipient; bears to 

‘‘(II) the total number of vehicles in the bus fleets of all such recipients, weighted by severity of nonattainment for all areas served 

by such recipients; and 

‘‘(ii) 50 percent shall be apportioned so that each such recipient receives a grant under this section in an amount equal to the ratio that— 

‘‘(I) the number of bus passenger miles (as defined in section 

5336(c)) of the recipient, weighted by severity of nonattainment of 

the area served by the recipient; bears to 

‘‘(II) the total number of bus passenger miles (as defined in section 5336(c)) of all such recipients, weighted by severity of nonattainment of all areas served by such recipients. 

‘‘(2) WEIGHTING OF SEVERITY OF NONATTAINMENT.— 

‘‘(A) IN GENERAL.—For purposes of paragraph (1), subject to subparagraph (B), the number of buses in the bus fleet, or the number of passenger 

miles, shall be multiplied by a factor of— 

‘‘(i) 1.0 if, at the time of the apportionment, the area is a maintenance area for ozone or carbon monoxide; 

‘‘(ii) 1.1 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) 1.2 if, at the time of the apportionment, the area is classified 

as a moderate ozone nonattainment area under subpart 2 of such part; 

‘‘(iv) 1.3 if, at the time of the apportionment, the area is classified 

as a serious ozone nonattainment area under subpart 2 of such part; 

‘‘(v) 1.4 if, at the time of the apportionment, the area is classified as 

a severe ozone nonattainment area under subpart 2 of such part; or 

‘‘(vi) 1.5 if, at the time of the apportionment, the area is classified 

as an extreme ozone nonattainment area under subpart 2 of such part. 

‘‘(B) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE AREAS.—If, in addition to being classified as a nonattainment or maintenance area for ozone 

under subpart 2 of such part, the area was also classified under subpart 

3 of such part as a nonattainment area for carbon monoxide, the weighted 

nonattainment or maintenance area fleet and passenger miles for the recipient, as calculated under subparagraph (A), shall be further multiplied 

by a factor of 1.2. 

‘‘(d) CLEAN DIESEL BUSES.—Not more than 35 percent of the amount made available by or appropriated under section 5338 in each fiscal year to carry out this section may be made available to fund clean diesel buses. 

‘‘(e) GRANT REQUIREMENTS.— 

‘‘(1) IN GENERAL.—A grant under this section shall be subject to the requirements of section 5307. 

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‘‘(2) GOVERNMENT’S SHARE OF COSTS FOR CERTAIN PROJECTS.—Section 5323(i) 

applies to projects carried out under this section. 

‘‘(f) AVAILABILITY OF FUNDS.—Any amount made available or appropriated under 

this section— 

‘‘(1) shall remain available to a project for 1 year after the fiscal year for 

which the amount is made available or appropriated; and 

‘‘(2) that remains unobligated at the end of the period described in paragraph 

(1) shall be added to the amount made available in the following fiscal year.’’. 

SEC. 3010. CAPITAL INVESTMENT GRANTS. 

(a) SECTION HEADING.—Section 5309 is amended by striking the section heading 

and inserting the following: 

‘‘§ 5309. Capital investment grants’’. 

(b) LOANS FOR REAL PROPERTY INTERESTS.—Section 5309 is amended— 

(1) in subsections (a)(1) and (a)(2) by striking ‘‘and loans’’; 

(2) by striking subsections (b) and (c); and 

(3) by redesignating subsection (d) as subsection (b). 

(c) PROJECT AS PART OF APPROVED PROGRAM OF PROJECTS.—Section 5309(b) (as 

redesignated by subsection (b) of this section) is amended— 

(1) by striking ‘‘Except as provided in subsections (b)(2) and (e) of the section, 

the’’ and inserting ‘‘The’’; and 

(2) by striking ‘‘or loan’’. 

(d) CRITERIA AND FUNDING.—Section 5309 is amended by striking subsections (e) 

through (p) and inserting the following: 

‘‘(c) MAJOR CAPITAL INVESTMENT GRANTS OF $75,000,000 OR MORE.— ‘‘(1) FULL FUNDING GRANT AGREEMENT.—A major new fixed guideway capital 

project financed under this subsection shall be carried out through a full funding grant agreement. The Secretary shall enter into a full funding grant agreement based on the evaluations and ratings required under this subsection. The 

Secretary shall not enter into a full funding grant agreement for a project unless that project is authorized for final design and construction. 

‘‘(2) APPROVAL OF GRANTS.—The Secretary may approve a grant under this 

section for a major new fixed guideway capital project only if the Secretary, 

based upon evaluations and considerations set forth in paragraph (3), determines that the proposal is— 

‘‘(A) based on the results of an alternatives analysis and preliminary engineering; 

‘‘(B) justified based on a comprehensive review of its mobility improvements, environmental benefits, cost effectiveness, operating efficiencies, and 

transit supportive policies, and existing land use; and 

‘‘(C) supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources) to construct, 

maintain, and operate the system or extension. 

‘‘(3) CONSIDERATIONS.— ‘‘(A) RESULTS OF ALTERNATIVES ANALYSIS AND PRELIMINARY ENGINEER- ING.—In evaluating a proposed project for purposes of making the finding 

required by paragraph (2)(A), the Secretary shall analyze and consider the 

results of the alternatives analysis and preliminary engineering for the 

project. 

‘‘(B) PROJECT JUSTIFICATION.—In evaluating a proposed project for purposes of making the finding required by paragraph (2)(B), the Secretary 

shall— 

‘‘(i) consider the direct and indirect costs of relevant alternatives; 

‘‘(ii) consider factors such as congestion relief, improved mobility, air 

pollution, noise pollution, energy consumption, and all associated ancillary and mitigation costs necessary to carry out each alternative analyzed and recognize reductions in local infrastructure costs achieved 

through compact land use development; 

‘‘(iii) identify and consider public transportation supportive existing 

land use policies and future patterns and the cost of suburban sprawl; 

‘‘(iv) consider the degree to which the project increases the mobility 

of the public transportation dependent population or promotes economic 

development; 

‘‘(v) consider population density and current transit ridership in the 

corridor; 

‘‘(vi) consider the technical capability of the grant recipient to construct the project; 

‘‘(vii) adjust the project justification to reflect differences in local 

land, construction, and operating costs; and 

246 

‘‘(viii) consider other factors that the Secretary determines appropriate to carry out this chapter. 

‘‘(C) LOCAL FINANCIAL COMMITMENT.—In evaluating a proposed project 

under paragraph (2)(C), the Secretary shall require that— 

‘‘(i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover 

unanticipated cost increases; 

‘‘(ii) each proposed local source of capital and operating financing is 

stable, reliable, and available within the proposed project timetable; 

and 

‘‘(iii) local resources are available to operate the overall proposed public transportation system (including essential feeder bus and other services necessary to achieve the projected ridership levels) without requiring a reduction in existing public transportation services to operate the 

proposed project. 

‘‘(D) ASSESSMENT OF LOCAL FINANCING.—In assessing the stability, reliability, and availability of proposed sources of local financing under paragraph (2)(C), the Secretary shall consider— 

‘‘(i) existing grant commitments; 

‘‘(ii) the degree to which financing sources are dedicated to the purposes proposed; 

‘‘(iii) any debt obligation that exists or is proposed by the recipient 

for the proposed project or other public transportation purpose; and 

‘‘(iv) the extent to which the project has a local financial commitment 

that exceeds the required non-Federal share of the cost of the project. 

‘‘(4) EVALUATION AND RATING OF PROJECTS.—A proposed project under this 

subsection may advance from alternatives analysis to preliminary engineering, 

and may advance from preliminary engineering to final design and construction, 

only if the Secretary finds that the project meets the requirements of this section and there is a reasonable likelihood that the project will continue to meet 

such requirements. In making the findings, the Secretary shall evaluate and 

rate the project as ‘highly recommended’, ‘recommended’, or ‘not recommended’ 

based on the results of alternatives analysis, the project justification criteria, 

and the degree of local financial commitment, as required under this subsection. 

In rating the projects, the Secretary shall provide, in addition to the overall 

project rating, individual ratings for each of the criteria established by regulation. 

‘‘(5) MAJOR DEFINED.—In this section, the term ‘major’, as used with respect 

to a new fixed guideway capital project, means the Federal assistance provided 

or to be provided under this section for the project is $75,000,000 or more. 

‘‘(d) CAPITAL INVESTMENT GRANTS LESS THAN $75,000,000.— 

‘‘(1) IN GENERAL.—Subject to the provisions of this subsection, if the Federal 

assistance provided or to be provided under this section with respect to a new 

fixed guideway capital project is less than $75,000,000, and not less than 

$25,000,000, the project shall be subject to the requirements in this subsection. 

A new fixed guideway capital project is not subject to the requirements of this 

subsection if the assistance provided under this section with respect to the 

project is less than $25,000,000. 

‘‘(2) SELECTION CRITERIA.—The Secretary may provide Federal assistance 

under this subsection with respect to a proposed project only if the Secretary 

finds that the project is— 

‘‘(A) based on the results of planning and alternatives analysis; 

‘‘(B) justified based on a review of its public transportation supportive 

land use policies, cost effectiveness, and effect on local economic development; and 

‘‘(C) supported by an acceptable degree of local financial commitment. 

‘‘(3) PLANNING AND ALTERNATIVES.—In evaluating a project under paragraph 

(2)(A), the Secretary shall analyze and consider the results of planning and alternatives analysis for the project. 

‘‘(4) PROJECT JUSTIFICATION.—For purposes of making the finding under paragraph (2)(B), the Secretary shall— 

‘‘(A) determine the degree to which the project is consistent with local 

land use policies and is likely to achieve local developmental goals; 

‘‘(B) determine the cost effectiveness of the project at the time of the initiation of revenue service; 

‘‘(C) determine the degree to which the project will have a positive effect 

on local economic development; 

‘‘(D) consider the reliability of the forecasts of costs and ridership associated with the project; and 

247 

‘‘(E) consider other factors that the Secretary determines appropriate to 

carry out this subsection. 

‘‘(5) LOCAL FINANCIAL COMMITMENT.—For purposes of paragraph (2)(C), the 

Secretary shall require that each proposed local source of capital and operating 

financing is stable, reliable, and available within the proposed project timetable. 

‘‘(6) ADVANCEMENT OF PROJECT TO DEVELOPMENT AND CONSTRUCTION.— 

‘‘(A) GENERAL RULE.—A proposed project under this subsection may advance from planning and alternatives analysis to project development and 

construction only if— 

‘‘(i) the Secretary finds that the project meets the requirements of 

this subsection and there is a reasonable likelihood that the project will 

continue to meet such requirements; and 

‘‘(ii) the metropolitan planning organization has adopted the locally 

preferred alternative for the project into the long-range transportation 

plan. 

‘‘(B) EVALUATION.—In making the findings under subparagraph (A), the 

Secretary shall evaluate and rate the project as ‘recommended’ or ‘not recommended’ based on the results of the analysis of the project justification 

criteria and the degree of local financial commitment, as required by this 

subsection. 

‘‘(7) CONTENTS OF PROJECT CONSTRUCTION GRANT AGREEMENT.—A project construction grant agreement under this subsection shall specify the scope of the 

project to be constructed, the estimated net project cost of the project, the schedule under which the project shall be constructed, the maximum amount of funding to be obtained under this subsection, the proposed schedule for obligation 

of future Federal grants, and the sources of funding from other than the Government. The agreement may include a commitment on the part of the Secretary to provide funding for the project in future fiscal years. 

‘‘(8) LIMITATION ON ENTRY INTO CONSTRUCTION GRANT AGREEMENT.—The Secretary may enter into a project construction grant agreement for a project under 

this subsection only if the project is authorized for construction and has been 

rated as ‘recommended’ under this subsection. 

‘‘(9) REGULATIONS.—Not later than 120 days after the date of enactment of 

the Federal Public Transportation Act of 2005, the Secretary shall issue regulations establishing an evaluation and rating process for proposed projects under 

this subsection that is based on the results of project justification and local financial commitment, as required under this subsection. 

‘‘(10) FIXED GUIDEWAY CAPITAL PROJECT.—In this subsection, the term ‘fixed 

guideway capital project’ includes a corridor-based public transportation bus 

capital project if the majority of the project’s corridor right-of-way is dedicated 

alignment for exclusive use by public transportation vehicles for all or part of 

the day. 

‘‘(e) PREVIOUSLY ISSUED LETTER OF INTENT OR FULL FUNDING GRANT AGREEMENT.—Subsections (c) and (d) do not apply to projects for which the Secretary has 

issued a letter of intent or entered into a full funding grant agreement before the 

date of enactment of the Federal Public Transportation Act of 2005. Subsection (d) 

also does not apply to projects for which the Secretary has received an application 

for final design before such date of enactment. 

‘‘(f) LETTERS OF INTENT, FULL FUNDING GRANT AGREEMENTS, AND EARLY SYSTEMS

WORK AGREEMENTS.— 

‘‘(1) LETTERS OF INTENT.— 

‘‘(A) AMOUNTS INTENDED TO BE OBLIGATED.—The Secretary may issue a 

letter of intent to an applicant announcing an intention to obligate, for a 

capital project under this section, an amount from future available budget 

authority specified in law that is not more than the amount stipulated as 

the financial participation of the Secretary in the project. When a letter is 

issued for fixed guideway projects, the amount shall be sufficient to complete at least an operable segment. 

‘‘(B) TREATMENT.—The issuance of a letter under subparagraph (A) is 

deemed not to be an obligation under sections 1108(c), 1108(d), 1501, and 

1502(a) of title 31 or an administrative commitment. 

‘‘(2) FULL FUNDING GRANT AGREEMENTS.— 

‘‘(A) TERMS.—The Secretary may make a full funding grant agreement 

with an applicant. The agreement shall— 

‘‘(i) establish the terms of participation by the Government in a 

project under this section; 

‘‘(ii) establish the maximum amount of Government financial assistance for the project; 

248 

‘‘(iii) cover the period of time for completing the project, including a 

period extending beyond the period of an authorization; and 

‘‘(iv) make timely and efficient management of the project easier according to the law of the United States. 

‘‘(B) SPECIAL FINANCIAL RULES.— ‘‘(i) IN GENERAL.—An agreement under this paragraph obligates an 

amount of available budget authority specified in law and may include 

a commitment, contingent on amounts to be specified in law in advance 

for commitments under this paragraph, to obligate an additional 

amount from future available budget authority specified in law. 

‘‘(ii) STATEMENT OF CONTINGENT COMMITMENT.—The agreement shall 

state that the contingent commitment is not an obligation of the Government. 

‘‘(iii) INTEREST AND OTHER FINANCING COSTS.—Interest and other financing costs of efficiently carrying out a part of the project within a 

reasonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than 

the cost of the most favorable financing terms reasonably available for 

the project at the time of borrowing. The applicant shall certify, in a 

way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. 

‘‘(iv) COMPLETION OF OPERABLE SEGMENT.—The amount stipulated in 

an agreement under this paragraph for a fixed guideway project shall 

be sufficient to complete at least an operable segment. 

‘‘(3) EARLY SYSTEM WORK AGREEMENTS.— 

‘‘(A) CONDITIONS.—The Secretary may make an early systems work 

agreement with an applicant if a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued on 

the project and the Secretary finds there is reason to believe— 

‘‘(i) a full funding grant agreement for the project will be made; and 

‘‘(ii) the terms of the work agreement will promote ultimate completion of the project more rapidly and at less cost. 

‘‘(B) CONTENTS.— 

‘‘(i) IN GENERAL.—A work agreement under this paragraph obligates 

an amount of available budget authority specified in law and shall provide for reimbursement of preliminary costs of carrying out the project, 

including land acquisition, timely procurement of system elements for 

which specifications are decided, and other activities the Secretary decides are appropriate to make efficient, long-term project management 

easier. 

‘‘(ii) PERIOD COVERED.—A work agreement under this paragraph shall 

cover the period of time the Secretary considers appropriate. The period 

may extend beyond the period of current authorization. 

‘‘(iii) INTEREST AND OTHER FINANCING COSTS.—Interest and other financing costs of efficiently carrying out the work agreement within a 

reasonable time are a cost of carrying out the agreement, except that 

eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking 

the most favorable financing terms. 

‘‘(iv) FAILURE TO CARRY OUT PROJECT.—If an applicant does not carry 

out the project for reasons within the control of the applicant, the applicant shall repay all Government payments made under the work agreement plus reasonable interest and penalty charges the Secretary establishes in the agreement. 

‘‘(4) LIMITATION ON AMOUNTS.— 

‘‘(A) MAJOR CAPITAL INVESTMENT GRANTS CONTINGENT COMMITMENT AUTHORITY.—The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent, full funding grant agreements, and early systems 

work agreements under this subsection for major new fixed guideway capital projects may be not more than the greater of the amount authorized 

under sections 5338(b) and 5338(h)(1) for such projects or an amount equivalent to the last 3 fiscal years of funding allocated under subsections 

(m)(1)(B) and (m)(2)(B)(ii) for such projects, less an amount the Secretary 

reasonably estimates is necessary for grants under this section for those of 

such projects that are not covered by a letter or agreement. The total 

amount covered by new letters and contingent commitments included in full 

249 

funding grant agreements and early systems work agreements for such 

projects may be not more than a limitation specified in law. 

‘‘(B) OTHER CONTINGENT COMMITMENT AUTHORITY.—The total estimated 

amount of future obligations of the Government and contingent commitments to incur obligations covered by all project construction grant agreements and early system work agreements under this subsection for small 

capital projects described in subsection (d) may be not more than the greater of the amount allocated under subsection (m)(2)(A) for such projects or 

an amount equivalent to the last fiscal year of funding allocated under subsection (m)(2)(A) for such projects, less an amount the Secretary reasonably 

estimates is necessary for grants under this section for those of such 

projects that are not covered by an agreement. The total amount covered 

by new contingent commitments included in project construction grant 

agreements and early systems work agreements for such projects may be 

not more than a limitation specified in law. 

‘‘(C) INCLUSION OF CERTAIN COMMITMENTS.—Future obligations of the 

Government and contingent commitments made against the contingent 

commitment authority under section 3032(g)(2) of the Intermodal Surface 

Transportation Efficiency Act of 1991 (106 Stat. 2125) for the San Francisco 

BART to the Airport project for fiscal years 2002, 2003, 2004, 2005, and 

2006 shall be charged against section 3032(g)(2) of that Act. 

‘‘(D) APPROPRIATION REQUIRED.—An obligation may be made under this 

subsection only when amounts are appropriated for the obligation. 

‘‘(5) NOTIFICATION OF CONGRESS.—At least 60 days before issuing a letter of 

intent or entering into a full funding grant agreement or project construction 

grant agreement under this section, the Secretary shall notify, in writing, the 

Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate 

of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and 

ratings for the project. 

‘‘(g) GOVERNMENT’S SHARE OF NET PROJECT COST.— 

‘‘(1) FEDERAL SHARE.—Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net project cost. A grant for the project shall be for 

80 percent of the net capital project cost, unless the grant recipient requests a 

lower grant percentage. 

‘‘(2) REMAINDER OF NET PROJECT COST.—The remainder of net project costs 

shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. 

‘‘(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section, including paragraph (1) and subsections (c)(3)(D)(iv) and (c)(4), shall be construed 

as authorizing the Secretary to require a non-Federal financial commitment for 

a project that is more than 20 percent of the net capital project cost. 

‘‘(4) SPECIAL RULE FOR ROLLING STOCK COSTS.—In addition to amounts allowed pursuant to paragraph (1), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant 

satisfies the Secretary that only amounts other than amounts of the Government were used and that the purchase was made for use on the extension. A 

refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Government is made at the same time. 

‘‘(5) LIMITATION ON APPLICABILITY.—This subsection does not apply to projects 

for which the Secretary has entered into a full funding grant agreement before 

the date of enactment of the Federal Public Transportation Act of 2005. 

‘‘(h) FISCAL CAPACITY CONSIDERATIONS.—If the Secretary gives priority consideration to financing projects that include more than the non-Government share required under subsection (g), the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments. 

‘‘(i) REPORTS ON NEW STARTS.— 

‘‘(1) ANNUAL DOT REPORT.—Not later than the first Monday in February of 

each year, the Secretary shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Banking, 

Housing, and Urban Affairs of the Senate a report that includes— 

‘‘(A) a proposal of allocations of amounts to be available to finance grants 

for new fixed guideway capital projects among applicants for these 

amounts; 

‘‘(B) evaluations and ratings, as required under subsection (c), for each 

such project that is authorized by the Federal Public Transportation Act of 

2005; and 

250 

‘‘(C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years and for the next 10 fiscal years based on information currently available to the Secretary. 

‘‘(2) ANNUAL GAO REVIEW.—The Comptroller General shall— 

‘‘(A) conduct an annual review of— 

‘‘(i) the processes and procedures for evaluating, rating, and recommending new fixed guideway capital projects; and 

‘‘(ii) the Secretary’s implementation of such processes and procedures; 

and 

‘‘(B) report to Congress on the results of such review by May 31 of each 

year. 

‘‘(j) UNDERTAKING PROJECTS IN ADVANCE.— ‘‘(1) IN GENERAL.—The Secretary may pay the Government’s share of the net 

capital project cost to a State or local governmental authority that carries out 

any part of a project described in this section without the aid of amounts of the 

Government and according to all applicable procedures and requirements if— 

‘‘(A) the State or local governmental authority applies for the payment; 

‘‘(B) the Secretary approves the payment; and 

‘‘(C) before carrying out the part of the project, the Secretary approves 

the plans and specifications for the part in the same way as other projects 

under this section. 

‘‘(2) FINANCING COSTS.— 

‘‘(A) IN GENERAL.—The cost of carrying out part of a project includes the 

amount of interest earned and payable on bonds issued by the State or local 

governmental authority to the extent proceeds of the bonds are expended 

in carrying out the part. 

‘‘(B) LIMITATION ON AMOUNT OF INTEREST.—The amount of interest under 

this paragraph may not be more than the most favorable interest terms 

reasonably available for the project at the time of borrowing. 

‘‘(C) CERTIFICATION.—The applicant shall certify, in a manner satisfactory 

to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financial terms. 

‘‘(3) CAPITAL PROJECT COST INDICES.—The Secretary shall consider changes in 

capital project cost indices when determining the estimated cost under paragraph (2). 

‘‘(k) BUS AND BUS FACILITIES PROJECTS.—In making grants under subsections 

(m)(1)(C) and (m)(2)(B)(iii), the Secretary shall consider the age of buses, bus fleets, 

related equipment, and bus-related facilities. 

‘‘(l) AVAILABILITY OF AMOUNTS.—An amount made available or appropriated under 

section 5338(b), 5338(g), or 5338(h) for replacement, rehabilitation, and purchase of 

buses and related equipment and construction of bus-related facilities or for new 

fixed guideway capital projects shall remain available for 3 fiscal years, including 

the fiscal year in which the amount is made available or appropriated. Any of such 

amounts that are unobligated at the end of the 3-fiscal-year period shall be 

deobligated and may be used by the Secretary for any purpose under this section. 

‘‘(m) ALLOCATING AMOUNTS.— 

‘‘(1) FISCAL YEAR 2004.—The total amount of funds made available by or appropriated under section 5338(b) for fiscal year 2004 shall be allocated as follows: 

‘‘(A) 40 percent for fixed guideway modernization; 

‘‘(B) 40 percent for major new fixed guideway capital projects; and 

‘‘(C) 20 percent to replace, rehabilitate, and purchase buses and related 

equipment and to construct bus-related facilities. 

‘‘(2) FISCAL YEARS 2005–2009.—The total amount of funds made available by 

section 5338(g), and appropriated under section 5338(h), for each of fiscal years 

2005 through 2009 shall be allocated in the fiscal year as follows: 

‘‘(A) SMALL CAPITAL PROJECTS.—From funds appropriated under section 

5338(h) for new fixed guideway capital projects described in subsection 

(d)— 

‘‘(i) $135,000,000 in fiscal year 2005; 

‘‘(ii) $175,000,000 in fiscal year 2006; 

‘‘(iii) $200,000,000 in fiscal year 2007; 

‘‘(iv) $200,000,000 in fiscal year 2008; and 

‘‘(v) $225,000,000 in fiscal year 2009. 

‘‘(B) REMAINDER.—After the allocation under subparagraph (A), the remainder of such total amount shall be allocated as follows: 

‘‘(i) 40 percent for fixed guideway modernization, to be derived from 

funds made available under section 5338(g). 

251 

‘‘(ii) 40 percent for major new fixed capital guideway projects, to be 

derived from funds appropriated under section 5338(h). 

‘‘(iii) 20 percent to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities, to be derived 

from funds made available under section 5338(g). 

‘‘(3) FUNDING FOR FERRY BOAT SYSTEMS.—Of the amounts made available 

under paragraphs (1)(B) and (2)(B)(ii), $10,400,000 shall be available in each of 

fiscal years 2004 through 2009 for new fixed guideway capital projects in Alaska 

or Hawaii that are for ferry boats or ferry terminal facilities or that are for approaches to ferry terminal facilities. Of the amounts made available under paragraphs (1)(C) and (2)(B)(iii), $10,000,000 shall be available in each of fiscal 

years 2005 through 2009 for ferry boats or ferry terminal facilities. 

‘‘(4) FUEL CELL BUS PROGRAM.—Of the amounts made available under subsections (m)(1)(C) and (m)(2)(B)(iii) for a fiscal year, the following amounts shall 

be set aside for the national fuel cell bus technology development program 

under section 3039 of the Federal Public Transportation Act of 2005: ‘‘(A) $4,849,950 for fiscal year 2004. 

‘‘(B) $10,000,000 for fiscal year 2005. 

‘‘(C) $11,000,000 for fiscal year 2006. 

‘‘(D) $12,000,000 for fiscal year 2007. 

‘‘(E) $13,000,000 for fiscal year 2008. 

‘‘(F) $14,000,000 for fiscal year 2009. 

‘‘(n) NEW FIXED GUIDEWAY CAPITAL PROJECT DEFINED.—In this section, the term 

‘new fixed guideway capital project’ means a minimum operable segment of a capital 

project for a new fixed guideway system or extension to an existing fixed guideway 

system.’’. 

(e) CONFORMING AMENDMENTS.— 

(1) CHAPTER ANALYSIS.—The analysis for chapter 53 is amended by striking 

the item relating to section 5309 and inserting the following: 

‘‘5309. Capital investment grants.’’. 

(2) SECTION 5328.—Section 5328(a) is amended— 

(A) in paragraph (2) by striking ‘‘5309(e)’’ and inserting ‘‘5309(c)’’; and 

(B) in paragraph (4) by striking ‘‘under section 5309(o)(1)’’ and inserting 

‘‘under section 5309(i)(1)’’. 

SEC. 3011. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES. 

(a) IN GENERAL.—Section 5310 is amended— 

(1) by striking the section heading and inserting the following: 

‘‘§ 5310. Formula grants for special needs of elderly individuals and individuals with disabilities’’; 

(2) by striking subsections (a) through (g) and inserting the following: 

‘‘(a) GENERAL AUTHORITY.— 

‘‘(1) GRANTS.—The Secretary may make grants to States and local governmental authorities under this section for public transportation capital projects, 

and operating costs associated with public transportation capital projects, 

planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities. 

‘‘(2) SUBRECIPIENTS.—A State that receives a grant under this section may allocate the amounts of the grant to— 

‘‘(A) a private nonprofit organization if the public transportation service 

provided under paragraph (1) is unavailable, insufficient, or inappropriate; 

or 

‘‘(B) a governmental authority that— 

‘‘(i) is approved by the State to coordinate services for elderly individuals and individuals with disabilities; or 

‘‘(ii) certifies that there are not any nonprofit organizations readily 

available in the area to provide the services described under paragraph 

(1). 

‘‘(3) ACQUIRING PUBLIC TRANSPORTATION SERVICES.—A public transportation 

capital project under this section may include acquisition of public transportation services as an eligible capital expense. 

‘‘(4) ADMINISTRATIVE EXPENSES.—A State or local governmental authority may 

use not more than 10 percent of the amounts apportioned to the State under 

this section to administer, plan, and provide technical assistance for a project 

funded under this section. 

‘‘(b) APPORTIONMENT AND TRANSFERS.— 

‘‘(1) APPORTIONMENT.— 

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‘‘(A) FORMULA.—The Secretary shall apportion amounts made available to 

carry out this section under a formula the Secretary administers that considers the number of elderly individuals and individuals with disabilities in 

each State. 

‘‘(B) LOW DENSITY ADJUSTMENT.—In administering the apportionment formula under subparagraph (A)— 

‘‘(i) in the case of a State with a population density of 10 or fewer 

persons per square mile, the Secretary shall multiply by a factor of 2 

the number of elderly individuals and individuals with disabilities in 

the State (as determined using the most recent decennial United States 

Census); and 

‘‘(ii) in the case of a State with a population density of more than 10 

but equal to or fewer than 30 persons per square mile, the Secretary 

shall multiply by a factor of 1.25 the number of elderly individuals and 

individuals with disabilities in the State (as determined using the most 

recent decennial United States Census). 

‘‘(2) TRANSFERS.—Any State’s apportionment remaining available for obligation at the beginning of the 90-day period before the end of the period of availability of the apportionment is available to the State for transfer to supplement 

amounts apportioned to the State under section 5311(c) or 5336(a)(1), or both. 

Any funds transferred pursuant to this paragraph shall be made available only 

for eligible projects as described in this section. 

‘‘(c) GOVERNMENT’S SHARE OF COSTS.— 

‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under this section shall 

be for 80 percent of the net capital costs of the project, as determined by the 

Secretary; except that in the case of a State described in section 120(b)(1) of 

title 23, such percentage shall be increased in accordance with such section. 

‘‘(2) OPERATING ASSISTANCE.—A grant made under this section for operating 

assistance may not exceed 50 percent of the net operating costs of the project, 

as determined by the Secretary. 

‘‘(3) REMAINDER.—The remainder of the net project costs— 

‘‘(A) may be provided from an undistributed cash surplus, a replacement 

or depreciation cash fund or reserve, a service agreement with a State or 

local social service agency or a private social service organization, or new 

capital; and 

‘‘(B) may be derived from amounts appropriated to or made available to 

a department or agency of the Government (other than the Department of 

Transportation) that are eligible to be expended for transportation. 

‘‘(4) USE OF CERTAIN FUNDS.—For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 

403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not 

apply to Federal or State funds to be used for transportation purposes. 

‘‘(d) GRANT REQUIREMENTS.— 

‘‘(1) IN GENERAL.—A grant under this section shall be subject to all requirements of a grant under section 5307. A grant to a subrecipient under this section shall be subject to such requirements to the extent the Secretary considers 

appropriate. 

‘‘(2) COORDINATION WITH NONPROFIT PROVIDERS.—A recipient that transfers 

funds to an apportionment under section 5336(a)(1) pursuant to subsection 

(b)(2) shall certify that the project for which the funds are requested under this 

section has been coordinated with nonprofit providers of services. 

‘‘(3) PROJECT SELECTION AND PLANNING.—Beginning in fiscal year 2007, a recipient of funds under this section shall certify that— 

‘‘(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and 

‘‘(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services 

providers and participation by the public. 

‘‘(4) FAIR AND EQUITABLE DISTRIBUTION.—A recipient of a grant under this 

section shall certify that allocations of the grant to subrecipients are distributed 

on a fair and equitable basis. 

‘‘(e) STATE PROGRAM.— 

‘‘(1) IN GENERAL.—Amounts made available to carry out this section may be 

used for transportation projects to assist in providing transportation services for 

elderly individuals and individuals with disabilities that are included in a State 

program of projects. 

‘‘(2) SUBMISSION AND APPROVAL.—A program shall be submitted annually to 

the Secretary for approval and shall contain an assurance that the program provides for maximum feasible coordination of transportation services assisted 

253 

under this section with transportation services assisted by other Government 

sources. 

‘‘(f) LEASING VEHICLES.—Vehicles acquired under this section may be leased to 

local governmental authorities to improve transportation services designed to meet 

the special needs of elderly individuals and individuals with disabilities.’’; and 

(3) by redesignating subsections (h) through (j) as subsections (g) through (i), 

respectively. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by striking the item relating to section 5310 and inserting the following: 

‘‘5310. Formula grants for special needs of elderly individuals and individuals with disabilities.’’. 

SEC. 3012. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. 

(a) DEFINITIONS.—Section 5311(a) is amended to read as follows: 

‘‘(a) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) RECIPIENT.—The term ‘recipient’ means a State that receives a Federal 

transit program grant directly from the Government. 

‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ means a State or local governmental authority, nonprofit organization, or operator of public transportation 

services that receives a Federal transit program grant indirectly through a recipient.’’. 

(b) GENERAL AUTHORITY.—Section 5311(b) is amended to read as follows: 

‘‘(b) GENERAL AUTHORITY.— 

‘‘(1) GRANTS.—Except as provided in paragraph (2), the Secretary may make 

grants to other than urbanized areas under this section for the following: 

‘‘(A) Public transportation capital projects. 

‘‘(B) Operating costs of equipment and facilities for use in public transportation. 

‘‘(C) Acquisition of public transportation services, including service agreements with private providers of public transportation services. 

‘‘(2) STATE PROGRAM.— 

‘‘(A) IN GENERAL.—Amounts made available to carry out this section shall 

be used for projects included in a State program for public transportation 

projects, including service agreements with private providers of public 

transportation. 

‘‘(B) SUBMISSION.—The program shall be submitted annually to the Secretary for approval. 

‘‘(C) APPROVAL.—The Secretary may approve the program only if the Secretary finds that the program provides a fair distribution of amounts in the 

State, including Indian reservations, and the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources. 

‘‘(3) RURAL TRANSPORTATION ASSISTANCE PROGRAM.— 

‘‘(A) IN GENERAL.—The Secretary shall carry out a rural transportation 

assistance program in other than urbanized areas. 

‘‘(B) GRANTS AND CONTRACTS.—In carrying out this paragraph, the Secretary may use not more than 2 percent of the amount made available to 

carry out this section to make grants and contracts for transportation research, technical assistance, training, and related support services in other 

than urbanized areas. 

‘‘(C) PROJECTS OF A NATIONAL SCOPE.—Not more than 15 percent of the 

amounts available under subparagraph (B) may be used by the Secretary 

to carry out projects of a national scope, with the remaining balance provided to the States.’’. 

(c) APPORTIONMENTS.—Section 5311(c) is amended to read as follows: 

‘‘(c) APPORTIONMENTS.— 

‘‘(1) IN GENERAL.—The Secretary shall apportion amounts made available to 

carry out this section among the States in the ratio that— 

‘‘(A) the population of other than urbanized areas in each State, as shown 

by the most recent Government decennial census of population; bears to 

‘‘(B) the population of all other than urbanized areas in the United 

States, as shown by that census. 

‘‘(2) LOW DENSITY ADJUSTMENT.—In administering the apportionment formula 

under paragraph (1)— 

‘‘(A) in the case of a State with a population density of 10 or fewer persons per square mile in other than urbanized areas of the State, the Secretary shall multiply by a factor of 1.5 the population of such other than 

urbanized areas (as determined using the most recent decennial United 

States Census); and 

254 

‘‘(B) in the case of a State with a population density of more than 10 but 

equal to or fewer than 12 persons per square mile in other than urbanized 

areas of the State, the Secretary shall multiply by a factor of 1.25 the population of such other than urbanized areas (as determined using the most 

recent decennial United States Census). 

‘‘(3) AVAILABILITY.—The amount apportioned to a State under this subsection 

may be obligated by the State for 2 fiscal years after the fiscal year in which 

the amount is apportioned. An amount that is not obligated at the end of that 

period shall be reapportioned among the States for the next fiscal year.’’. 

(d) USE FOR ADMINISTRATION, PLANNING, AND TECHNICAL ASSISTANCE.—Section 

5311(e) is amended— 

(1) in the subsection heading by inserting ‘‘, planning,’’ after ‘‘administration’’; 

(2) by striking ‘‘(1) The Secretary’’ and inserting ‘‘The Secretary’’; 

(3) by striking paragraph (2); and 

(4) by striking ‘‘recipient’’ and inserting ‘‘subrecipient’’. 

(e) INTERCITY BUS TRANSPORTATION.—Section 5311(f) is amended— 

(1) in paragraph (1) by striking ‘‘after September 30, 1993,’’; and 

(2) in paragraph (2) by striking ‘‘A State’’ and inserting ‘‘After consultation 

with affected intercity bus service providers, a State’’. 

(f) GOVERNMENT’S SHARE OF COSTS.—Section 5311(g) is amended to read as follows: 

‘‘(g) GOVERNMENT’S SHARE OF COSTS.— ‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under this section shall 

be for 80 percent of the net capital costs of the project, as determined by the 

Secretary; except that in the case of a State described in section 120(b)(1) of 

title 23, such percentage shall be increased in accordance with such section. 

‘‘(2) OPERATING ASSISTANCE.—A grant made under this section for operating 

assistance may not exceed 50 percent of the net operating costs of the project, 

as determined by the Secretary. 

‘‘(3) REMAINDER.—The remainder of net project costs— 

‘‘(A) may be provided from an undistributed cash surplus, a replacement 

or depreciation cash fund or reserve, a service agreement with a State or 

local social service agency or a private social service organization, or new 

capital; and 

‘‘(B) may be derived from amounts appropriated to or made available to 

a department or agency of the Government (other than the Department of 

Transportation) that are eligible to be expended for transportation. 

‘‘(4) USE OF CERTAIN FUNDS.—For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 

403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not 

apply to Federal or State funds to be used for transportation purposes. 

‘‘(5) LIMITATION ON OPERATING ASSISTANCE.—A State carrying out a program 

of operating assistance under this section may not limit the level or extent of 

use of the Government grant for the payment of operating expenses.’’. 

(g) RELATIONSHIP TO OTHER LAWS.—Section 5311 is amended— 

(1) by striking subsection (h); and 

(2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively. 

(h) CORRECTION TO CHAPTER ANALYSIS.—The analysis for chapter 53 is amended 

by striking the item relating to section 5311 and inserting the following: 

‘‘5311. Formula grants for other than urbanized areas.’’. 

SEC. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT PROJECTS. 

(a) IN GENERAL.—Section 5312 is amended— 

(1) in subsection (a)— 

(A) by striking the first parenthetical phrase; 

(B) by striking ‘‘or contracts’’ and inserting ‘‘, contracts, cooperative agreements, or other transactions’’; 

(C) by striking ‘‘help reduce urban transportation needs, improve mass 

transportation service,’’ and inserting ‘‘improve transportation service’’; 

(D) by striking ‘‘urban’’ each place it appears; and 

(E) by striking ‘‘and demonstration projects’’ and inserting ‘‘, demonstration or deployment projects, or evaluation of technology of national significance’’; 

(2) by striking subsections (b) and (c); 

(3) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; 

(4) in subsection (b)(2) (as so redesignated) by striking ‘‘other agreements’’ 

and inserting ‘‘other transactions’’; and 

255 

(5) in subsection (c)(2) (as so redesignated) by striking ‘‘public and’’ and inserting ‘‘public or’’. 

(b) CONFORMING AMENDMENTS.— 

(1) SECTION HEADING.—Section 5312 is amended by striking the section heading and inserting the following: 

‘‘§ 5312. Research, development, demonstration, and deployment projects’’. 

(2) CHAPTER ANALYSIS.—The analysis for chapter 53 is amended by striking 

the item relating to section 5312 and inserting the following: 

‘‘5312. Research, development, demonstration, and deployment projects.’’. 

SEC. 3014. COOPERATIVE RESEARCH PROGRAM. 

(a) IN GENERAL.—Section 5313 is amended— 

(1) in subsection (a) by striking ‘‘(1) The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(d) of this title’’ and inserting ‘‘The 

amounts made available under paragraphs (1)(C)(iv) and (2)(C) of section 

5338(d)’’; 

(2) by striking subsection (b); 

(3) in subsection (a)(2) by striking ‘‘(2) The’’ and inserting ‘‘(b) FEDERAL ASSISTANCE.—The’’; and 

(4) in subsection (c) by striking ‘‘subsection (a) of’’. 

(b) CONFORMING AMENDMENTS.— 

(1) IN GENERAL.—Section 5313 is amended by striking the section heading 

and inserting the following: 

‘‘§ 5313. Cooperative research program’’. 

(2) CHAPTER ANALYSIS.—The analysis for chapter 53 is amended by striking 

the item relating to section 5313 and inserting the following: 

‘‘5313. Cooperative research program.’’. 

SEC. 3015. NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS. 

(a) IN GENERAL.—Section 5314 is amended— 

(1) by striking the section heading and inserting the following: 

‘‘§ 5314. National research and technology programs’’; 

(2) in subsection (a)(1)— 

(A) by striking ‘‘subsections (d) and (h)(7) of section 5338 of this title’’ and 

inserting ‘‘section 5338(d)’’; 

(B) by striking ‘‘and contracts’’ and inserting ‘‘, contracts, cooperative 

agreements, or other transactions’’; 

(C) by striking ‘‘5303–5306,’’; and 

(D) by striking ‘‘5317,’’; 

(3) in subsection (a)(2) by striking ‘‘Of the amounts’’ and all that follows 

through ‘‘$3,000,000 to’’ and inserting ‘‘The Secretary shall’’; 

(4) by striking subsection (a)(4)(B); 

(5) by redesignating subsection (a)(4)(C) as subsection (a)(4)(B); and 

(6) in subsection (b) by striking ‘‘or contract’’ and all that follows through ‘‘section,’’ and inserting ‘‘, contract, cooperative agreement, or other transaction 

under subsection (a) or section 5312,’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by striking the item relating to section 5314 and inserting the following: 

‘‘5314. National research and technology programs.’’. 

SEC. 3016. NATIONAL TRANSIT INSTITUTE. 

Section 5315 is amended— 

(1) in subsection (a) by striking ‘‘public mass transportation’’ and inserting 

‘‘public transportation’’; and 

(2) in subsection (d) by striking ‘‘mass’’ each place it appears. 

SEC. 3017. JOB ACCESS AND REVERSE COMMUTE FORMULA GRANTS. 

(a) IN GENERAL.—Chapter 53 is amended by inserting after section 5315 the following: 

‘‘§ 5316. Job access and reverse commute formula grants 

‘‘(a) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) ACCESS TO JOBS PROJECT.—The term ‘access to jobs project’ means a 

project relating to the development and maintenance of transportation services 

designed to transport welfare recipients and eligible low-income individuals to 

and from jobs and activities related to their employment, including— 

256 

‘‘(A) transportation projects to finance planning, capital, and operating 

costs of providing access to jobs under this chapter; 

‘‘(B) promoting public transportation by low-income workers, including 

the use of public transportation by workers with nontraditional work schedules; 

‘‘(C) promoting the use of transit vouchers for welfare recipients and eligible low-income individuals; and 

‘‘(D) promoting the use of employer-provided transportation, including the 

transit pass benefit program under section 132 of the Internal Revenue 

Code of 1986. 

‘‘(2) ELIGIBLE LOW-INCOME INDIVIDUAL.—The term ‘eligible low-income individual’ means an individual whose family income is at or below 150 percent of 

the poverty line (as that term is defined in section 673(2) of the Community 

Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required 

by that section) for a family of the size involved. 

‘‘(3) RECIPIENT.—The term ‘recipient’ means a designated recipient (as defined 

in section 5307(a)(2)) and a State that receives a grant under this section directly. 

‘‘(4) REVERSE COMMUTE PROJECT.—The term ‘reverse commute project’ means 

a public transportation project designed to transport residents of urbanized 

areas and other than urbanized areas to suburban employment opportunities, 

including any projects to— 

‘‘(A) subsidize the costs associated with adding reverse commute bus, 

train, carpool, van routes, or service from urbanized areas and other than 

urbanized areas to suburban workplaces; 

‘‘(B) subsidize the purchase or lease by a nonprofit organization or public 

agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace; or 

‘‘(C) otherwise facilitate the provision of public transportation services to 

suburban employment opportunities. 

‘‘(5) SUBRECIPIENT.—The term ‘subrecipient’ means a State or local governmental authority, nonprofit organization, or operator of public transportation 

services that receives a grant under this section indirectly through a recipient. 

‘‘(6) WELFARE RECIPIENT.—The term ‘welfare recipient’ means an individual 

who has received assistance under a State or tribal program funded under part 

A of title IV of the Social Security Act at any time during the 3-year period before the date on which the applicant applies for a grant under this section. 

‘‘(b) GENERAL AUTHORITY.— 

‘‘(1) GRANTS.—The Secretary may make grants under this section to a recipient for access to jobs and reverse commute projects carried out by the recipient 

or a subrecipient. 

‘‘(2) ADMINISTRATIVE EXPENSES.—A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section. 

‘‘(c) APPORTIONMENTS.— 

‘‘(1) FORMULA.—The Secretary shall apportion amounts made available to 

carry out this section as follows: 

‘‘(A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that— 

‘‘(i) the number of eligible low-income individuals and welfare recipients in each such urbanized area; bears to 

‘‘(ii) the number of eligible low-income individuals and welfare recipients in all such urbanized areas. 

‘‘(B) 20 percent of the funds shall be apportioned among the States in the 

ratio that— 

‘‘(i) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in each 

State; bears to 

‘‘(ii) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in all 

States. 

‘‘(C) 20 percent of the funds shall be apportioned among the States in the 

ratio that— 

‘‘(i) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in each State; bears to 

‘‘(ii) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in all States. 

257 

‘‘(2) USE OF APPORTIONED FUNDS.—Except as provided in paragraph (3)— 

‘‘(A) funds apportioned under paragraph (1)(A) shall be used for projects 

serving urbanized areas with a population of 200,000 or more; 

‘‘(B) funds apportioned under paragraph (1)(B) shall be used for projects 

serving urbanized areas with a population of less than 200,000; and 

‘‘(C) funds apportioned under paragraph (1)(C) shall be used for projects 

serving other than urbanized areas. 

‘‘(3) EXCEPTIONS.—A State may use funds apportioned under paragraphs 

(1)(B) and (1)(C)— 

‘‘(A) for projects serving areas other than the area specified in paragraph 

(2)(B) or (2)(C), as the case may be, if the Governor of the State certifies 

that all of the objectives of this section are being met in the specified area; 

or ‘‘(B) for projects anywhere in the State if the State has established a 

statewide program for meeting the objectives of this section. 

‘‘(d) COMPETITIVE PROCESS FOR GRANTS TO SUBRECIPIENTS.— ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation with the appropriate metropolitan 

planning organization, an areawide solicitation for applications for grants to the 

recipient and subrecipients under this section. 

‘‘(2) STATEWIDE SOLICITATION.—A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a statewide solicitation for applications 

for grants to the recipient and subrecipients under this section. 

‘‘(3) APPLICATION.—Recipients and subrecipients seeking to receive a grant 

from funds apportioned under subsection (c) shall submit to the recipient an application in the form and in accordance with such requirements as the recipient 

shall establish. 

‘‘(4) GRANT AWARDS.—The recipient shall award grants under paragraphs (1) 

and (2) on a competitive basis. 

‘‘(e) TRANSFERS.— 

‘‘(1) IN GENERAL.—A State may transfer any funds apportioned to it under 

subsection (c)(1)(B) or (c)(1)(C), or both, to an apportionment under section 

5311(c) or 5336, or both. 

‘‘(2) LIMITED TO ELIGIBLE PROJECTS.—Any apportionment transferred under 

this subsection shall be made available only for eligible job access and reverse 

commute projects as described in this section. 

‘‘(3) CONSULTATION.—A State may make a transfer of an amount under this 

subsection only after consulting with responsible local officials and publicly 

owned operators of public transportation in each area for which the amount 

originally was awarded under subsection (d)(4). 

‘‘(f) GRANT REQUIREMENTS.— 

‘‘(1) IN GENERAL.—A grant under this section shall be subject to the requirements of section 5307. 

‘‘(2) FAIR AND EQUITABLE DISTRIBUTION.—A recipient of a grant under this 

section shall certify to the Secretary that allocations of the grant to subrecipients are distributed on a fair and equitable basis. 

‘‘(g) COORDINATION.— 

‘‘(1) IN GENERAL.—The Secretary shall coordinate activities under this section 

with related activities under programs of other Federal departments and agencies. 

‘‘(2) WITH NONPROFIT PROVIDERS.—A State that transfers funds to an apportionment under section 5336 pursuant to subsection (e) shall certify to the Secretary that any project for which the funds are requested under this section has 

been coordinated with nonprofit providers of services. 

‘‘(3) PROJECT SELECTION AND PLANNING.—A recipient of funds under this section shall certify to the Secretary that— 

‘‘(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and 

‘‘(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services 

providers and participation by the public. 

‘‘(h) GOVERNMENT’S SHARE OF COSTS.— 

‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under this section may 

not exceed 80 percent of the net capital costs of the project, as determined by 

the Secretary. 

‘‘(2) OPERATING ASSISTANCE.—A grant made under this section for operating 

assistance may not exceed 50 percent of the net operating costs of the project, 

as determined by the Secretary. 

‘‘(3) REMAINDER.—The remainder of the net project costs— 

258 

‘‘(A) may be provided from an undistributed cash surplus, a replacement 

or depreciation cash fund or reserve, a service agreement with a State or 

local social service agency or a private social service organization, or new 

capital; and 

‘‘(B) may be derived from amounts appropriated to or made available to 

a department or agency of the Government (other than the Department of 

Transportation) that are eligible to be expended for transportation. 

‘‘(4) USE OF CERTAIN FUNDS.—For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 

403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not 

apply to Federal or State funds to be used for transportation purposes. 

‘‘(5) LIMITATION ON OPERATING ASSISTANCE.—A recipient carrying out a program of operating assistance under this section may not limit the level or extent 

of use of the Government grant for the payment of operating expenses. 

‘‘(i) PROGRAM EVALUATION.— 

‘‘(1) COMPTROLLER GENERAL.—Beginning 1 year after the date of enactment 

of the Federal Public Transportation Act of 2005, and every 2 years thereafter, 

the Comptroller General shall— 

‘‘(A) conduct a study to evaluate the grant program authorized by this 

section; and 

‘‘(B) transmit to the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Banking, Housing, and 

Urban Affairs of the Senate a report describing the results of the study 

under subparagraph (A). 

‘‘(2) DEPARTMENT OF TRANSPORTATION.—Not later than 3 years after the date 

of enactment of Federal Public Transportation Act of 2005, the Secretary 

shall— 

‘‘(A) conduct a study to evaluate the effectiveness of the grant program 

authorized by this section and the effectiveness of recipients making grants 

to subrecipients under this section; and 

‘‘(B) transmit to the committees referred to in paragraph (1)(B) a report 

describing the results of the study under subparagraph (A).’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by inserting after the item relating to section 5315 the following: 

‘‘5316. Job access and reverse commute formula grants.’’. 

(c) REPEAL.—Section 3037 of the Transportation Equity Act for the 21st Century 

(49 U.S.C. 5309 note; 112 Stat. 387) is repealed. 

SEC. 3018. NEW FREEDOM PROGRAM. 

(a) IN GENERAL.—Chapter 53 is further amended by inserting after section 5316 

the following: 

‘‘§ 5317. New Freedom program 

‘‘(a) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) RECIPIENT.—The term ‘recipient’ means a designated recipient (as defined 

in section 5307(a)(2)) and a State that receives a grant under this section directly. 

‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ means a State or local governmental authority, nonprofit organization, or operator of public transportation 

services that receives a grant under this section indirectly through a recipient. 

‘‘(b) GENERAL AUTHORITY.— 

‘‘(1) GRANTS.—The Secretary may make grants under this section to a recipient for new public transportation services and public transportation alternatives 

beyond those required by the Americans with Disabilities Act of 1990 (42 U.S.C. 

12101 et seq.) that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services. 

‘‘(2) ADMINISTRATIVE EXPENSES.—A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section. 

‘‘(c) APPORTIONMENTS.— 

‘‘(1) FORMULA.—The Secretary shall apportion amounts made available to 

carry out this section as follows: 

‘‘(A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that— 

‘‘(i) the number of individuals with disabilities in each such urbanized area; bears to 

259 

‘‘(ii) the number of individuals with disabilities in all such urbanized 

areas. 

‘‘(B) 20 percent of the funds shall be apportioned among the States in the 

ratio that— 

‘‘(i) the number of individuals with disabilities in urbanized areas 

with a population of less than 200,000 in each State; bears to 

‘‘(ii) the number of individuals with disabilities in urbanized areas 

with a population of less than 200,000 in all States. 

‘‘(C) 20 percent of the funds shall be apportioned among the States in the 

ratio that— 

‘‘(i) the number of individuals with disabilities in other than urbanized areas in each State; bears to 

‘‘(ii) the number of individuals with disabilities in other than urbanized areas in all States. 

‘‘(2) USE OF APPORTIONED FUNDS.—Except as provided in paragraph (3)— 

‘‘(A) funds apportioned under paragraph (1)(A) shall be used for projects 

serving urbanized areas with a population of 200,000 or more; 

‘‘(B) funds apportioned under paragraph (1)(B) shall be used for projects 

serving urbanized areas with a population of less than 200,000; and 

‘‘(C) funds apportioned under paragraph (1)(C) shall be used for projects 

serving other than urbanized areas. 

‘‘(3) LOW DENSITY ADJUSTMENT.— 

‘‘(A) SMALLER URBANIZED AREAS.—In administering the apportionment 

formula under paragraph (1)(B)— 

‘‘(i) in the case of a State with a population density of 10 or fewer 

persons per square mile in other than urbanized areas of the State, the 

Secretary shall multiply by a factor of 2 the number of individuals with 

disabilities in urbanized areas of the State with a population of less 

than 200,000 (as determined using the most recent decennial United 

States Census); and 

‘‘(ii) in the case of a State with a population density of more than 10 

but equal to or fewer than 30 persons per square mile, the Secretary 

shall multiply by a factor of 1.25 the number of individuals with disabilities in urbanized areas of the State with a population of less than 

200,000 (as determined using the most recent decennial United States 

Census). 

‘‘(B) OTHER THAN URBANIZED AREAS.—In administering the apportionment 

formula under paragraph (1)(C)— 

‘‘(i) in the case of a State with a population density of 10 or fewer 

persons per square mile in other than urbanized areas of the State, the 

Secretary shall multiply by a factor of 1.5 the number of individuals 

with disabilities in other than urbanized areas of the State (as determined using the most recent decennial United States Census); and 

‘‘(ii) in the case of a State with a population density of more than 10 

but equal to or fewer than 12 persons per square mile in other than 

urbanized areas of the State, the Secretary shall multiply by a factor 

of 1.25 the number of individuals with disabilities in other than urbanized areas of the State (as determined using the most recent decennial 

United States Census). 

‘‘(4) TRANSFERS.— 

‘‘(A) IN GENERAL.—A State may transfer any funds apportioned to it 

under paragraph (1)(B) or (1)(C), or both, to an apportionment under section 5311(c) or 5336, or both. 

‘‘(B) LIMITED TO ELIGIBLE PROJECTS.—Any funds transferred pursuant to 

this paragraph shall be made available only for eligible projects selected 

under this section. 

‘‘(C) CONSULTATION.—A State may make a transfer of an amount under 

this subsection only after consulting with responsible local officials and 

publicly owned operators of public transportation in each area for which the 

amount originally was awarded under subsection (d)(4). 

‘‘(d) COMPETITIVE PROCESS FOR GRANTS TO SUBRECIPIENTS.— 

‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation with the appropriate metropolitan 

planning organization, an areawide solicitation for applications for grants to the 

recipient and subrecipients under this section. 

‘‘(2) STATEWIDE SOLICITATION.—A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a statewide solicitation for applications 

for grants to the recipient and subrecipients under this section. 

260 

‘‘(3) APPLICATION.—Recipients and subrecipients seeking to receive a grant 

from funds apportioned under subsection (c) shall submit to the recipient an application in the form and in accordance with such requirements as the recipient 

shall establish. 

‘‘(4) GRANT AWARDS.—The recipient shall award grants under paragraphs (1) 

and (2) on a competitive basis. 

‘‘(e) GRANT REQUIREMENTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a grant under this 

section shall be subject to all the requirements of section 5307. 

‘‘(2) EMPLOYEE PROTECTIVE ARRANGEMENTS.—Section 5333(b) shall apply to 

grants under this section, except that the Secretary of Labor shall utilize, for 

urbanized areas with a population of less than 200,000 and for other than urbanized areas, a special warranty described in section 215.7 of title 29, Code 

of Federal Regulations (as in effect on the date of enactment of the Federal Public Transportation Act of 2005), that provides a fair and equitable arrangement 

to protect the interest of employees. 

‘‘(3) FAIR AND EQUITABLE DISTRIBUTION.—A recipient of a grant under this 

section shall certify that allocations of the grant to subrecipients are distributed 

on a fair and equitable basis. 

‘‘(f) COORDINATION.— 

‘‘(1) IN GENERAL.—The Secretary shall coordinate activities under this section 

with related activities under programs of other Federal departments and agencies. 

‘‘(2) WITH NONPROFIT PROVIDERS.—A recipient that transfers funds to an apportionment under section 5336 pursuant to subsection (c)(2) shall certify that 

the project for which the funds are requested under this section has been coordinated with nonprofit providers of services. 

‘‘(3) PROJECT SELECTION AND PLANNING.—Beginning in fiscal year 2007, a recipient of funds under this section shall certify that— 

‘‘(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and 

‘‘(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services 

providers and participation by the public. 

‘‘(g) GOVERNMENT’S SHARE OF COSTS.— 

‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under this section may 

not exceed 80 percent of the net capital costs of the project, as determined by 

the Secretary. 

‘‘(2) OPERATING ASSISTANCE.—A grant made under this section for operating 

assistance may not exceed 50 percent of the net operating costs of the project, 

as determined by the Secretary. 

‘‘(3) REMAINDER.—The remainder of the net project costs— 

‘‘(A) may be provided from an undistributed cash surplus, a replacement 

or depreciation cash fund or reserve, a service agreement with a State or 

local social service agency or a private social service organization, or new 

capital; and 

‘‘(B) may be derived from amounts appropriated to or made available to 

a department or agency of the Government (other than the Department of 

Transportation) that are eligible to be expended for transportation. 

‘‘(4) USE OF CERTAIN FUNDS.—For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 

403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not 

apply to Federal or State funds to be used for transportation purposes. 

‘‘(5) LIMITATION ON OPERATING ASSISTANCE.—A recipient carrying out a program of operating assistance under this section may not limit the level or extent 

of use of the Government grant for the payment of operating expenses.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by inserting after the item relating to section 5316 the following: 

‘‘5317. New freedom program.’’. 

SEC. 3019. BUS TESTING FACILITY. 

(a) IN GENERAL.—Section 5318 is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) FACILITY.—The Secretary of Transportation shall maintain one facility for 

testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise.’’; 

(2) in subsection (d) by striking ‘‘under section 5309(m)(1)(C) of this title’’ and 

inserting ‘‘to carry out this section’’; and 

(3) by striking subsection (e) and inserting the following: 

261 

‘‘(e) ACQUIRING NEW BUS MODELS.—Amounts appropriated or made available 

under this chapter may be obligated or expended to acquire a new bus model only 

if a bus of that model has been tested at the facility maintained by the Secretary 

under subsection (a).’’. 

(b) CONFORMING AMENDMENT.—Section 5323(c) is repealed. 

SEC. 3020. BICYCLE FACILITIES. 

The first sentence of section 5319 is amended— 

(1) by striking ‘‘5309(h),’’ and inserting ‘‘5309(g),’’; and 

(2) by striking ‘‘and 5311’’ and inserting ‘‘5311, and 5320’’. 

SEC. 3021. TRANSIT IN THE PARKS PILOT PROGRAM. 

(a) IN GENERAL.—Section 5320 is amended to read as follows: 

‘‘§ 5320. Transit in the parks pilot program 

‘‘(a) PUBLIC TRANSPORTATION DEFINED.—In this section, the term ‘public transportation’ means general or special transportation to the public by a conveyance that 

is publicly or privately owned. Such term does not include schoolbus or charter 

transportation but does include sightseeing transportation. 

‘‘(b) ESTABLISHMENT.—Not later than 90 days after the date of enactment of the 

Federal Public Transportation Act of 2005, the Secretary of Transportation and the 

Secretary of the Interior shall enter into a memorandum of understanding to establish a transit in the parks pilot program in accordance with the requirements of this 

section. 

‘‘(c) PURPOSE.—The purpose of the pilot program shall be to encourage and promote the development of transportation systems described in section 5301(a) within 

units of the National Park System to improve visitor mobility and enjoyment (including visitors with disabilities), reduce pollution and congestion, and enhance resource protection through the use of public transportation. 

‘‘(d) ADMINISTRATION OF PROGRAM.—The program shall be administered by the 

Secretary of Transportation, in consultation with the Secretary of the Interior. 

‘‘(e) MEMORANDUM OF UNDERSTANDING.— 

‘‘(1) PLANNING.—The memorandum of understanding under subsection (b) 

shall include transportation planning procedures that are consistent with the 

metropolitan and statewide planning processes required under chapter 52. 

‘‘(2) PROGRAMS.—The memorandum of understanding shall include descriptions of programs and activities eligible for assistance under the pilot program. 

‘‘(3) EXCEPTIONS.—The memorandum of understanding shall limit or modify 

the applicability of the provisions referred to in subsection (f) to the extent necessary to carry out the objectives of this section and to be compatible with the 

laws and regulations governing units of the National Park System. 

‘‘(f) ELIGIBLE USE OF FUNDS.—Except as provided under subsection (e)(3), the Secretary may provide funds made available to carry out this section to the Secretary 

of the Interior under interagency agreements for the following purposes: 

‘‘(1) PLANNING, ENGINEERING, DESIGN, AND EVALUATION.—Planning, engineering, design, and evaluation of public transportation projects in units of the National Park System, and for technical studies, in accordance with section 

5305(b)(2). 

‘‘(2) PUBLIC TRANSPORTATION CAPITAL PROJECTS.—Public transportation capital projects (as defined in section 5302(a)(1)) for such units in accordance with 

all the terms and conditions to which a grant is made under subsections (a), 

(b), (c), and (d) of section 5307 and such other terms and conditions as are determined by the Secretary. The Secretary of the Interior shall act as the designated recipient for the purposes of subsection (a)(2) of section 5307. 

‘‘(3) OPERATING COSTS.—Operating costs of equipment and facilities used in 

public transportation for such units. 

‘‘(g) GOVERNMENT’S SHARE OF COSTS.— 

‘‘(1) CAPITAL PROJECTS.—The Government share of the cost of any capital 

project or activity under this section shall be 100 percent of the costs of the 

project, as determined by the Secretary. 

‘‘(2) OPERATING ASSISTANCE.—A grant made under this section for operating 

assistance may not exceed 50 percent of the net operating costs of the project, 

as determined by the Secretary. 

‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall be construed as superseding, 

amending, modifying, or repealing any provision of law applicable to units of the 

National Park System.’’. 

(b) CONFORMING AMENDMENT.—The analysis for such chapter is further amended 

by striking the item relating to section 5320 and inserting the following: 

‘‘5320. Transit in the parks pilot program.’’. 

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SEC. 3022. HUMAN RESOURCE PROGRAMS. 

Section 5322 is amended— 

(1) by inserting ‘‘(a) In General.—’’ before ‘‘The Secretary’’; and 

(2) by adding at the end the following: 

‘‘(b) GRANTS TO HIGHER LEARNING INSTITUTIONS.— 

‘‘(1) AUTHORITY TO MAKE GRANTS.—The Secretary may make grants to nonprofit institutions of higher learning— 

‘‘(A) to conduct research and investigations into the theoretical or practical problems of public transportation; and 

‘‘(B) to train individuals to conduct further research or obtain employment in an organization that plans, builds, operates, or manages a public 

transportation system. 

‘‘(2) RESEARCH AND INVESTIGATIONS.—Research and investigations under this 

subsection include— 

‘‘(A) the design and use of public transportation systems and public roads 

and highways; 

‘‘(B) the interrelationship between various modes of urban, suburban, 

rural, and intercity transportation; 

‘‘(C) the role of transportation planning in overall urban planning; 

‘‘(D) public preferences in transportation; 

‘‘(E) the economic allocation of transportation resources; and 

‘‘(F) the legal, financial, engineering, and esthetic aspects of public transportation. 

‘‘(3) PREFERENCE.—When making a grant under this subsection, the Secretary 

shall give preference to an institution that brings together knowledge and expertise in the various social science and technical disciplines related to public 

transportation problems. 

‘‘(c) FELLOWSHIPS.— 

‘‘(1) AUTHORITY TO MAKE GRANTS.—The Secretary may make grants to States, 

local governmental authorities, and operators of public transportation systems 

to provide fellowships to train personnel employed in managerial, technical, and 

professional positions in the public transportation field. 

‘‘(2) TERMS.— 

‘‘(A) PERIOD OF TRAINING.—A fellowship under this subsection may be for 

not more than one year of training in an institution that offers a program 

applicable to the public transportation industry. 

‘‘(B) SELECTION OF INDIVIDUALS.—The recipient of the grant shall select 

an individual on the basis of demonstrated ability and for the contribution 

the individual reasonably can be expected to make to an efficient public 

transportation operation. 

‘‘(C) AMOUNT.—A grant for a fellowship may not be more than the lesser 

of $65,000 or 75 percent of— 

‘‘(i) tuition and other charges to the fellowship recipient; 

‘‘(ii) additional costs incurred by the training institution and billed to 

the grant recipient; and 

‘‘(iii) the regular salary of the fellowship recipient for the period of 

the fellowship to the extent the salary is actually paid or reimbursed 

by the grant recipient.’’. 

SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE. 

(a) INTERESTS IN PROPERTY.—Section 5323(a)(1) is amended— 

(1) in the matter preceding subparagraph (A)— 

(A) by striking ‘‘private mass transportation company’’ each place it appears and inserting ‘‘private company engaged in public transportation’’; 

(B) by striking ‘‘mass transportation equipment or a mass transportation 

facility’’ and inserting ‘‘a public transportation facility or equipment’’; and 

(C) by striking ‘‘mass transportation company’’ and inserting ‘‘public 

transportation company’’; and 

(2) in subparagraph (B) by striking ‘‘private mass transportation companies’’ 

and inserting ‘‘private companies engaged in public transportation’’. 

(b) NOTICE AND PUBLIC HEARING.—Section 5323(b) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘(1) An application’’ and inserting the following: 

‘‘(1) APPLICATIONS.—An application’’; 

(B) in the matter preceding subparagraph (A) by striking ‘‘or loan’’; and 

(C) by moving subparagraphs (A) through (D) 2 ems to the right; 

(2) in paragraph (2) by striking ‘‘(2) Notice of’’ and inserting the following: 

‘‘(2) NOTICE.—Notice of’’; and 

(3) by adding at the end the following: 

263 

‘‘(3) ENVIRONMENTAL RECORD.—An applicant shall include in the environmental record for a project under this chapter evidence that the applicant has 

complied with the requirements of subparagraphs (A) through (D) of paragraph 

(1).’’. 

(c) CONDITION ON CHARTER BUS TRANSPORTATION SERVICE.—Section 5323(d) is 

amended— 

(1) by striking ‘‘(1) Financial assistance’’ and inserting the following: 

‘‘(1) AGREEMENTS.—Financial assistance’’; and 

(2) by striking paragraph (2) and inserting the following: 

‘‘(2) VIOLATIONS.— ‘‘(A) INVESTIGATIONS.—On receiving a complaint about a violation of the 

agreement required under paragraph (1), the Secretary shall investigate 

and decide whether a violation has occurred. 

‘‘(B) ENFORCEMENT OF AGREEMENTS.—If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms 

of the agreement. 

‘‘(C) ADDITIONAL REMEDIES.—In addition to any remedy specified in the 

agreement, the Secretary shall bar a recipient or an operator from receiving 

Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern of violations of the agreement.’’. 

(d) BOND PROCEEDS ELIGIBLE FOR LOCAL SHARE.—Section 5323(e) is amended to 

read as follows: 

‘‘(e) BOND PROCEEDS ELIGIBLE FOR LOCAL SHARE.— 

‘‘(1) USE AS LOCAL MATCHING FUNDS.—Notwithstanding any other provision of 

law, a recipient of assistance under section 5307 or 5309 may use the proceeds 

from the issuance of revenue bonds as part of the local matching funds for a 

capital project. 

‘‘(2) MAINTENANCE OF EFFORT.—The Secretary shall approve of the use of the 

proceeds from the issuance of revenue bonds for the remainder of the net project 

cost only if the Secretary finds that the aggregate amount of financial support 

for public transportation in the urbanized area provided by the State and affected local governmental authorities during the next 3 fiscal years, as programmed in the State transportation improvement program under chapter 52 

is not less than the aggregate amount provided by the State and affected local 

governmental authorities in the urbanized area during the preceding 3 fiscal 

years. 

‘‘(3) DEBT SERVICE RESERVE.—The Secretary may reimburse an eligible recipient for deposits of bond proceeds in a debt service reserve that recipient established pursuant to section 5302(a)(1)(K) from amounts made available to the recipient under section 5307 or 5309, or both; except that such reimbursement in 

a fiscal year may not exceed 10 percent of the amounts made available to the 

recipient under section 5307 in such fiscal year.’’. 

(e) SCHOOLBUS TRANSPORTATION.—Section 5323(f) is amended— 

(1) by striking ‘‘(1) Financial assistance’’ and inserting the following: 

‘‘(1) AGREEMENTS.—Financial assistance’’; 

(2) in paragraph (1) by moving subparagraphs (A), (B), and (C) 2 ems to the 

right; and 

(3) by striking paragraph (2) and inserting the following: 

‘‘(2) VIOLATIONS.—If the Secretary finds that an applicant, governmental authority, or publicly owned operator has violated the agreement required under 

paragraph (1), the Secretary shall bar a recipient or an operator from receiving 

Federal transit assistance in an amount the Secretary considers appropriate.’’. 

(f) BUYING BUSES UNDER OTHER LAWS.—Section 5323(g) is amended by striking 

‘‘103(e)(4)’’ each place it appears and inserting ‘‘133’’. 

(g) BUY AMERICA.— 

(1) PUBLIC INTEREST WAIVER.—Section 5323(j) is amended— 

(A) by redesignating paragraphs (3) through (7) as paragraphs (4) 

through (8), respectively; and 

(B) by inserting after paragraph (2) the following: 

‘‘(3) WRITTEN JUSTIFICATION FOR PUBLIC INTEREST WAIVER.—When issuing a 

waiver based on a public interest determination under paragraph (2)(A), the 

Secretary shall issue a detailed written justification as to why the waiver is in 

the public interest. The Secretary shall publish such justification in the Federal 

Register and provide the public with a reasonable period of time for notice and 

comment.’’. 

(2) INELIGIBILITY FOR CONTRACTS.—Section 5323(j)(6) (as so redesignated) is 

amended by striking ‘‘Intermodal Surface Transportation Efficiency Act of 1991 

(Public Law 102–240, 105 Stat. 1914)’’ and inserting ‘‘Federal Public Transportation Act of 2004’’. 

264 

(3) ADMINISTRATIVE REVIEW.—Section 5323(j) is amended by adding at the 

end the following: 

‘‘(9) ADMINISTRATIVE REVIEW.—A party adversely affected by an agency action 

under this subsection shall have the right to seek review under section 702 of 

title 5.’’. 

(4) REPEAL OF GENERAL WAIVER.—Subsections (b) and (c) of Appendix A of 

section 661.7 of title 49, Code of Federal Regulations, shall cease to be in effect 

beginning on the date of enactment of this Act. 

(5) RULEMAKING.—Not later than 180 days after the date of enactment of this 

Act, the Secretary shall issue a final rule on implementation of the requirements of section 5323(j) of title 49, United States Code (in this paragraph referred to as the ‘‘Buy America requirements’’). The purposes of the regulations 

shall be as follows: 

(A) MICROPROCESSOR WAIVER.—To clarify that any waiver from the Buy 

America requirements issued under section 5323(j)(2) of such title for a 

microprocessor, computer, or microcomputer applies only to a device used 

solely for the purpose of processing or storing data and does not extend to 

a product containing a microprocessor, computer, or microcomputer. 

(B) DEFINITION OF END PRODUCT.—To define the term ‘‘end product’’ for 

purposes of part 661 of title 49, Code of Federal Regulations. In defining 

the term, the Secretary shall develop a list of representative items that are 

subject to the Buy America requirements, and shall address the procurement of systems under the definition to ensure that major system procurements are not used to circumvent the Buy America requirements. 

(h) GRANT REQUIREMENTS.—Section 5323(o) is amended by striking ‘‘the Transportation Infrastructure Finance and Innovation Act of 1998’’ and inserting ‘‘chapter 6 

(other than section 609) of title 23’’. 

SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS. 

(a) IN GENERAL.—Section 5324 is amended to read as follows: 

‘‘§ 5324. Special provisions for capital projects 

‘‘(a) RELOCATION PROGRAM REQUIREMENTS.—Financial assistance may be provided 

under section 5309 only if the Secretary decides that— 

‘‘(1) an adequate relocation program is being carried out for families displaced 

by a project; and 

‘‘(2) an equal number of decent, safe, and sanitary dwellings are being, or will 

be, provided to those families in the same area or in another area generally not 

less desirable for public utilities and public and commercial facilities, at rents 

or prices within the financial means of those families, and with reasonable access to their places of employment. 

‘‘(b) CONSIDERATION OF ECONOMIC, SOCIAL, AND ENVIRONMENTAL INTERESTS.— 

‘‘(1) COOPERATION AND CONSULTATION.—In carrying out the policy of section 

5301(e), the Secretary shall cooperate and consult with the Secretaries of the 

Interior, Health and Human Services, and Housing and Urban Development 

and the Administrator of the Environmental Protection Agency on each project 

that may have a substantial impact on the environment. 

‘‘(2) PUBLIC PARTICIPATION IN ENVIRONMENTAL REVIEWS.—In performing environmental reviews, the Secretary shall review each transcript of a hearing submitted under section 5323(b) to establish that an adequate opportunity to 

present views was given to all parties having a significant economic, social, or 

environmental interest in the project, and that the project application includes 

a record of— 

‘‘(A) the environmental impact of the proposal; 

‘‘(B) adverse environmental effects that cannot be avoided; 

‘‘(C) alternatives to the proposal; and 

‘‘(D) irreversible and irretrievable impacts on the environment. 

‘‘(3) APPROVAL OF APPLICATIONS FOR ASSISTANCE.— 

‘‘(A) FINDINGS BY THE SECRETARY.—The Secretary may approve an application for financial assistance for a capital project in accordance with this 

chapter only if the Secretary makes written findings, after reviewing the 

application and the transcript of any hearing held before a State or local 

governmental authority under section 5323(b), that— 

‘‘(i) an adequate opportunity to present views was given to all parties 

having a significant economic, social, or environmental interest; 

‘‘(ii) the preservation and enhancement of the environment and the 

interest of the community in which the project is located were considered; and 

265 

‘‘(iii) no adverse environmental effect is likely to result from the 

project, or no feasible and prudent alternative to the effect exists and 

all reasonable steps have been taken to minimize the effect. 

‘‘(B) HEARING.—If a hearing has not been conducted or the Secretary decides that the record of the hearing is inadequate for making the findings 

required by this subsection, the Secretary shall conduct a hearing on an environmental issue raised by the application after giving adequate notice to 

interested persons. 

‘‘(C) AVAILABILITY OF FINDINGS.—The Secretary’s findings under subparagraph (A) shall be made a matter of public record.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by striking the item relating to section 5324 and inserting the following: 

‘‘5324. Special provisions for capital projects.’’. 

SEC. 3025. CONTRACT REQUIREMENTS. 

(a) IN GENERAL.—Section 5325 is amended— 

(1) by striking subsections (a) and (b) and inserting the following: 

‘‘(a) COMPETITION.—Recipients of Federal assistance under this chapter shall conduct all procurement transactions involving such assistance in a manner providing 

full and open competition, as determined by the Secretary. 

‘‘(b) ARCHITECTURAL, ENGINEERING, AND DESIGN CONTRACTS.— 

‘‘(1) PROCEDURES FOR AWARDING CONTRACT.—A contract or requirement for 

program management, architectural engineering, construction management, a 

feasibility study, and preliminary engineering, design, architectural, engineering, surveying, mapping, or related services for a project for which Federal assistance is provided under this chapter shall be awarded in the same way as 

a contract for architectural and engineering services is negotiated under chapter 

11 of title 40 or an equivalent qualifications-based requirement of a State. 

‘‘(2) EFFECT OF STATE LAWS.—This subsection does not apply to the extent a 

State has adopted, before the date of enactment of the Federal Public Transportation Act of 2005, by law a formal procedure for procuring those services. 

‘‘(3) ADMINISTRATION OF CONTRACTS.—When awarding such contracts, recipients of assistance under this chapter shall maximize efficiencies of administration by accepting nondisputed audits conducted by other governmental agencies 

as follows: 

‘‘(A) PERFORMANCE OF AUDITS.—Any contract or subcontract awarded 

under this chapter shall be performed and audited in compliance with cost 

principles contained in the Federal Acquisition Regulation (part 31 of title 

48, Code of Federal Regulations). 

‘‘(B) INDIRECT COST RATES.—Instead of performing its own audits, a recipient of funds under a contract or subcontract awarded under this chapter 

shall accept indirect cost rates established in accordance with the Federal 

Acquisition Regulation for one-year applicable accounting periods by a cognizant Federal or State government agency, if such rates are not currently 

under dispute. 

‘‘(C) 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. 

‘‘(D) PRENOTIFICATION; CONFIDENTIALITY OF DATA.—A recipient of funds 

requesting or using the cost and rate data described in paragraph (3) 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 that 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.’’; and 

(2) by adding at the end the following: 

‘‘(d) DESIGN-BUILD SYSTEM PROJECTS.— 

‘‘(1) DEFINITION.—In this section, the term ‘design-build system project’ means 

a project under which a recipient enters into a contract with a seller, firm, or 

consortium of firms to design and build a public transportation system or an 

operable segment thereof that meets specific performance criteria. Such project 

may also include an option to finance, or operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment. 

266 

‘‘(2) FINANCIAL ASSISTANCE.—Government financial assistance under this 

chapter may be made available for the capital costs of a design-build system 

project after the recipient complies with Government requirements. 

‘‘(e) MULTIYEAR ROLLING STOCK.— 

‘‘(1) CONTRACTS.—A recipient procuring rolling stock with Government financial assistance under this chapter may make a multiyear contract to buy the 

rolling stock and replacement parts under which the recipient has an option to 

buy additional rolling stock or replacement parts for not more than 5 years 

after the date of the original contract. 

‘‘(2) COOPERATION AMONG RECIPIENTS.—The Secretary shall allow at least 2 

recipients to act on a cooperative basis to procure rolling stock in compliance 

with this subsection and other Government procurement requirements. 

‘‘(f) ACQUIRING ROLLING STOCK.—A recipient of financial assistance under this 

chapter may enter into a contract to expend that assistance to acquire rolling 

stock— 

‘‘(1) based on— 

‘‘(A) initial capital costs; or 

‘‘(B) performance, standardization, life cycle costs, and other factors; or 

‘‘(2) with a party selected through a competitive procurement process. 

‘‘(g) EXAMINATION OF THE RECORDS.—Upon request, the Secretary, the Comptroller General, or a representative of the Secretary or the Comptroller General 

shall have access to and the right to examine and inspect all records, documents, 

papers, including contracts, related to a project for which a grant is made under this 

chapter. 

‘‘(h) GRANT PROHIBITIONS.—A grant may not be used to support a procurement 

that uses an exclusionary or discriminatory specification.’’. 

(b) CONFORMING AMENDMENTS.—Section 5326, and the item relating to section 

5326 in the analysis for chapter 53, are repealed. 

SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND REVIEW. 

(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.—Section 5327(a) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (11); 

(2) by striking the period at the end of paragraph (12) and inserting ‘‘; and’’; 

and 

(3) by adding at the end the following: 

‘‘(13) safety and security management.’’. 

(b) LIMITATIONS.—Section 5327(c) is amended to read as follows: 

‘‘(c) LIMITATIONS.— 

‘‘(1) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.—The Secretary may use not 

more than .5 percent of amounts made available for a fiscal year to carry out 

section 5311, not more than .75 percent of amounts made available for a fiscal 

year to carry out section 5307, and not more than 1 percent of amounts made 

available for a fiscal year to carry out section 5309 to make contracts for the 

following activities: 

‘‘(A) To oversee the construction of a major project. 

‘‘(B) To review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under 

sections 5307, 5309, and 5311. 

‘‘(C) To provide technical assistance to correct deficiencies identified in 

compliance reviews and audits carried out under this section. 

‘‘(2) LIMITATIONS ON APPLICABILITY.—Subsections (a), (b), and (e) do not apply 

to contracts under this section for activities described in paragraphs (1)(B) and 

(1)(C). 

‘‘(3) GOVERNMENT’S SHARE OF COSTS.—The Government shall pay the entire 

cost of carrying out a contract under this subsection.’’. 

SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS. 

(a) IN GENERAL.—Section 5329 is amended to read as follows: 

‘‘§ 5329. Investigation of safety and hazards 

‘‘(a) IN GENERAL.—The Secretary may investigate safety and security risks associated with a condition in equipment, a facility, or an operation financed under this 

chapter that the Secretary believes causes a serious hazard of death or injury to establish the nature and extent of the condition and how to eliminate, mitigate, or 

correct it. 

‘‘(b) PLANS FOR ELIMINATING, MITIGATING, OR CORRECTING HAZARDS.—If the Secretary establishes that a condition causes a hazard, the Secretary shall require the 

local governmental authority receiving amounts under this chapter to submit a plan 

for eliminating, mitigating, or correcting it. 

267 

‘‘(c) WITHHOLDING FINANCIAL ASSISTANCE.—Financial assistance under this chapter, in an amount to be determined by the Secretary, may be withheld until a plan 

is approved and carried out.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by striking the item relating to section 5329 and inserting the following: 

‘‘5329. Investigation of safety and hazards.’’. 

SEC. 3028. STATE SAFETY OVERSIGHT. 

(a) IN GENERAL.—Section 5330 is amended— 

(1) by striking the section heading and all that follows through subsection (a) 

and inserting the following: 

‘‘§ 5330. State safety oversight 

‘‘(a) APPLICATION.—This section applies only to— 

‘‘(1) States that have rail fixed guideway public transportation systems not 

subject to regulation by the Federal Railroad Administration; and 

‘‘(2) States that are designing rail fixed guideway public transportation systems that will not be subject to regulation by the Federal Railroad Administration.’’; 

(2) in subsection (d) by inserting ‘‘shall ensure uniform safety standards and 

enforcement and’’ after ‘‘affected States’’; and 

(3) by striking subsection (f). 

(b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by striking the item relating to section 5330 and inserting the following: 

‘‘5330. State safety oversight.’’. 

SEC. 3029. CONTROLLED SUBSTANCES AND ALCOHOL MISUSE TESTING. 

(a) DEFINITIONS.—Section 5331(a)(3) is amended by striking the period at the end 

and inserting the following: ‘‘or section 2303a, 7101(i), or 7302(e) of title 46. The 

Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the 

alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.’’. 

(b) TECHNICAL CORRECTIONS.—Subsections (b)(1) and (g) of section 5331 are each 

amended by striking ‘‘or section 103(e)(4) of title 23’’. 

(c) REGULATIONS.—Section 5331(f) is amended by striking paragraph (3). 

SEC. 3030. EMPLOYEE PROTECTIVE ARRANGEMENTS. 

Section 5333(b)(1) is amended by striking ‘‘5318(d), 5323(a)(1), (b), (d), and (e), 

5328, 5337, and 5338(b)’’ each place it appears and inserting ‘‘5316, 5317, 5318, 

5320, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b), 5338(g), and 5338(h)’’. 

SEC. 3031. ADMINISTRATIVE PROCEDURES. 

Section 5334 is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘and’’ at the end of paragraph (9); 

(B) by striking the period at the end of paragraph (10) and inserting ‘‘; 

and’’; and 

(C) by adding at the end the following: 

‘‘(11) issue regulations as necessary to carry out the purposes of this chapter.’’; 

(2) by striking subsection (i); 

(3) by redesignating subsections (b) through (h) as subsections (c) through (i), 

respectively; 

(4) by inserting after subsection (a) the following: 

‘‘(b) PROHIBITIONS AGAINST REGULATING OPERATIONS AND CHARGES.— 

‘‘(1) IN GENERAL.—Except for purposes of national defense or in the event of 

a national or regional emergency, the Secretary may not regulate the operation, 

routes, or schedules of a public transportation system for which a grant is made 

under this chapter, nor may the Secretary regulate the rates, fares, tolls, rentals, or other charges prescribed by any provider of public transportation. 

‘‘(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this subsection 

shall be construed to prevent the Secretary from requiring a recipient of funds 

under this chapter to comply with the terms and conditions of its Federal assistance agreement.’’; 

(5) in subsection (c)(4) (as redesignated by paragraph (3) of this section)— 

(A) by striking ‘‘subsections (h) and (i)’’ and inserting ‘‘subsection (i)’’; and 

(B) by striking ‘‘5323(c), 5323(e), 5324(c),’’; and 

(6) by adding at the end of subsection (c) (as redesignated by paragraph (3) 

of this section) the following: 

268 

‘‘(5) NONREGULATORY SUBSTANTIVE POLICY STATEMENTS.—The Secretary shall 

provide notice and an opportunity for public comment at least 60 days before 

issuing any nonregulatory substantive policy statements (regardless of the form 

of issuance), including guidance, policy statements, and regulatory interpretations.’’. 

SEC. 3032. NATIONAL TRANSIT DATABASE. 

(a) IN GENERAL.—Section 5335 is amended— 

(1) by striking the section heading and inserting the following: 

‘‘§ 5335. National transit database’’; 

(2) by striking subsection (b); and 

(3) in subsection (a)— 

(A) by striking ‘‘(1) To help’’ and inserting ‘‘To help’’; and 

(B) by striking ‘‘(2) The Secretary’’ and inserting ‘‘(b) REPORTING AND UNIFORM SYSTEMS.—The Secretary’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by striking the item relating to section 5335 and inserting the following: 

‘‘5335. National transit database.’’. 

SEC. 3033. APPORTIONMENTS BASED ON FIXED GUIDEWAY FACTORS. 

(a) DISTRIBUTION.—Section 5337 is amended— 

(1) by striking the section designation and all that follows before paragraph 

(1) of subsection (a) and inserting the following: 

‘‘§ 5337. Apportionment based on fixed guideway factors 

‘‘(a) DISTRIBUTION.—The Secretary shall apportion amounts made available for 

fixed guideway modernization under sections 5338(b) and 5338(g) as follows:’’; 

(2) in subsection (a) by striking ‘‘(e)(1)’’ each place it appears and inserting 

‘‘(e)’’; and 

(3) in subsection (a) by striking ‘‘(e)(2)’’ each place it appears and inserting 

‘‘(e)’’. 

(b) ROUTE SEGMENTS TO BE INCLUDED IN APPORTIONMENT FORMULAS.—Section 

5337(e) is amended by striking paragraph (1) and all that follows through ‘‘(2) Other 

Standards.—’’. 

(c) CONFORMING AMENDMENT.—The item relating to section 5337 in the table of 

sections for chapter 53 is amended to read as follows: 

‘‘5337. Apportionment based on fixed guideway factors.’’. 

SEC. 3034. AUTHORIZATIONS. 

Section 5338 is amended to read as follows: 

‘‘§ 5338. Authorizations 

‘‘(a) FORMULA GRANTS.— 

‘‘(1) FISCAL YEAR 2004.— 

‘‘(A) FROM TRUST FUND.—There shall be available from the Mass Transit 

Account of the Highway Trust Fund to carry out sections 5307, 5308, 5310, 

5311, 5316, 5317, and 5318 of this chapter, 1118(b) of the Transportation 

Equity Act: A Legacy for Users (relating to the nonmotorized transportation 

pilot program), and section 3038 of the Transportation Equity Act for the 

21st Century (49 U.S.C. 5310 note; 112 Stat. 392–393) $3,132,304,000 for 

fiscal year 2004. 

‘‘(B) FROM GENERAL FUND.—In addition to amounts made available under 

subparagraph (A), there are authorized to be appropriated to carry out sections 5307, 5308, 5310, 5311, 5316, and 5318 of this chapter, 1118(b) of the 

Transportation Equity Act: A Legacy for Users (relating to the nonmotorized transportation pilot program), and section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392– 

393) $783,076,000 for fiscal year 2004. 

‘‘(C) ALLOCATION OF FUNDS.—Of the aggregate of amounts made available 

by and appropriated under this paragraph for a fiscal year— 

‘‘(i) $4,849,950 shall be available to the Alaska Railroad for improvements to its passenger operations under section 5307; 

‘‘(ii) $125,000,000 shall be available to provide job access and reverse 

commute formula grants under section 5316; 

‘‘(iii) $50,000,000 shall be available to provide clean fuels formula 

grants under section 5308; 

‘‘(iv) $8,000,000 shall be available to provide over-the-road bus accessibility grants under section 3038 of the Transportation Equity Act for 

the 21st Century (49 U.S.C. 5310 note); 

269 

‘‘(v) $3,100,000 shall be available to carry out bus testing under section 5318; ‘‘(vi) $93,110,751 shall be available to provide transportation services 

to elderly individuals and individuals with disabilities under section 

5310; ‘‘(vii) $297,954,404 shall be available to provide financial assistance 

for other than urbanized areas under section 5311; and ‘‘(viii) $3,333,364,895 shall be available to provide financial assistance for urbanized areas under section 5307, subject to section 3041(h) 

of the Federal Public Transportation Act of 2005. 

‘‘(2) FISCAL YEARS 2005 THROUGH 2009.— ‘‘(A) FROM TRUST FUND.—There shall be available from the Mass Transit 

Account of the Highway Trust Fund to carry out sections 5307, 5308, 5310, 

5311, 5316, 5317, 5318, and 5320 of this chapter, section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 

392–393), and section 1118(b) of the Transportation Equity Act: A Legacy 

for Users (relating to the nonmotorized transportation pilot program)— ‘‘(i) $4,133,500,000 for fiscal year 2005; 

‘‘(ii) $4,592,000,000 for fiscal year 2006; 

‘‘(iii) $4,898,000,000 for fiscal year 2007; 

‘‘(iv) $5,223,000,000 for fiscal year 2008; and 

‘‘(v) $5,570,000,000 for fiscal year 2009. 

‘‘(B) ALLOCATION OF FUNDS FOR BUS TESTING AND OVER-THE-ROAD BUS ACCESSIBILITY.—Of the aggregate of amounts made available by this paragraph for a fiscal year— 

‘‘(i) $3,100,000 shall be available to carry out section 5318; and 

‘‘(ii) $8,000,000 shall be available to carry out section 3038 of the 

Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note). 

‘‘(C) ALLOCATION OF FUNDS FOR CLEAN FUELS FORMULA GRANT PROGRAM.—Of the aggregate of amounts made available by this paragraph, 

$75,000,000 for fiscal year 2005 and $100,000,000 for each of fiscal years 

2006, 2007, 2008, and 2009 shall be available to carry out section 5308. 

‘‘(D) ALLOCATION OF FUNDS FOR JOB ACCESS AND REVERSE COMMUTE FORMULA GRANT PROGRAM.—Of the aggregate of amounts made available by 

this paragraph, $150,000,000 for fiscal year 2005, $175,000,000 for fiscal 

year 2006, $200,000,000 for fiscal year 2007, $200,000,000 for fiscal year 

2008, and $200,000,000 for fiscal year 2009 shall be available to carry out 

section 5316. 

‘‘(E) ALLOCATION OF FUNDS FOR NEW FREEDOM PROGRAM.—Of the aggregate of amounts made available by this paragraph, $95,000,000 for fiscal 

year 2005, $100,000,000 for fiscal year 2006, $105,000,000 for fiscal year 

2007, $115,000,000 for fiscal year 2008, and $125,000,000 for fiscal year 

2009 shall be available to carry out section 5317. 

‘‘(F) ALLOCATION OF FUNDS FOR TRANSIT IN THE PARKS PILOT PROGRAM.— 

Of the aggregate of amounts made available by this paragraph, $8,000,000 

for fiscal year 2005, $16,000,000 for fiscal year 2006, $16,000,000 for fiscal 

year 2007, $16,000,000 for fiscal year 2008, and $16,000,000 for fiscal year 

2009 shall be available to carry out section 5320. 

‘‘(G) ALLOCATION OF FUNDS FOR NONMOTORIZED TRANSPORTATION PILOT

PROGRAM.—Of the aggregate of amounts made available by this paragraph, 

$4,000,000 for fiscal year 2005, $4,000,000 for fiscal year 2006, $4,000,000 

for fiscal year 2007, $8,000,000 for fiscal year 2008, and $8,000,000 for fiscal year 2009 shall be available to carry out section 1118(b) of the Transportation Equity Act: A Legacy for Users (relating to the nonmotorized 

transportation pilot program). 

‘‘(H) ALLOCATION OF FUNDS FOR THE ALASKA RAILROAD.—Of the aggregate 

of amounts made available by this paragraph, $10,000,000 for fiscal year 

2005, $11,000,000 for fiscal year 2006, $12,000,000 for fiscal year 2007, 

$13,000,000 for fiscal year 2008, and $14,000,000 for fiscal year 2009 shall 

be available to the Alaska Railroad for improvements to its passenger operations under section 5307. 

‘‘(I) REMAINDER.—Of the remainder of the aggregate amounts made available by this paragraph for a fiscal year after the allocations under subparagraphs (B) through (H) for such fiscal year— 

‘‘(i) 2.5 percent shall be available to provide transportation services 

to elderly individuals and individuals with disabilities under section 

5310; 

‘‘(ii) 8.0 percent shall be available to provide financial assistance for 

other than urbanized areas under section 5311; and 

270 

‘‘(iii) 89.5 percent shall be available to provide financial assistance for 

urbanized areas under section 5307, subject to section 3041(h) of the 

Federal Public Transportation Act of 2005. 

‘‘(b) CAPITAL PROGRAM GRANTS IN FISCAL YEAR 2004.— 

‘‘(1) FROM TRUST FUND.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5309, $2,499,504,000 for 

fiscal year 2004. 

‘‘(2) FROM GENERAL FUND.—In addition to amounts made available by paragraph (1), there is authorized to be appropriated to carry out section 5309, 

$624,876,200 for fiscal year 2004. 

‘‘(c) PLANNING.— 

‘‘(1) FISCAL YEAR 2004.— 

‘‘(A) FROM TRUST FUND.—There shall be available from the Mass Transit 

Account of the Highway Trust Fund to carry out sections 5303, 5304, and 

5305, $72,660,000 for fiscal year 2004. 

‘‘(B) FROM GENERAL FUND.—In addition to amounts made available by 

subparagraph (A), there is authorized to be appropriated to carry out sections 5303, 5304, and 5305, $18,165,000 for fiscal year 2004. 

‘‘(2) FISCAL YEARS 2005 THROUGH 2009.— 

‘‘(A) FROM THE TRUST FUND.—There shall be available from the Mass 

Transit Account of the Highway Trust Fund to carry out sections 5303, 

5304, and 5305— 

‘‘(i) $96,875,000 for fiscal year 2005; 

‘‘(ii) $103,325,000 for fiscal year 2006; 

‘‘(iii) $110,200,000 for fiscal year 2007; 

‘‘(iv) $117,537,500 for fiscal year 2008; and 

‘‘(v) $125,362,500 for fiscal year 2009. 

‘‘(B) ALLOCATION OF FUNDS.—Of the funds made available by this paragraph for a fiscal year— 

‘‘(i) 82.72 percent shall be available for metropolitan planning under 

sections 5303, 5304, and 5305 (other than 5305(e)); and 

‘‘(ii) 17.28 percent shall be available for State planning under section 

5305(e). 

‘‘(d) RESEARCH.— 

‘‘(1) FISCAL YEAR 2004.— 

‘‘(A) FROM TRUST FUND.—There shall be available from the Mass Transit 

Account of the Highway Trust Fund to carry out sections 5311(b), 5312, 

5313, 5314, 5315, 5322, and 5335, $41,888,000 for fiscal year 2004. 

‘‘(B) FROM GENERAL FUND.—In addition to amounts made available by 

subparagraph (A), there is authorized to be appropriated to carry out sections 5311(b), 5312, 5313, 5314, 5315, 5322, and 5335, $10,472,000 for fiscal 

year 2004. 

‘‘(C) ALLOCATION OF FUNDS.—Of the funds made available by or appropriated pursuant to this paragraph for fiscal year 2004— 

‘‘(i) not less than $4,500,000 shall be available to carry out programs 

under the National Transit Institute under section 5315; 

‘‘(ii) not less than $3,500,000 shall be available to carry out section 

5335; 

‘‘(iii) not less than $3,500,000 shall be available to carry out section 

5314(a)(2); and 

‘‘(iv) not less than $8,860,000 shall be available to carry out section 

5313(a). 

‘‘(2) FISCAL YEARS 2005 THROUGH 2009.— 

‘‘(A) FROM THE GENERAL FUND.—There is authorized to be appropriated 

to carry out sections 5312, 5313, 5314, 5315, 5322, and 5335— 

‘‘(i) $54,500,000 for fiscal year 2005; 

‘‘(ii) $57,000,000 for fiscal year 2006; 

‘‘(iii) $59,500,000 for fiscal year 2007; 

‘‘(iv) $62,000,000 for fiscal year 2008; and 

‘‘(v) $64,500,000 for fiscal year 2009. 

‘‘(B) ALLOCATION OF FUNDS.—Of the funds appropriated pursuant to this 

paragraph for a fiscal year— 

‘‘(i) not less than $4,500,000 shall be available to carry out programs 

under the National Transit Institute under section 5315; 

‘‘(ii) not less than $3,500,000 shall be available to carry out section 

5335; and 

‘‘(iii) not less than $3,500,000 shall be available to carry out section 

5314(a)(2). 

271 

‘‘(C) TRANSIT COOPERATIVE RESEARCH PROGRAM.—Of the funds appro- priated pursuant to this paragraph, $9,000,000 for fiscal year 2005, 

$9,500,000 for fiscal year 2006, $10,000,000 for fiscal year 2007, 

$10,500,000 for fiscal year 2008, and $11,000,000 for fiscal year 2009 shall 

be available to carry out section 5313(a). 

‘‘(D) REMAINDER.—The remainder of the funds appropriated pursuant to 

this paragraph for a fiscal year after the allocations under subparagraphs 

(A) and (B) for such fiscal year shall be available to carry out national research and technology programs under sections 5312, 5314, and 5322. 

‘‘(e) UNIVERSITY TRANSPORTATION RESEARCH.— ‘‘(1) FISCAL YEAR 2004.— ‘‘(A) FROM TRUST FUND.—There shall be available from the Mass Transit 

Account of the Highway Trust Fund to carry out sections 5505 and 5506, 

$6,400,000 for fiscal year 2004. 

‘‘(B) FROM GENERAL FUND.—In addition to amounts made available by 

subparagraph (A), there is authorized to be appropriated to carry out sections 5505 and 5506, $1,600,000 for fiscal year 2004. 

‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—Subject to paragraph (3), there is au- thorized to be appropriated to carry out sections 5505 and 5506, $8,000,000 for 

each of fiscal years 2005 through 2009. 

‘‘(3) FUNDING OF UNIVERSITY TRANSPORTATION CENTERS.— 

‘‘(A) IN GENERAL.—Of the amounts made available by and appropriated 

under paragraphs (1) and (2) $2,000,000 for each of fiscal years 2004, 2005, 

and 2006 shall be available for the institution identified in section 

5505(j)(3)(E), as so in effect. 

‘‘(B) USE OF FUNDS.—Funds made available for the institution identified 

in subparagraph (A)(iii) shall be used to make grants under 5506(f)(5) for 

that institution 

‘‘(C) SPECIAL RULE.—Nothing in this subsection shall be construed to 

limit the transportation research conducted by the centers funded by this 

section. 

‘‘(f) ADMINISTRATION.— 

‘‘(1) FISCAL YEAR 2004.— 

‘‘(A) FROM TRUST FUND.—There shall be available from the Mass Transit 

Account of the Highway Trust Fund to carry out section 5334, $60,044,000 

for fiscal year 2004. 

‘‘(B) FROM GENERAL FUND.—In addition to amounts made available under 

subparagraph (A), there are authorized to be appropriated to carry out section 5334, $15,011,000 for fiscal year 2004. 

‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—There are authorized to be appropriated to carry out section 5334— 

‘‘(A) $78,000,000 for fiscal year 2005; 

‘‘(B) $80,000,000 for fiscal year 2006; 

‘‘(C) $82,000,000 for fiscal year 2007; 

‘‘(D) $84,000,000 for fiscal year 2008; and 

‘‘(E) $86,000,000 for fiscal year 2009. 

‘‘(g) TRUST FUND CAPITAL PROGRAM GRANTS.—There shall be available from the 

Mass Transit Account of the Highway Trust Fund to carry out sections 

5309(m)(2)(B)(i) and 5309(m)(2)(B)(iii)— 

‘‘(1) $1,884,255,000 for fiscal year 2005; 

‘‘(2) $2,080,005,000 for fiscal year 2006; 

‘‘(3) $2,210,580,000 for fiscal year 2007; 

‘‘(4) $2,366,677,500 for fiscal year 2008; and 

‘‘(5) $2,518,882,500 for fiscal year 2009. 

‘‘(h) GENERAL FUND CAPITAL PROGRAM GRANTS.—There are authorized to be appropriated to carry out sections 5309(m)(2)(A) and 5309(m)(2)(B)(ii)— 

‘‘(1) $1,391,170,000 for fiscal year 2005; 

‘‘(2) $1,561,670,000 for fiscal year 2006; 

‘‘(3) $1,673,720,000 for fiscal year 2007; 

‘‘(4) $1,777,785,000 for fiscal year 2008; and 

‘‘(5) $1,904,255,000 for fiscal year 2009. 

‘‘(i) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST FUND.—A grant or contract approved by the Secretary, that is financed with amounts made available under 

subsection (a)(l)(A), (a)(2), (b)(1), (c)(2), (d)(1)(A), (e)(1)(A), (f)(1)(A), or (g) is a 

contractual obligation of the Government to pay the Government’s share of the 

cost of the project. 

‘‘(2) GRANTS FINANCED FROM GENERAL FUND.—A grant or contract, approved 

by the Secretary, that is financed with amounts made available under subVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00273 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
272 

section (a)(l)(B), (b)(2), (c)(1)(B), (d)(1)(B), (d)(2), (e)(1)(B), (e)(2), (f)(1)(B), (f)(2), 

or (h) is a contractual obligation of the Government to pay the Government’s 

share of the cost of the project only to the extent that amounts are provided 

in advance in an appropriations Act. 

‘‘(j) AVAILABILITY OF AMOUNTS.—Amounts made available by or appropriated 

under subsections (a) through (h) shall remain available until expended.’’. 

SEC. 3035. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM. 

(a) IN GENERAL.—Section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392) is amended— 

(1) by striking the section heading and inserting the following: 

‘‘SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.’’; 

(2) by striking subsection (e) and inserting the following: 

‘‘(e) FEDERAL SHARE OF COSTS.—The Federal share of costs under this section 

shall be provided from funds made available to carry out this section. The Federal 

share of the costs for a project shall not exceed 80 percent of the project cost.’’; and 

(3) by striking subsection (g) and inserting the following: 

‘‘(g) FUNDING.— 

‘‘(1) INTERCITY, FIXED ROUTE OVER-THE-ROAD BUS SERVICE.—Of the amounts 

made available to carry out this section in each fiscal year, 75 percent shall be 

available for operators of over-the-road buses used substantially or exclusively 

in intercity, fixed-route over-the-road bus service to finance the incremental 

capital and training costs of the Department of Transportation’s final rule regarding accessibility of over-the-road buses. Such amounts shall remain available until expended. 

‘‘(2) OTHER OVER-THE-ROAD BUS SERVICE.—Of the amounts made available to 

carry out this section in each fiscal year, 25 percent shall be available for operators of other over-the-road bus service to finance the incremental capital and 

training costs of the Department of Transportation’s final rule regarding accessibility of over-the-road buses. Such amounts shall remain available until expended.’’. 

(b) CONFORMING AMENDMENTS.—The table of contents contained in section 1(b) of 

the Transportation Equity Act for the 21st Century (112 Stat. 107) is amended by 

striking the item relating to section 3038 and inserting the following: 

‘‘3038. Over-the-road bus accessibility program.’’. 

SEC. 3036. UPDATED TERMINOLOGY. 

(a) AMENDMENTS TO CHAPTER 53.—Chapter 53 is amended— 

(1) in the chapter heading by striking ‘‘mass’’ and inserting ‘‘public’’; 

(2) in section 5310(h) by striking ‘‘Mass’’ and inserting ‘‘Public’’; 

(3) in the subsection heading for section 5331(b) by striking ‘‘MASS’’ and inserting ‘‘PUBLIC’’; and 

(4) by striking ‘‘mass’’ each place it appears in such chapter before ‘‘transportation’’ and inserting ‘‘public’’, except in sections 5301(f), 5302(a)(7), 5315, 

5323(a)(1), and 5323(a)(1)(B). 

(b) TABLE OF CHAPTERS.—The table of chapters for subtitle III is amended in the 

item relating to chapter 53 by striking ‘‘MASS’’ and inserting ‘‘PUBLIC’’. 

SEC. 3037. PROJECT AUTHORIZATIONS FOR NEW FIXED GUIDEWAY CAPITAL PROJECTS. 

(a) EXISTING FULL FUNDING GRANT AGREEMENTS.—The following projects are authorized for final design and construction for existing full funding grant agreements 

in not less than the amount specified for each fiscal year: 

(1) Baltimore—Central LRT Double Tracking $39,367,154 for fiscal year 2004, 

$28,777,920 for fiscal year 2005, and $12,655,664 for fiscal year 2006. 

(2) Chicago—Chicago Transit Authority Douglas Branch Reconstruction 

$83,655,202 for fiscal year 2004, $84,320,000 for fiscal year 2005, and 

$45,825,190 for fiscal year 2006. 

(3) Chicago—Chicago Transit Authority Ravenswood Expansion Project 

$9,841,789 for fiscal year 2004, $39,680,000 for fiscal year 2005, $40,000,000 for 

fiscal year 2006, $40,000,000 for fiscal year 2007, $40,000,000 for fiscal year 

2008, and $65,152,615 for fiscal year 2009. 

(4) Cleveland—Euclid Corridor Transportation Project $10,825,967 for fiscal 

year 2004, $24,800,000 for fiscal year 2005, and $24,974,513 for fiscal year 

2006. 

(5) Dallas—North Central LRT Extension $29,684,097 for fiscal year 2004. 

(6) Denver Southeast Corridor LRT $78,734,308 for fiscal year 2004, 

$79,360,000 for fiscal year 2005, $80,000,000 for fiscal year 2006, $80,000,000 

for fiscal year 2007, and $77,192,758 for fiscal year 2008. 

273 

(7) Fort Lauderdale—Tri-Rail Commuter Rail Upgrade $18,118,733 for fiscal year 2004 and $11,318,230 for fiscal year 2005. (8) Los Angeles—Metro Gold Line Eastside Extension $59,520,000 for fiscal year 2005, $80,000,000 for fiscal year 2006, $100,000,000 for fiscal year 2007, 

$80,000,000 for fiscal year 2008, and $80,000,000 for fiscal year 2009. (9) Memphis—Medical Center Extension $9,101,281 for fiscal year 2004. 

(10) Metra North Central Corridor Commuter Rail $19,177,300 for fiscal year 2004, $20,000,000 for fiscal year 2005, and $18,476,237 for fiscal year 2006. (11) Metra South West Corridor Commuter Rail $15,000,000 for fiscal year 2004, $15,500,000 for fiscal year 2005, and $11,781,395 for fiscal year 2006. (12) Metra Union Pacific West Line Extension $17,000,000 for fiscal year 2004, $12,000,000 for fiscal year 2005, and $14,285,749 for fiscal year 2006. (13) Minneapolis—Hiawatha Corridor LRT $73,793,730 for fiscal year 2004 and $33,428,865 for fiscal year 2005. (14) New Jersey Urban Core—Hudson-Bergen LRT MOS–2 $98,417,885 for fiscal year 2004, $99,200,000 for fiscal year 2005, $100,000,000 for fiscal year 

2006, $100,000,000 for fiscal year 2007, and $53,202,995 for fiscal year 2008. 

(15) New Jersey Urban Core—Newark-Elizabeth Rail Link MOS–1 $22,209,000 for fiscal year 2004, $316,907 for fiscal year 2005, and $1,025,169 

for fiscal year 2006. (16) New Orleans MOS–1 Canal Street $22,922,877 for fiscal year 2004 and 

$16,613,047 for fiscal year 2005. 

(17) Phoenix—Central Phoenix/East Valley LRT $12,794,325 for fiscal year 

2004, $74,400,000 for fiscal year 2005, $90,000,000 for fiscal year 2006, 

$90,000,000 for fiscal year 2007, $90,000,000 for fiscal year 2008, and 

$90,000,000 for fiscal year 2009. 

(18) Pittsburgh—Stage II LRT Reconstruction $31,733,314 for fiscal year 2004 

and $1,131,666 for fiscal year 2005. 

(19) Portland—Interstate MAX LRT Extension $76,273,861 for fiscal year 

2004, $23,292,160 fiscal year 2005, and $18,292,550 for fiscal year 2006. 

(20) Salt Lake City—Medical Center $30,178,231 for fiscal year 2004 and 

$8,765,421 for fiscal year 2005. 

(21) San Diego—Mission Valley East LRT Extension $63,971,625 for fiscal 

year 2004, $80,986,880 for fiscal year 2005, and $8,353,424 for fiscal year 2006. 

(22) San Diego—Oceanside Escondido Rail Corridor $47,240,585 for fiscal 

year 2004, $54,560,000 fiscal year 2005, and $12,211,061 for fiscal year 2006. 

(23) San Francisco—BART Extension to San Francisco Airport $98,417,890 

for fiscal year 2004, $99,200,000 fiscal year 2005, and $82,655,680 for fiscal year 

2006. 

(24) San Juan—Tren Urbano $19,683,577 for fiscal year 2004, $44,263,040 fiscal year 2005, and $10,555,900 for fiscal year 2006. 

(25) Seattle—Central Link Initial Segment LRT $73,813,414 for fiscal year 

2004, $79,360,000 for fiscal year 2005, $80,000,000 for fiscal year 2006, 

$80,000,000 for fiscal year 2007, $70,000,000 for fiscal year 2008, and 

$24,028,149 for fiscal year 2009. 

(26) Washington DC/MD—Largo Metrorail Extension $63,971,625 for fiscal 

year 2004 and $76,156,450 for fiscal year 2005. 

(b) FINAL DESIGN AND CONSTRUCTION.—The following projects are authorized for 

final design and construction for fiscal years 2004 through 2009 under paragraphs 

(1)(B), (2)(A), and (2)(B)(ii) of section 5309(m) of title 49, United States Code: 

(1) Baltimore—MARC Commuter Rail Improvements. 

(2) Boston—Silver Line BRT Phase III. 

(3) Charlotte—South Corridor LRT. 

(4) Dallas Area Rapid Transit—Northwest-Southeast LRT Extension. 

(5) Delaware—Wilmington-Newark Commuter Rail Improvements. 

(6) Denver—West Corridor LRT. 

(7) El Paso—Rapid Transit (SMART) Starter Line. 

(8) Harrisburg—Corridor One Commuter Rail (MOS–1). 

(9) Kansas City, Missouri—Southtown BRT. 

(10) Las Vegas—Resort Corridor Downtown Extension Project. 

(11) Los Angeles MTA—Exposition LRT. 

(12) Miami-Dade Transit—North Corridor. 

(13) Minneapolis—North Star Corridor. 

(14) Nashville, Tennessee Commuter Rail. 

(15) New Britain-Hartford Busway Project. 

(16) New Orleans—Desire Corridor Streetcar. 

(17) New York—Long Island Railroad East Side Access Project. 

(18) New York—Second Avenue Subway. 

(19) Norfolk Light Rail. 

274 

(20) Northern Virginia—Dulles Corridor Extension to Wiehle Avenue (Phase 

1). 

(21) Orange County, California—Center Line LRT. 

(22) Philadelphia—Schuylkill Valley MetroRail. 

(23) Pittsburgh—North Shore Connector. 

(24) Portland, Oregon—South Corridor I–205/Portland Mall LRT. 

(25) Providence—South County Commuter Rail. 

(26) Sacramento—South Corridor LRT Extension (Phase 2), Meadowview to 

Consumnes River College. 

(27) Salt Lake City—Weber County to Salt Lake City Commuter Rail. 

(28) San Diego—Mid-Coast Extension. 

(29) San Francisco Muni—Third Street LRT-Phase I/II. 

(30) Santa Clara Valley Transit Authority—Silicon Valley Rapid Transit Corridor. 

(31) Tampa Bay—Regional Rail. 

(32) Triangle Transit Authority, North Carolina—Regional Rail Project. 

(33) Washington County, Oregon—Wilsonville to Beaverton Commuter Rail. 

(34) Wasilla-Girdwood, Alaska—Commuter Rail. 

(c) ALTERNATIVES ANALYSIS AND PRELIMINARY ENGINEERING.—The following 

projects are authorized for alternatives analysis and preliminary engineering for fiscal years 2004 through 2009 under paragraphs (1)(B), (2)(A), and (2)(B)(ii) of section 

5309(m) of title 49, United States Code: 

(1) Albuquerque—High Capacity Corridor. 

(2) Ann Arbor/Detroit—Commuter Rail. 

(3) Atlanta—MARTA Memorial Drive Bus Rapid Transit. 

(4) Atlanta—GRTA I–75 Corridor, Downtown Atlanta—Cherokee County. 

(5) Atlanta—Georgia 400 North Line Corridor Project. 

(6) Atlanta—Belt Line C–Loop. 

(7) Atlanta—I–20 South DeKalb–Lindbergh Corridor Project. 

(8) Austin—San Antonio I–35 Commuter Rail. 

(9) Austin—Rapid Bus Project. 

(10) Austin—Regional Commuter Rail. 

(11) Baltimore Light Rail System Extensions. 

(12) Bernillo-Santa Fe—New Mexico Commuter Rail. 

(13) Birmingham, Alabama—Transit Corridor. 

(14) Boise—Downtown Circulator. 

(15) Boston—Lechmere Transit Improvement to Somerville and Medford. 

(16) Boston—North Shore Corridor and Blue Line Extension. 

(17) Boston—North/South Rail Link. 

(18) Boston—Urban Ring BRT. 

(19) Broward County, Florida—Bus Rapid Transit. 

(20) Central Florida Commuter Rail System. 

(21) Central Phoenix—East Valley Corridor LRT Extensions. 

(22) Charlotte—North Corridor Project. 

(23) Charlotte—Northeast Corridor Project. 

(24) Charlotte—South Corridor LRT extension to Rock Hill, South Carolina. 

(25) Charlotte—Southeast-West Corridor Project. 

(26) Charlotte—Center City Streetcar Project. 

(27) Chicago—Cermack Road BRT. 

(28) Chicago CTA—Red Line Extension. 

(29) Chicago CTA—Chicago Transit Hub (Circle Line-Ogden Streetcar). 

(30) Chicago CTA—Orange Line Extension (Midway Airport to Ford City). 

(31) Chicago CTA—Southeast Service-La Salle Street Station to Baltimore 

Race Track. 

(32) Chicago CTA—Yellow Line Extension (Dempster-Old Orchard). 

(33) Chula Vista, California—Bus Rapid Transit. 

(34) Clark County, Washington—MAX Extension. 

(35) Cleveland-Akron-Canton (Northeast Ohio) Commuter Rail. 

(36) Columbia, South Carolina—Light Rail. 

(37) Contra-Costa—BART Extension. 

(38) Corpus Christi—Downtown Rail Trolley. 

(39) Dallas Area Rapid Transit—Dallas Central Business District. 

(40) Dallas Area Rapid Transit—Rowlett LRT Extension. 

(41) Dallas Area Rapid Transit—Beltline to DFW Airport. 

(42) Dayton—Aviation Heritage Corridor Streetcar Project. 

(43) Denton County Transportation Authority, Texas—Fixed Guideway 

Project. 

(44) Denver—Gold Line Extension to Arvada. 

(45) Denver—United States Route 36 Transit Corridor. 

275 

(46) Denver—North Metro Corridor to Thornton. 

(47) Denver—East Corridor to DIA Airport. 

(48) Denver—I–225 Transit Corridor. 

(49) Denver—Southeast Corridor Extension to Lone-Tree/Ridgegate. 

(50) Denver—Southwest Corridor Extension to C470/Lucent Boulevard. 

(51) Detroit—Center City Loop. 

(52) District of Columbia—Light Rail Starter Line. 

(53) Fitchburg, Massachusetts—Commuter Rail Extensions and Improvements. 

(54) Fort Lauderdale—Downtown Rail Link. 

(55) Fort Lauderdale—Transit Project from NW 215th and 79th Streets. 

(56) Fort Worth—Cottonbelt Commuter Rail to DFW. 

(57) Fort Worth—Trinity Railway Express Commuter Rail Extensions. 

(58) Galveston—Rail Trolley Extension. 

(59) Glendale, California—Downtown Streetcar. 

(60) Grand Rapids—Fixed Guideway Corridor Project. 

(61) Guam—Tumon Bay-Airport Light Rail. 

(62) Honolulu—Rapid Transit Project. 

(63) Houston Advanced Transit Program Light Rail. 

(64) Indianapolis—System of Metropolitan Area Rapid Transit. 

(65) Jacksonville—East-Southwest BRT. 

(66) Jacksonville—North-Southeast BRT. 

(67) Kansas City, Missouri-Lawrence, Kansas—Commuter Rail. 

(68) Kenosha-Racine-Milwaukee Metra Commuter Rail Extension (Wisconsin). 

(69) Kenosha, Wisconsin Streetcar Expansion Project. 

(70) King County, Washington—I–405 Corridor Bus Rapid Transit. 

(71) Lakeville, Minnesota—Cedar Avenue Corridor Bus Rapid Transit. 

(72) Lane County, Oregon—Bus Rapid Transit, Phase 2. 

(73) Little Rock—River Rail Streetcar Extensions. 

(74) Little Rock—West Little Rock Commuter Rail. 

(75) Long Island Railroad—Nassau Hub. 

(76) Lorain-Cleveland Commuter Rail. 

(77) LOSSAN Del Mar-San Diego—Rail Corridor Improvements. 

(78) Lovejoy to Griffin, Georgia Commuter Rail. 

(79) Madison and Dane Counties, Wisconsin—Transport 2020 Commuter Rail. 

(80) Maryland—I–270 Corridor Cities Transitway. 

(81) Maryland—Route 5 Corridor to Waldorf. 

(82) Maryland—Silver Spring Capacity Improvements. 

(83) Memphis—Downtown Airport Corridor. 

(84) Memphis Regional Rail Plan. 

(85) Memphis, Medical Center Rail Extension to Airport. 

(86) Metra BNSF Naperville to Aurora Corridor Extension and Improvements. 

(87) Metra South Suburban Airport Commuter Rail Extension. 

(88) Metra SouthEast Service Line Commuter Rail. 

(89) Metra STAR Line Inter-Suburban Commuter Rail. 

(90) Metra UP Northwest Line Core Capacity Upgrades. 

(91) Metra UP West Line Core Capacity Upgrades. 

(92) Metra-West Line Extension, Elgin to Rockford. 

(93) Miami-Dade Transit—Douglas Road Extension. 

(94) Miami-Dade Transit—East-West Corridor. 

(95) Miami-Dade Transit—Kendall Corridor. 

(96) Miami-Dade Transit—Northeast Corridor. 

(97) Miami-Dade Transit—South Dade Corridor. 

(98) Miami-Dade Transit—Miami Intermodal Center to Earlington Heights. 

(99) Miami—Downtown Streetcar Project. 

(100) Middletown-South Fallsburg, New York, Passenger Rail. 

(101) Minneapolis-St. Paul—Central Corridor Transit Project. 

(102) Missouri/Kansas—Interstate 35 Transit Corridor. 

(103) Monterey County, California—Commuter Rail. 

(104) Montgomery and Prince George’s Counties, Maryland—Bi-County 

Transitway (Purple Line). 

(105) Nashua—Commuter Rail. 

(106) Nashua-Manchester—Commuter Rail Extension. 

(107) Nashville—Area Transit Corridors. 

(108) Nashville—Southeast Rail Corridor. 

(109) Nashville Tennessee Commuter Rail. 

(110) Nassau and Queens Counties, New York—LIRR Main Line Third Track 

Project. 

276 

(111) New Haven, Connecticut-Hartford, Connecticut-Springfield, Massachusetts Commuter Line. 

(112) New Jersey Trans-Hudson Midtown Corridor. 

(113) New Jersey Transit—Northeast Corridor Trans-Hudson Commuter Rail 

Improvements. 

(114) New Jersey Transit—Morris/Essex/Boonton Trans-Hudson Commuter 

Rail Improvements. 

(115) New Jersey Transit—New York Susquehanna and Western RR Commuter Extension. 

(116) New Jersey Transit—West Trenton Line Commuter Line Service Extension. 

(117) New Jersey Urban Core. 

(118) New Orleans—Airport-CBD Commuter Rail. 

(119) New York—Rockaway-Brooklyn Army Terminal-Manhattan Ferry Service. 

(120) New York—Staten Island to Manhattan High-Speed Ferry Service Extension. 

(121) New York—Stewart Airport Rail Access. 

(122) Newburg, New York—LRT System. 

(123) North Carolina Piedmont Authority Regional Rail—Greensboro to Winston-Salem. 

(124) Northern Indiana—Commuter District Line. 

(125) Northern Indiana—West Lake Commuter Rail Link (South Shore Commuter Rail). 

(126) Norfolk—Naval Station Corridor. 

(127) Norfolk-Petersburg—United States Route 460 Commuter Rail Project. 

(128) Northern Virginia—Crystal City Potomac Yards Transit. 

(129) Northern Virginia—Columbia Pike Rapid Transit Project. 

(130) Northern Virginia—Dulles Corridor Extension, Phase 2. 

(131) Northern Virginia—Richmond Highway (Route 1) Rapid Transit Project. 

(132) Orlando-Orange County, Florida—Light Rail Project. 

(133) Philadelphia—Navy Yard Transit Extension. 

(134) Philadelphia—52nd Street City Connector Project. 

(135) Philadelphia—Route 100 Rapid Trolley Extension. 

(136) Philadelphia—Broad Street Subway Line Extension. 

(137) Pinellas Mobility Initiative Bus Rapid Transit. 

(138) Pittsburgh—Allegheny and Armstrong Counties, Commuter Rail. 

(139) Pittsburgh—East-West Corridor Rapid Transit. 

(140) Pittsburgh—Martin Luther King, Jr. Busway Extension. 

(141) Portland Streetcar Extensions. 

(142) Provo-Orem Utah—Bus Rapid Transit. 

(143) Quakertown-Stoney Creek, Pennsylvania—Rail Restoration. 

(144) Raritan Valley, New Jersey—Commuter Rail. 

(145) Reno, Nevada—Virginia Street Bus Rapid Transit Project. 

(146) Riverside County, California—Perris Valley Line Metrolink Extension. 

(147) Roaring Fork Valley, Colorado—Bus Rapid Transit. 

(148) Rock Island, Illinois—Quad Cities Rapid Transit System. 

(149) Sacramento—Regional Rail, Auburn to Oakland. 

(150) Sacramento—Downtown/Natomas Airport Transit Corridor. 

(151) St. Paul-Hastings—Red Rock Corridor Commuter Rail Project. 

(152) Salt Lake City—Airport to University LRT. 

(153) Salt Lake City—Delta Center to Gateway Intermodal Center LRT Extension. 

(154) Salt Lake City—Draper to Sandy LRT Extension. 

(155) Salt Lake City—TRAX Capacity Improvements. 

(156) Salt Lake City—West Valley City LRT Extension. 

(157) Salt Lake City—West Jordan LRT extension. 

(158) San Antonio—Bus Rapid Transit. 

(159) San Diego—Sprinter Rail Line Extension Project. 

(160) San Francisco—BART Extension to Livermore. 

(161) San Francisco—BART Extension to Oakland International Airport. 

(162) San Francisco—MUNI Geary Boulevard Bus Rapid Transit. 

(163) San Gabriel Valley—Gold Line Foothill Extension, Pasadena to 

Montclair. 

(164) San Joaquin Regional Rail Commission Commuter Rail (Altamont Commuter Express). 

(165) San Juan Tren Urbano—Extension from Rio Piedras to Carolina. 

(166) San Juan—Tren Urbano Minillas Extension. 

(167) Santa Fe—El Dorado Rail Link. 

277 

(168) Seattle—Monorail Project. 

(169) Seattle—Link LRT Extensions. 

(170) Seattle—Sound Transit Commuter Rail. 

(171) Seattle—Sound Transit Regional Express Bus. 

(172) Sevierville to Pigeon Ford, Tennessee—Bus Rapid Transit. 

(173) Sonoma/Marin (SMART) Commuter Rail, California. 

(174) South Carolina High Speed Rail Corridor. 

(175) Southern California High Speed Regional Transit. 

(176) St. Louis Metro Link—Scott AFB to Mid America Airport. 

(177) St. Louis—East/West Gateway. 

(178) St. Louis—Metro Link Northside Daniel Boone Project. 

(179) St. Louis—Metro South Corridor. 

(180) St. Louis—University Downtown Trolley. 

(181) Stamford, Connecticut—Urban Transitway Phase II. 

(182) Tampa—Bus Rapid Transit Improvements. 

(183) Toledo, Ohio—CBD to Zoo. 

(184) Toledo, Ohio—University Corridor. 

(185) Trenton Trolley. 

(186) Tri-Rail Dolphin Extension. 

(187) Tri-Rail Florida East Coast Commuter Rail Extension. 

(188) Tri-Rail Jupiter Extension. 

(189) Tri-Rail Scripps Corridor Extension Project. 

(190) Tucson—Old Pueblo Trolley Expansion. 

(191) Vancouver—Interstate MAX Extension to Clark County, Washington. 

(192) Virginia Beach—Bus Rapid Transit. 

(193) Virginia Railway Express Capacity Improvements. 

(194) Washington State Ferries and Ferry Facilities. 

(195) Washington State—Issaquah Valley Trolley Project. 

(196) Williamsburg-Newport News—Peninsula Rail Transit. 

(d) RULES RELATING TO FUNDING.— 

(1) SUBSECTION (a) PROJECTS.— 

(A) IN GENERAL.—The Secretary is authorized to expend funds made 

available under section 5309(m) of title 49, United States Code, for final design and construction of projects authorized by subsection (a) as existing 

full funding grant agreements. 

(B) MINIMUM FUNDING LEVELS.—The Secretary shall make available not 

less than the following amounts for projects authorized by subsection (a): 

$1,065,927,770 for fiscal year 2004, $1,071,034,586 for fiscal year 2005, 

$731,532,532 for fiscal year 2006, $490,000,000 for fiscal year 2007, 

$410,395,753 for fiscal year 2008, and $259,180,764 for fiscal year 2009. 

(2) SUBSECTION (b) PROJECTS.— 

(A) IN GENERAL.—Projects authorized by subsection (b) for final design 

and construction are also authorized for alternatives analysis and preliminary engineering. 

(B) MINIMUM FUNDING LEVELS.—The Secretary shall make available not 

less than the following amounts for projects authorized by subsection (b): 

$30,579,750 for fiscal year 2004, $186,475,050 for fiscal year 2005, 

$681,268,504 for fiscal year 2006, $1,024,856,176 for fiscal year 2007, 

$1,199,242,825 for fiscal year 2008, and $1,465,646,690 for fiscal year 2009. 

(C) PRIORITY.—In making funds available under subparagraph (B), the 

Secretary shall first make such funds available for any full funding grant 

agreement executed by the Secretary in fiscal year 2005 after the date of 

enactment of this Act and for any full funding grant agreement executed 

by the Secretary in the amount indicated in fiscal years 2005 through 2009 

in the amount indicated in the ‘‘Schedule of Federal Funds for the Project’’ 

included in such agreement. 

(3) SUBSECTION (c) PROJECTS.— 

(A) IN GENERAL.—Effective October 1, 2007, projects authorized by subsection (c) for alternatives analysis and preliminary engineering are also 

authorized for final design and construction. 

(B) MAXIMUM FUNDING LEVELS.—The Secretary shall make available not 

more than the following amounts for projects authorized by subsection (c): 

$95,348,480 for fiscal year 2004, $109,348,664 for fiscal year 2005, 

$122,852,264 for fiscal year 2006, and $131,726,624 in fiscal year 2007. 

(C) MAXIMUM FUNDING LEVELS FOR ALTERNATIVES ANALYSIS AND PRELIMINARY ENGINEERING.—In fiscal years 2008 and 2009, the Secretary shall 

make available not more than the following amounts for projects authorized 

by subsection (b), and projects authorized by subsection (c), to conduct alterVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00279 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
278 

natives analysis and preliminary engineering activities: $139,968,572 in fiscal year 2008 and $149,984,996 in fiscal year 2009. 

(e) NEW JERSEY URBAN CORE PROJECT.—Section 3031(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (112 Stat. 380; 105 Stat. 2122) is amended— 

(1) by striking ‘‘associated components to and at the contiguous New Jersey 

Meadowlands Sports Complex),’’ and inserting ‘‘to and at the contiguous New 

Jersey Meadowlands Sports Complex), including a connection to the Hudson 

River Waterfront Transportation System, the Lackawanna Cutoff,’’; and 

(2) by striking ‘‘in Lakewood to Freehold to Matawan or Jamesburg, New Jersey, as described in section 3035(p) of the Intermodal Surface Transportation 

Efficiency Act of 1991 (105 Stat. 2131)’’ and inserting ‘‘from Lakehurst to the 

Northeast Corridor or the New Jersey Coast Line’’. 

(f) NEW JERSEY TRANS-HUDSON MIDTOWN CORRIDOR.—Project elements of the 

New Jersey Trans-Hudson Midtown Corridor advanced with 100 percent non-Federal funds shall be given consideration by the Federal Transit Administration when 

evaluating the local share of the project in the new starts rating process, including 

the purchase of bilevel rail equipment. 

SEC. 3038. PROJECTS FOR BUS AND BUS-RELATED FACILITIES. 

Of the amounts made available to carry out section 5309(m)(2)(B)(iii) of title 49, 

United States Code, for each of fiscal years 2006 through 2008, the Secretary shall 

make funds available for the following projects in not less than the amounts specified for the fiscal year: 

Projects FY 06 FY 07 FY 08 

1. Glendale, CA Purchase of CNG Buses for Glendale Beeline Transit 

System .................................................................................................... $147,840 $152,460 $161,700 

2. Detroit Fare Collection System ............................................................... $1,280,000 $1,320,000 $1,400,000 

3. Flint, MI Construct Intermodal Hub at Bishop International Airport .... $640,000 $660,000 $700,000 

4. Des Plaines, Wauconda, Cook and Lake Counties, IL Rand Road 

Transit Signal Priority ............................................................................ $256,000 $264,000 $280,000 

5. Indianapolis, IN Downtown transit center ............................................. $4,480,000 $4,620,000 $4,900,000 

6. Los Angeles, CA, Construction of Intermodal Transit Center at California State University Los Angeles ....................................................... $252,800 $260,700 $276,500 

7. Columbus, OH—Central Ohio Transity Authority Paratransit Facility ... $640,000 $660,000 $700,000 

8. Silver Spring, MD Construct Silver Spring Transit Center in downtown 

Silver Spring ........................................................................................... $1,168,000 $1,204,500 $1,277,500 

9. Detroit, MI Enclosed heavy-duty maintenance facility with full operational functions for up to 300 buses .................................................. $1,440,000 $1,485,000 $1,575,000 

10. Bronx, NY Wildlife Conservation Society intermodal transportation 

facility at the Bronx Zoo ........................................................................ $160,000 $165,000 $175,000 

11. Construct pedestrian and bicycle amenities on Seawall Blvd Galveston, TX ............................................................................................... $960,000 $990,000 $1,050,000 

12. Hoboken, NJ Rehabilitation of Hoboken Intermodal Terminal ............. $320,000 $330,000 $350,000 

13. Newark, NJ Penn Station Intermodal Improvements including the rehabilitation of boarding areas ............................................................... $320,000 $330,000 $350,000 

14. Orlando, Florida—LYNX Bus Fleet Expansion Program ....................... $288,000 $297,000 $315,000 

15. Fairfax County, VA Richmond Highway (U.S. Route 1) Public Transportation Improvements ......................................................................... $640,000 $660,000 $700,000 

16. Portland, OR Renovation of Union Station, including structural reinforcement and public safety upgrades .................................................. $32,000 $33,000 $35,000 

17. Davis, CA Davis Multi-Modal Station to improve entrance to Amtrak 

Depot and parking lot, provide additional parking and improve service ........................................................................................................... $320,000 $330,000 $350,000 

18. Reno-Sparks, Nevada—Intermodal Transportation Terminals and 

Related Development .............................................................................. $1,280,000 $1,320,000 $1,400,000 

19. Bar Harbor, ME Purchase new buses to enhance commuting near 

the Jackson Labs .................................................................................... $96,000 $99,000 $105,000 

20. Bronx, NY Establish an intermodal transportation facility at the 

Wildlife Conservation Society Bronx Zoo ................................................ $320,000 $330,000 $350,000 

21. Hingham, MA Hingham Marine Intermodal Center Improvements: 

Enhance public transportation infrastructure/parking .......................... $2,880,000 $2,970,000 $3,150,000 

22. Philadelphia, PA Philadelphia Zoo Intermodal Transportation project 

w/parking consolidation, pedestrian walkways, public transportation 

complements & landscape improvements to surface parking lots ...... $1,600,000 $1,650,000 $1,750,000 

23. Construct intermodal transportation & parking facility, City of Winter Park ................................................................................................... $160,000 $165,000 $175,000 

24. Roma, TX Bus Facility .......................................................................... $168,000 $173,250 $183,750 

279 

Projects FY 06 FY 07 FY 08 

25. New York City, NY First Phase Implementation of Bus Rapid Transit 

System .................................................................................................... $320,000 $330,000 $350,000 

26. Scottsdale, Arizona—Construct intermodal center ............................. $640,000 $660,000 $700,000 

27. Sonoma County, CA Purchase of CNG buses ...................................... $160,000 $165,000 $175,000 

28. Camden, NJ Construction of the Camden County Intermodal Facility 

in Cramer Hill ......................................................................................... $320,000 $330,000 $350,000 

29. Sandy Hook, NJ National Park Service - Construct year-round ferry 

dock at Sandy Hook Unit of Gateway National Recreation Area ........... $320,000 $330,000 $350,000 

30. Sevier County, Tennessee—U.S. 441. bus rapid transit ..................... $80,000 $82,500 $87,500 

31. St. Augustine, Florida—Intermodal Transportation and Parking Facility ........................................................................................................ $320,000 $330,000 $350,000 

32. Torrington, CT Construct bus-related facility (Northwestern Connecticut Central Transit District) ........................................................... $640,000 $660,000 $700,000 

33. Warren, PA—Construct Intermodal Transportation Center and related pedestrian and landscape imporovements .................................. $320,000 $330,000 $350,000 

34. Toledo, OH TARTA/TARPS Passenger Intermodal Facility construction $2,400,000 $2,475,000 $2,625,000 

35. Union City, CA Intermodal Station, Phase 1: Modify BART station .... $1,360,000 $1,402,500 $1,487,500 

36. Los Angeles, CA Wilshire-Vermont subway station reconstruction ..... $320,000 $330,000 $350,000 

37. Lancaster, PA—bus replacement ........................................................ $304,000 $313,500 $332,500 

38. Monmouth County, NJ Construction of main bus facility for Freehold 

Township, including a terminal and repair shop .................................. $640,000 $660,000 $700,000 

39. Monrovia, California—Transit Village Project ..................................... $960,000 $990,000 $1,050,000 

40. Duluth, MN Downtown Duluth Area Transit facility improvements ..... $640,000 $660,000 $700,000 

41. Brooklyn, NY New Urban Center—Broadway Junction Intermodal 

Center ..................................................................................................... $307,200 $316,800 $336,000 

42. Medford, MA Downtown revitalization featuring construction of a 

200 space Park and Ride Facility ......................................................... $640,000 $660,000 $700,000 

43. Needles, California—El Garces Intermodal Facility ............................ $640,000 $660,000 $700,000 

44. Bridgeport, Connecticut—Greater Bridgeport Transit Authority Bus 

Facility .................................................................................................... $160,000 $165,000 $175,000 

45. Palm Springs, California-- Sunline Transit bus purchase .................. $160,000 $165,000 $175,000 

46. National Park Service - Design and construct 2.1-mile segment to 

complete Sandy Hook multi-use pathway in Sandy Hook, NJ ............... $320,000 $330,000 $350,000 

47. Phoenix, AZ Construct City of Phoenix paratransit facility (Dial-aRide) ....................................................................................................... $320,000 $330,000 $350,000 

48. Project provides for the engineering and construction of a transportation center in Paoli, Chester County .................................................. $320,000 $330,000 $350,000 

49. Columbus, Georgia—Buses & Bus Facilities ...................................... $310,080 $319,770 $339,150 

50. Cleveland, Ohio—University Circle intermodal facility ....................... $2,720,000 $2,805,000 $2,975,000 

51. Cleveland, OH acquisition of buses Greater Cleveland Regional 

Transit Authority ..................................................................................... $320,000 $330,000 $350,000 

52. Greensboro, North Carolina—Replacement buses .............................. $1,849,600 $1,907,400 $2,023,000 

53. Johnson Co., KS Bus and bus related facilities [I-35. corridor], 

Johnson Co. Transit ................................................................................ $640,000 $660,000 $700,000 

54. City of Alameda, CA Plan, design, and construct intermodal facility $640,000 $660,000 $700,000 

55. New Orleans, LA Intermodal Riverfront Center .................................... $160,000 $165,000 $175,000 

56. Replace railroad draw bridge in Galveston, Texas .............................. $160,000 $165,000 $175,000 

57. Wilmington, NC Build Intermodal Center ............................................. $320,000 $330,000 $350,000 

58. Yabucoa, Puerto Rico—Trolley buses .................................................. $56,000 $57,750 $61,250 

59. Beverly, MA Design and Construct Beverly Depot Intermodal Transportation Center ..................................................................................... $640,000 $660,000 $700,000

60. Georgia Statewide Bus Program .......................................................... $64,000 $66,000 $70,000 

61. Trenton, New Jersey—Trenton Train Station Rehabilitation ................ $400,000 $412,500 $437,500 

62. Trenton, NJ Reconstruction and rehabilitation of the Trenton Train 

Station .................................................................................................... $2,240,000 $2,310,000 $2,450,000 

63. Zapata, Texas Purchase Bus vehicles ................................................. $80,000 $82,500 $87,500 

64. Zanesville, OH—bus system signage and shelters ............................ $20,800 $21,450 $22,750 

65. York, Pennsylvania—Rabbit Transit facilities and communications 

equipment ............................................................................................... $886,560 $914,265. $969,675 

66. Canby, OR bus and bus facilities ....................................................... $48,000 $49,500 $52,500 

67. New Orleans, LA Plan and construct New Orleans Union Passenger 

Terminal intermodal facilities ................................................................ $320,000 $330,000 $350,000 

68. Northern Neck and Middle Peninsula, Virginia—Bay Transit 

Multimodal Facilities .............................................................................. $1,040,000 $1,072,500 $1,137,500 

69. Broward County, FL Buses & Bus Facilities ........................................ $2,080,000 $2,145,000 $2,275,000 

70. Palm Springs, California—Sunline Transit: CalStart-Weststart fuel 

cell bus program .................................................................................... $320,000 $330,000 $350,000 

280 

Projects FY 06 FY 07 FY 08 

71. San Juan, Puerto Rico—Buses ............................................................ $320,000 $330,000 $350,000 

72. Hammond, Louisiana—Passenger intermodal facility at Southern 

Louisiana ................................................................................................ $64,000 $66,000 $70,000 

73. West Virginia Construct Beckley Intermodal Gateway pursuant to the 

eligibility provisions for projects listed under section 3030(d)(3) of 

P.L. 105–178. ......................................................................................... $7,680,000 $7,920,000 $8,400,000 

74. Albany-Schenectady, NY Bus Rapid Transit Improvements in NY 

Route 5. Corridor .................................................................................... $320,000 $330,000 $350,000

75. Alameda County, CA AC Transit Bus Rapid Transit Corridor Project $160,000 $165,000 $175,000 

76. Baldwin Park, CA Construct vehicle and bicycle parking lot and pedestrian rest area at transit center ...................................................... $640,000 $660,000 $700,000 

77. Niagara Falls, NY Relocation, Development, and Enhancement of Niagara Falls International Railway Station/Intermodal Transportation 

Center ..................................................................................................... $1,792,000 $1,848,000 $1,960,000 

78. Utica, New York—Union Station Boehlert Center siding track improvements ............................................................................................. $32,000 $33,000 $35,000 

79. Ionia County, MI—Purchase and implementation of communication 

equipment improvements ....................................................................... $188,800 $194,700 $206,500 

80. Flagler County, Florida—bus facility ................................................... $192,000 $198,000 $210,000 

81. Easton, Pennsylvania—Design and construct Intermodal Transportation Center .......................................................................................... $640,000 $660,000 $700,000 

82. Yamhill County, OR For the construction of bus shelters, park and 

ride facilities, and a signage strategy to increase ridership ............... $35,200 $36,300 $38,500 

83. Woodland, CA Yolobus operations, maintenance, administration facility expansion and improvements to increase bus service with alternative fuel buses ............................................................................... $640,000 $660,000 $700,000 

84. Sacramento, CA Construct intermodal station and related improvements ...................................................................................................... $2,240,000 $2,310,000 $2,450,000 

85. Torrance Transit System, CA Acquisition of EPA and CARB-certified 

low emission replacement buses ........................................................... $960,000 $990,000 $1,050,000 

86. Burlington County, NJ—BurLink and Burlington County Transportation System vehicles and equipment ................................................. $1,280,000 $1,320,000 $1,400,000 

87. Niles, OH Acquisition of bus operational and service equipment for 

Niles Trumbull Transit ............................................................................ $64,000 $66,000 $70,000 

88. Rockport, MA Rockport Commuter Rail Station Improvements ........... $880,000 $907,500 $962,500 

89. Cincinnati, Ohio—Metro Regional Transit Hub Network Eastern 

Neighborhoods ........................................................................................ $256,000 $264,000 $280,000

90. Buses and bus related facilities throughout the State of Connecticut ................................................................................................... $1,920,000 $1,980,000 $2,100,000 

91. Columbus, GA Bus replacement .......................................................... $96,000 $99,000 $105,000 

92. Norwalk, CA Transit System Bus Procurement and Los Angeles 

World Airport Remote Fly-Away Facility Project ..................................... $256,000 $264,000 $280,000 

93. Salem, OR bus and bus facilities ....................................................... $640,000 $660,000 $700,000 

94. Ilwaco, WA Procure shuttles for Lewis and Clark National Historical 

Park ........................................................................................................ $32,000 $33,000 $35,000 

95. Gainesville, FL Bus Replacement ......................................................... $1,280,000 $1,320,000 $1,400,000 

96. SEPTA Montgomery County Intermodal Improvements at Glenside 

and Jenkintown Station Parking Garages .............................................. $1,600,000 $1,650,000 $1,750,000 

97. Fredericksburg, Virginia—Improve and repair Fredericksburg Station $640,000 $660,000 $700,000 

98. Birmingham, AL Expansion of Downtown Intermodal Facility, Phase 

II ............................................................................................................. $640,000 $660,000 $700,000 

99. Gresham, Oregon Construct a new light rail station and transit 

plaza on Portland MAX system and serve Gresham Civic neighborhood ........................................................................................................ $448,000 $462,000 $490,000 

100. Jersey City, NJ McGinley Square Intermodal Facility ......................... $256,000 $264,000 $280,000 

101. Emeryville, CA Expand & Improve Intermodal Transit Center at Amtrak Station ............................................................................................ $320,000 $330,000 $350,000 

102. Jersey City, NJ Construct West Entrance to Pavonia-Newport PATH 

Station .................................................................................................... $640,000 $660,000 $700,000 

103. Longwood, Florida—Construct Intermodal Transportation Facility ... $160,000 $165,000 $175,000 

104. Marietta, Ohio Construction of transportation hub to accommodate 

regional bus traffic ................................................................................ $160,000 $165,000 $175,000 

105. Akron, Ohio—West Market Street transit center and related pedestrian improvements ................................................................................ $208,000 $214,500 $227,500 

106. Sandy, Oregon Transit Bus Facility .................................................... $112,000 $115,500 $122,500 

107. Jacksonville, FL Paratransit Vehicles ................................................. $1,440,000 $1,485,000 $1,575,000 

108. Carson, CA Purchase two tripper buses ............................................ $160,000 $165,000 $175,000 

281 

Projects FY 06 FY 07 FY 08 

109. Bloomington, IN—Bus and transfer facility ...................................... $1,539,200 $1,587,300 $1,683,500 

110. Cobb County, GA Cobb County Smart Card Technology/Bus Facility 

Improvements ......................................................................................... $320,000 $330,000 $350,000

111. Construct West Houston and Fort Bend County, Texas—bus transit 

corridor ................................................................................................... $320,000 $330,000 $350,000 

112. Mariposa, CA—Yosemite National Park CNG-Hydrogen transit 

buses and facilities ............................................................................... $800,000 $825,000 $875,000 

113. Snohomish County, WA Community Transit bus purchases and facility enhancement ................................................................................. $960,000 $990,000 $1,050,000

114. Geneva, Illinois—Construct commuter parking deck for Metra 

Service .................................................................................................... $1,280,000 $1,320,000 $1,400,000 

115. Rhode Island Statewide Bus Fleet ..................................................... $1,920,000 $1,980,000 $2,100,000 

116. Pleasant Hill, CA Construct Diablo Valley College Bus Transit Center ........................................................................................................... $480,000 $495,000 $525,000 

117. Broward, FL Purchase new articulated buses and bus stop improvements on State Road 7. (SR 7) between Golden Glades Interchange and Glades Road ....................................................................... $160,000 $165,000 $175,000 

118. Attleboro, MA Construction, engineering and site improvements at 

the Attleboro Intermodal Center ............................................................. $640,000 $660,000 $700,000 

119. Burbank, CA CNG Transit Vehicles Purchase for Local Transit Network Expansion ....................................................................................... $144,000 $148,500 $157,500

120. Dayton Airport Intermodal Rail Feasibility Study ............................... $240,000 $247,500 $262,500 

121. Los Angeles, CA Improve transit shelters, sidewalks lighting and 

landscaping around Cedar’s-Sinai Medical Center ............................... $480,000 $495,000 $525,000 

122. Baltimore, MD Construct Intercity Bus Intermodal Terminal ............ $1,600,000 $1,650,000 $1,750,000 

123. Cheltenham, PA Glenside Rail Station Parking Garage project involving the construction of a 300–400 space parking lot at Easton 

Road and Glenside Avenue .................................................................... $320,000 $330,000 $350,000 

124. Haverhill, MA Design and Construct Intermodal Transit Parking Improvements ............................................................................................. $1,792,000 $1,848,000 $1,960,000 

125. Palm Beach County, FL Plan and Construct Belle Glade Combined 

Passenger Transit Facility ...................................................................... $1,120,000 $1,155,000 $1,225,000 

126. Pittsburgh, PA Clean Fuel Bus Procurement ..................................... $160,000 $165,000 $175,000 

127. San Fernando, CA Purchase CNG buses and related equipment 

and construct facilities .......................................................................... $972,800 $1,003,200 $1,064,000 

128. Bayamon, Puerto Rico—bus terminal ............................................... $192,000 $198,000 $210,000 

129. Bozeman, Montana—Intermodal and Parking Facility ...................... $640,000 $660,000 $700,000 

130. New Brunswick, NJ Construct parking facility at the Robert Wood 

Johnson University Hospital and UMDNJ-Robert Wood Johnson Medical 

School ..................................................................................................... $640,000 $660,000 $700,000 

131. Stonington and Mystic, Connecticut—Intermodal Center parking 

facility and Streetscape ......................................................................... $1,100,800 $1,135,200 $1,204,000 

132. Carson, CA Purchase one bus ........................................................... $80,000 $82,500 $87,500 

133. Miami-Dade County, Florida—Transit Security System .................... $800,000 $825,000 $875,000 

134. Town of Chapel Hill, NC Park and Ride Lot ...................................... $480,000 $495,000 $525,000 

135. Wheaton, IL Pace Suburban Bus—Purchase buses .......................... $320,000 $330,000 $350,000 

136. Ocala and Marion County, Florida—replacement buses .................. $960,000 $990,000 $1,050,000 

137. Philadelphia, PA Improvements to the existing Penn’s Landing 

Ferry Terminal ......................................................................................... $1,280,000 $1,320,000 $1,400,000 

138. Long Branch, NJ Design and construct facilities for ferry service 

from Long Branch, NJ to New York City and other destinations .......... $1,280,000 $1,320,000 $1,400,000 

139. Quincy, MA MBTA Purchase high speed catamaran ferry for Quincy 

Harbor Express Service ........................................................................... $640,000 $660,000 $700,000 

140. Los Angeles, CA Crenshaw Bus Rapid Transit .................................. $2,728,960 $2,814,240 $2,984,800 

141. South Bend, Indiana—Construct South Bend Bus Operations Center ........................................................................................................... $160,000 $165,000 $175,000 

142. Arlington County, VA Crystal City—Potomac Yard Busway, including construction of bus shelters ............................................................ $960,000 $990,000 $1,050,000 

143. Raleigh, NC Purchase eighteen replacement buses to replace 

buses that have reached their useful life according to Federal Transit Administration regulations ............................................................... $640,000 $660,000 $700,000 

144. Augusta, GA Buses and Bus Facilities .............................................. $128,000 $132,000 $140,000 

145. Santa Ana, CA Improve Santa Ana transit terminal ......................... $320,000 $330,000 $350,000 

146. Cooperstown, New York—Intermodal Facility Project ........................ $1,600,000 $1,650,000 $1,750,000 

147. Santa Barbara, CA—Expansion of Regional Intermodal Transit 

Center ..................................................................................................... $96,000 $99,000 $105,000 

148. Tampa, FL Purchase buses and construct bus facilities .................. $720,000 $742,500 $787,500 

282 

Projects FY 06 FY 07 FY 08 

149. Hidalgo County, TX Regional Multi-Modal Center ............................. $640,000 $660,000 $700,000 

150. Phoenix, AZ Construct regional heavy bus maintenance facility ...... $320,000 $330,000 $350,000 

151. Thurston County, WA Replace Thurston County Buses ...................... $288,000 $297,000 $315,000 

152. San Juan, Puerto Rico—bus security equipment .............................. $960,000 $990,000 $1,050,000 

153. Bryan, TX The District—Bryan Intermodel Transit Terminal and 

Parking Facility ....................................................................................... $960,000 $990,000 $1,050,000 

154. City of Greenville, NC Expansion Buses and Greenville Intermodal 

Center ..................................................................................................... $1,140,480 $1,176,120 $1,247,400 

155. City of Livermore, CA Construct Bus Facility for Livermore Amador 

Valley Transit Authority .......................................................................... $720,000 $742,500 $787,500 

156. Detroit Replacement Buses ................................................................ $1,600,000 $1,650,000 $1,750,000 

157. Bealeton, Virginia—Intermodal Station Depot Refurbishment ......... $88,000 $90,750 $96,250 

158. Covina, El Monte, Baldwin Park, Upland, CA Parking and Electronic Signage Improvements ................................................................ $560,000 $577,500 $612,500 

159. Eugene, OR Lane Transit District, Vehicle Replacement ................... $640,000 $660,000 $700,000 

160. Kearney, Nebraska—RYDE Transit Bus Maintenance and Storage 

Facility .................................................................................................... $640,000 $660,000 $700,000 

161. Revere, MA Intermodal transit improvements in the Wonderland 

station (MBTA) area ............................................................................... $576,000 $594,000 $630,000 

162. Brownsville, TX Brownsville Ruban System City-Wide Transit Improvement Project ................................................................................... $640,000 $660,000 $700,000 

163. Normal, Illinois—Multimodal Transportation Center ......................... $2,240,000 $2,310,000 $2,450,000 

164. Puerto Rico—Caribbean National Forest buses and bus facilities .. $960,000 $990,000 $1,050,000 

165. Albany, OR Rehabilitate Building At Multimodal Transit Station ..... $409,600 $422,400 $448,000 

166. Bronx, NY Hebrew Home for the Aged elderly and disabled transportation support .................................................................................... $48,000 $49,500 $52,500 

167. Denver, CO Denver Union Station Intermodal Center ........................ $1,760,000 $1,815,000 $1,925,000 

168. Elizabeth, NJ Broad Street Streetscape Improvements and Bus 

Shelters ................................................................................................... $224,000 $231,000 $245,000 

169. Delaware—University of Delaware Fuel Cell Bus Deployment .......... $160,000 $165,000 $175,000 

170. Lousiana—Construct pedestrian walkways between Caddo St. and 

Milam St. along Edwards St. in Shreveport, LA .................................... $320,000 $330,000 $350,000 

171. Riverside, California—RTA Advanced Traveler Information System $160,000 $165,000 $175,000 

172. Santa Monica, CA Purchase and service LNG buses for Santa 

Monica’s Big Blue Bus to meet increased ridership needs and reduce 

emissions ................................................................................................ $1,200,000 $1,237,500 $1,312,500 

173. Ontario, CA Construct Omnitrans Transcenter .................................. $320,000 $330,000 $350,000 

174. Brockton, MA Bus replacement for the Brockton Area Transit Authority ..................................................................................................... $480,000 $495,000 $525,000 

175. Molalla, OR South Clackamas Transportation District, bus purchase ...................................................................................................... $32,000 $33,000 $35,000 

176. Boise, ID—Multi-modal facility ......................................................... $1,440,000 $1,485,000 $1,575,000 

177. Fond du Lac Reservation, MN Purchase busses ............................... $48,000 $49,500 $52,500 

178. Sandy City, UT Construct transit hub station and TRAX station at 

9400 South ............................................................................................. $640,000 $660,000 $700,000 

179. Albany, OR Construct Pathway From Multimodal Transit Station to 

Swanson Park ......................................................................................... $166,400 $171,600 $182,000

180. Tillamook, OR construction of a transit facility ................................ $32,000 $33,000 $35,000 

181. Trenton, NJ Development of Trenton Trolley System .......................... $320,000 $330,000 $350,000 

182. Utica, New York—Union Station rehabilitation and related infrastructure improvements ......................................................................... $160,000 $165,000 $175,000 

183. San Fernando Valley, CA Reseda Blvd. Bus Rapid Transit Route .... $192,000 $198,000 $210,000 

184. Richmond, VA Renovation and construction for Main Street Station $352,000 $363,000 $385,000 

185. St. Paul to Hinckley, MN Construct bus amenities along Rush Line 

Corridor ................................................................................................... $480,000 $495,000 $525,000 

186. Mattoon, Illinois—historic railroad depot restoration/intermodal 

center ...................................................................................................... $512,000 $528,000 $560,000 

187. Columbia County, OR To purchase buses ......................................... $44,800 $46,200 $49,000 

188. Westchester County, NY Bee-Line Bus Replacement program .......... $80,000 $82,500 $87,500 

189. Sacramento, CA Bus enhancement and improvements-construct 

maintenance facility and purchase clean-fuel buses to improve transit service ............................................................................................... $640,000 $660,000 $700,000 

190. Calexico, CA Purchase new buses for the Calexico Transit System $96,000 $99,000 $105,000 

191. Monterey Park, CA Safety improvements at a bus stop including 

creation of bus loading areas and street improvements ...................... $512,000 $528,000 $560,000 

192. Buffalo, NY Intermodal Center Parking Facility ................................. $320,000 $330,000 $350,000 

193. Mukilteo, WA Multi-Modal Terminal ................................................... $1,856,000 $1,914,000 $2,030,000 

283 

Projects FY 06 FY 07 FY 08 

194. Orange County Transit Authority, California—Security surveillance 

and monitoring equipment ..................................................................... $1,692,800 $1,745,700 $1,851,500 

195. Woodland Hills, CA Los Angeles Pierce College Bus Rapid Transit 

Station Extension .................................................................................... $320,000 $330,000 $350,000

196. Design Downtown Carrollton Regional Multi-Modal Transit Hub 

Station .................................................................................................... $640,000 $660,000 $700,000 

197. Brooklyn, NY Brooklyn Children’s Museum ........................................ $448,000 $462,000 $490,000 

198. Cleveland, Ohio—Euclid Avenue University Hospital intermodal facility ........................................................................................................ $1,440,000 $1,485,000 $1,575,000 

199. Las Vegas, NV Construct Central City Intermodal Transportation 

Terminal .................................................................................................. $1,920,000 $1,980,000 $2,100,000 

200. Montebello, CA Bus Lines Bus Fleet Replacement Project ................ $224,000 $231,000 $245,000 

201. Philadelphia, PA Cruise Terminal Transportation Ctr. Phila. Naval 

Shipyard .................................................................................................. $1,120,000 $1,155,000 $1,225,000 

202. Cleveland, OH Construct Fare Collection System Project, Cuyahoga 

County ..................................................................................................... $160,000 $165,000 $175,000 

203. Tempe, Arizona—East Valley Metro Bus Facility .............................. $1,600,000 $1,650,000 $1,750,000 

204. Boysville of Michigan Transportation System .................................... $1,075,200 $1,108,800 $1,176,000 

205. Woburn, MA Construction of an 89. space park and ride facility to 

be located on Magazine Hill, in the Heart of Woburn Square .............. $576,000 $594,000 $630,000 

206. Sylvester, GA Intermodal Facility ....................................................... $64,000 $66,000 $70,000 

207. Culver City, CA Purchase compressed natural gas buses and expand natural gas fueling facility .......................................................... $1,184,000 $1,221,000 $1,295,000 

208. Eastern Upper Peninsula, MI Ferry Dock and Facility upgrades for 

Drummond Island Ferry Services ........................................................... $80,000 $82,500 $87,500 

209. Morristown, New Jersey—Intermodal Historic Station ....................... $320,000 $330,000 $350,000 

210. San Antonio, TX Improve VIA bus facility and purchase new buses $2,240,000 $2,310,000 $2,450,000 

211. Miami-Dade County, Florida—buses and bus facilities ................... $2,880,000 $2,970,000 $3,150,000 

212. Glendale, CA Construction of Downtown Streetcar Project ............... $320,000 $330,000 $350,000 

213. Gainesville, FL Bus Rapid Transit Study ........................................... $160,000 $165,000 $175,000 

214. Mount Rainier, MD Intermodal and Pedestrian Project ..................... $144,000 $148,500 $157,500 

215. Allentown, Pennsylvania—Da Vinci Center hydrogen fuel-celled 

transit vehicles ....................................................................................... $512,000 $528,000 $560,000 

216. Wilsonville, OR South Metro Area Rapid Transit, bus and bus facilities ..................................................................................................... $80,000 $82,500 $87,500 

217. Charlotte, NC Construct Charlotte Multimodal Station ..................... $2,496,000 $2,574,000 $2,730,000 

218. Enfield, Connecticut—intermodal station ......................................... $640,000 $660,000 $700,000 

219. Chicago, IL Feasibility Study for intermodal station on the Metra 

Rock Island near Kennedy-King College ................................................ $96,000 $99,000 $105,000 

220. Indianapolis, IN IndySMART program to relieve congestion, improve 

safety and air quality ............................................................................ $640,000 $660,000 $700,000 

221. Chicago, IL Construct intermodel facility at 35th Street at Metra 

Red Line (Northside) .............................................................................. $1,600,000 $1,650,000 $1,750,000 

222. Escondido, CA—Construct Bus Maintenance Facility ....................... $160,000 $165,000 $175,000 

223. Los Angeles, CA Design and construct improved transit and pedestrian linkages between Los Angeles Community College and nearby MTA rail stop and bus lines ............................................................. $480,000 $495,000 $525,000 

224. Montgomery County, MD Wheaton CBD Intermodal Access Program $160,000 $165,000 $175,000 

225. Allentown, Pennsylvania—Design and construct Intermodal Transportation Center ..................................................................................... $640,000 $660,000 $700,000

226. Champaign, IL—Construct park and ride lot with attached 

daycare facility ....................................................................................... $480,000 $495,000 $525,000 

227. Berkeley, CA Construct Ed Roberts Campus Intermodal Transit Disability Center .......................................................................................... $960,000 $990,000 $1,050,000 

228. Charlotte, North Carolina—Multimodal Station ................................ $1,280,000 $1,320,000 $1,400,000 

229. Coconino County bus and bus facilities for the Sedona Transit 

System .................................................................................................... $24,000 $24,750 $26,250 

230. Construction of Third Bus Depot on Staten Island ........................... $3,840,000 $3,960,000 $4,200,000 

231. Harrison, Arkansas—Trolley Barn ...................................................... $12,800 $13,200 $14,000 

232. Alexandria, VA Royal Street Bus Garage Replacement ..................... $160,000 $165,000 $175,000 

233. Intermodal Facilities in Bucks County (Croydon and Levittown Stations) ...................................................................................................... $320,000 $330,000 $350,000 

234. Bronx, NY Jacobi Intermodal Center to North Central Bronx Hospital 

bus system ............................................................................................. $160,000 $165,000 $175,000 

235. Indianapolis, IN Construct the Ivy Tech State College Multi-Modal 

Facility .................................................................................................... $1,600,000 $1,650,000 $1,750,000 

236. Juneau, Alaska—transit bus acquisition and transit center ........... $480,000 $495,000 $525,000 

284 

Projects FY 06 FY 07 FY 08 

237. Knoxville, Tennessee—Central Station Transit Center ...................... $3,264,000 $3,366,000 $3,570,000 

238. Levy County, Florida—Purchase 2 wheel chair equipped passenger 

buses and related equipment ................................................................ $96,000 $99,000 $105,000 

239. Lafayette, Louisiana—Lafayette Transit System bus replacement 

program .................................................................................................. $288,000 $297,000 $315,000 

240. Nebraska—statewide transit vehicles, facilities, and related 

equipment ............................................................................................... $1,280,000 $1,320,000 $1,400,000 

241. Cincinnati, Ohio—Costruct Uptown Crossings Joint Development 

Transit Project ........................................................................................ $160,000 $165,000 $175,000 

242. Des Moines, IA Purchase 40 foot buses ............................................ $320,000 $330,000 $350,000 

243. New Orleans, LA Regional Planning Commission, bus and bus facilities ..................................................................................................... $160,000 $165,000 $175,000 

244. Orange County, CA Purchase buses for rapid transit ....................... $320,000 $330,000 $350,000 

245. Bus to provide Yorktown internal circulator to provide 

transportaion throughout the Town ....................................................... $59,200 $61,050 $64,750 

246. Providence, RI Expansion of Elmwood Paratransit Maintenance Facility ........................................................................................................ $1,600,000 $1,650,000 $1,750,000 

247. Atlanta, GA Intermodal Passenger Facility Improvements ................ $640,000 $660,000 $700,000 

248. Palm Beach, FL Palm Tran AVL–APC system with smart card 

fareboxes ................................................................................................ $80,000 $82,500 $87,500 

249. Grand Rapids, MI—Purchase replacement and expansion buses .... $4,688,000 $4,834,500 $5,127,500 

250 Maywood, IL Purchase buses .............................................................. $16,000 $16,500 $17,500 

251. Redondo Beach, CA Capital Equipment procurement of 12. Compressed Natural Gas (CNG) Transit vehicles for Coastal Shuttle Services by Beach Cities Transit .................................................................. $256,000 $264,000 $280,000 

252. Rochester, New York—Renaissance Square transit center .............. $1,440,000 $1,485,000 $1,575,000 

253. San Bernardino, CA Implement Santa Fe Depot improvements in 

San Bernardino ....................................................................................... $160,000 $165,000 $175,000

254. San Joaquin, California Regional Rail—Altamont Commuter Express Corridor intermodal centers ......................................................... $1,280,000 $1,320,000 $1,400,000 

255. Albany, GA Multimodal Facility .......................................................... $256,000 $264,000 $280,000 

256. Savannah, GA Bus and Bus Facilities—Chatham Area Transit ....... $1,600,000 $1,650,000 $1,750,000 

257. Newburyport, MA Design and Construct Intermodal Facility ............. $640,000 $660,000 $700,000 

258. Cleveland, Ohio—Euclid Avenue and East 93rd Street intermodal 

facility ..................................................................................................... $2,720,000 $2,805,000 $2,975,000 

259. St. Charles, IL—Intermodal Parking Structures ................................ $1,440,000 $1,485,000 $1,575,000 

260 Gardena, CA Purchase of alternative fuel buses for service expansion, on-board security system and bus facility training equipment ... $1,569,280 $1,618,320 $1,716,400 

261. Thendra-Webb and Utica, New York—install hadicap lifts in intermodal centers ......................................................................................... $32,000 $33,000 $35,000 

262. Union City, NJ Construct Union City Intermodal Facility ................... $640,000 $660,000 $700,000 

263. Wilmar, AR Develop the Southeast Arkansas Intermodal Facility ..... $640,000 $660,000 $700,000 

264. Westchester County, NY Bus replacement program .......................... $1,200,000 $1,237,500 $1,312,500 

265. Village of Tinley Park, Illinois, 80th Avenue Commuter Rail Station 

reconstruction and site enhancements .................................................. $160,000 $165,000 $175,000 

266. Martinez, CA Intermodal Facility Restoration .................................... $480,000 $495,000 $525,000 

267. Middletown, CT Construct intermodal center .................................... $480,000 $495,000 $525,000 

268. Nashville, TN Construct a parking garage on the campus of 

Lipscomb University, Nashville .............................................................. $640,000 $660,000 $700,000 

269. New London, Connecticut—Intermodal Transportation Center and 

Streetscapes ........................................................................................... $640,000 $660,000 $700,000 

270. Vernon, Connecticut—Intermodal Center, Parking and Streetscapes $2,112,000 $2,178,000 $2,310,000 

271. Huntington, NY Replacement of three full sized transit buses with 

hybrid electric buses .............................................................................. $192,000 $198,000 $210,000 

272. Bend, Oregon—replacement vans ..................................................... $320,000 $330,000 $350,000 

273. Boston, MA Harbor Park Pavilion & Intermodal Station .................... $288,000 $297,000 $315,000 

274. Philadelphia, PA SEPTA’s Market St. Elevated Rail project in conjunction with Philadelphia Commercial Development Corporation for 

improvements and assistance to entities along rail corridor ............... $448,000 $462,000 $490,000 

275. Jesup, Georgia—Train Depot intermodal center ............................... $320,000 $330,000 $350,000 

276. Long Beach, CA Museum of Latin American Art, Long Beach, to 

build intermodal park and ride facility ................................................. $640,000 $660,000 $700,000 

277. Shreveport, LA—Intermodal Transit Facility ...................................... $1,072,000 $1,105,500 $1,172,500 

278. Arlington County, VA Columbia Pike Bus Improvements ................... $1,120,000 $1,155,000 $1,225,000 

279. Los Angeles, CA Purchase of clean fuel buses to improve bus 

service in South Los Angeles ................................................................. $273,920 $282,480 $299,600 

280. Lowell, MA Implementation of LRTA bus replacement plan .............. $320,000 $330,000 $350,000 

285 

Projects FY 06 FY 07 FY 08 

281. Falls Church, VA Falls Church Intermodal Transportation Center .... $640,000 $660,000 $700,000 

282. San Diego, CA Completion of San Diego Joint Transportation Operations Center (JTOC) .............................................................................. $640,000 $660,000 $700,000 

283. St. Bernard Parish, LA Intermodal facility improvements ................. $320,000 $330,000 $350,000 

284. Town of Warwick, NY. Rt 94. construction of series of secondary 

and interior travel lanes ........................................................................ $27,840 $28,710 $30,450 

285. Metro Gold Line Foothill Extension Light Rail Transit Project from 

Pasadena, CA to Montclair, CA .............................................................. $4,800,000 $4,950,000 $5,250,000 

286. Richmond, CA BART Parking Structure .............................................. $1,600,000 $1,650,000 $1,750,000 

287. San Francisco, CA Implement ITS on Muni Transit System .............. $960,000 $990,000 $1,050,000 

288. Alameda County, CA AC Transit Bus Rapid Transit Corridor Project $640,000 $660,000 $700,000 

289. Town of Warwick, NY Bus Facility Warwick Transit System .............. $176,000 $181,500 $192,500 

290 Galveston, Texas—Intermodal center and parking facility, The 

Strand ..................................................................................................... $1,440,000 $1,485,000 $1,575,000 

291. Joliet, Illinois—Union Station commuter parking facility ................. $800,000 $825,000 $875,000 

292. Lake County, Ohio—Ohio Department of Transportation transit improvements ............................................................................................. $48,000 $49,500 $52,500 

293. Muskegon, Michigan—Muskegon Area Transit Terminal and related 

improvements ......................................................................................... $640,000 $660,000 $700,000

294. Orlando, FL Bus Replacement ............................................................ $1,280,000 $1,320,000 $1,400,000 

295. Long Beach, CA Purchase one larger (75. passengers) and two 

smaller (40 passengers) ferryboats and construct related dock work 

to facilitate the use and accessibility of the ferryboats ...................... $960,000 $990,000 $1,050,000 

296. Elgin to Rockford, Illinois—Intermodal stations along planned 

Metra Union Pacific West Line extension alignment, including necessary alternatives analysis ................................................................... $960,000 $990,000 $1,050,000 

297. Pilot Shuttle Train Project from the Ports of Los Angeles and Long 

Beach to the Inland Empire ................................................................... $1,600,000 $1,650,000 $1,750,000 

298. Thomasville, GA Bus Replacement .................................................... $64,000 $66,000 $70,000 

299. Corvallis, OR Bus Replacement ......................................................... $396,800 $409,200 $434,000 

300. Geneva, New York—Multimodal facility—construct passenger rail 

center ...................................................................................................... $160,000 $165,000 $175,000 

301. Barry County, MI—Barry County Transit equipment and dispatching software .................................................................................. $48,000 $49,500 $52,500 

302. Greensboro, North Carolina—Piedmont Authority for Regional 

Transportation Multimodal Transportation Center ................................. $4,006,400 $4,131,600 $4,382,000 

303. Howard County, MD Construct Central Maryland Transit Operations 

and Maintenance Facility ....................................................................... $1,600,000 $1,650,000 $1,750,000

304. Coconino County buses and bus facilities for Flagstaff, AZ ............ $24,000 $24,750 $26,250 

305. Fund the 8.28 miles of the El Camino East-West Corridor along LA 

6 from LA 485 near Robeline, LA to I–49 ............................................. $640,000 $660,000 $700,000 

306. Jacksonville, FL Bus Replacement ..................................................... $2,240,000 $2,310,000 $2,450,000 

307. Los Angeles, CA Improve safety, mobility and access between 

LATTC, Metro line and nearby bus stops on Grand Ave between 

Washington and 23rd ............................................................................. $160,000 $165,000 $175,000 

308. Miami Dade, FL N.W. 7th Avenue Transit Hub .................................. $960,000 $990,000 $1,050,000 

309. Elyria, OH Construct the New York Central Train Station into an 

intermodal transportation hub ............................................................... $655,360 $675,840 $716,800 

310. River Parishes, LA South Central Planning and Development Commission, bus and bus facilities ............................................................. $320,000 $330,000 $350,000 

311. Mammoth Lakes, California—Regional Transit Maintenance Facility ............................................................................................................ $160,000 $165,000 $175,000 

312. Roanoke, Virginia—Improve Virginian Railway Station .................... $80,000 $82,500 $87,500 

313. Solana Beach, CA—Construct Intermodal Facility ............................ $480,000 $495,000 $525,000 

314. San Diego, CA Widen sidewalks and bus stop entrance, and provide diagonal parking, in the Skyline Paradise Hills neighborhood 

(Reo Drive) .............................................................................................. $96,000 $99,000 $105,000 

315. Temecula, California—Intermodal Transit Facility ............................ $160,000 $165,000 $175,000 

316. Philadelphia, Pennsylvania—SEPTA Market Street Elevated Line 

parking facility ....................................................................................... $1,280,000 $1,320,000 $1,400,000 

317. Jamestown, NY Rehabilitation of Intermodal Facility and associated property .......................................................................................... $640,000 $660,000 $700,000 

318. Akron, Ohio Construct Downtown Multi-modal Transportation Center ........................................................................................................... $1,280,000 $1,320,000 $1,400,000 

319. Detroit Bus Maintenance Facility ....................................................... $2,880,000 $2,970,000 $3,150,000 

320. Detroit, MI Bus Replacement ............................................................. $2,400,000 $2,475,000 $2,625,000 

321. Monterey Park, CA Catch Basins at Transit Stop Installation .......... $102,400 $105,600 $112,000 

286 

Projects FY 06 FY 07 FY 08 

322. Oneonta, New York-bus replacement ................................................. $48,000 $49,500 $52,500 

323. Lincoln County, OR bus purchase ...................................................... $80,000 $82,500 $87,500 

324. Elon, North Carolina—Piedmont Authority for Regional Transportation buses and bus facilities ............................................................. $384,000 $396,000 $420,000 

325. Grants Pass, OR Purchase Vehicles For Use By Josephine Community Transit ............................................................................................. $54,720 $56,430 $59,850 

326. Los Angeles, CA Install permanent irrigation system and enhanced 

landscaping on San Fernando Valley rapid bus transitway ................. $960,000 $990,000 $1,050,000 

327. Cleveland, OH Construct East Side Transit Center ........................... $960,000 $990,000 $1,050,000 

328. New Jersey Transit Community Shuttle Buses ................................... $160,000 $165,000 $175,000 

329. Quitman, Clay, Randolph, Stewart Co., GA Bus project .................... $80,000 $82,500 $87,500 

330. Framingham, MA Local Intra-Framingham Transit System enhancements ...................................................................................................... $576,000 $594,000 $630,000 

331. Gettysburg, Pennsylvania—transit transfer center ........................... $287,680 $296,670 $314,650 

332. Long Beach, CA Park and Ride facility ............................................. $320,000 $330,000 $350,000 

333. Oak Harbor, WA Multimodal Facility .................................................. $320,000 $330,000 $350,000 

334. North Bend, Washington—Park and Ride ......................................... $256,000 $264,000 $280,000 

335. High Point, North Carolina—Bus Terminal ....................................... $1,920,000 $1,980,000 $2,100,000 

336. Dallas, TX Bus Passenger Facilities .................................................. $4,096,000 $4,224,000 $4,480,000 

337. Island Transit, WA Operations Base Facilities Project ...................... $768,000 $792,000 $840,000 

338. Bronx, NY Intermodal facility near Exit 6 of the Bronx River Parkway ......................................................................................................... $80,000 $82,500 $87,500 

339. East San Diego County, California—Bus Maintence Facility Expansion ......................................................................................................... $640,000 $660,000 $700,000 

340. New Jersey Intermodal Facilities and Bus Rolling Stock .................. $960,000 $990,000 $1,050,000 

341. San Gabriel Valley, CA—Park and Rides .......................................... $3,040,000 $3,135,000 $3,325,000 

342. St. Paul, MN Union Depot Multi Modal Transit Facility .................... $640,000 $660,000 $700,000 

343. Brooklyn, NY Kings County Hospital Center ....................................... $320,000 $330,000 $350,000 

344. Gainesville, FL Bus Facility Expansion .............................................. $1,280,000 $1,320,000 $1,400,000 

345. Kansas City, MO Bus Transit Infrastructure ...................................... $320,000 $330,000 $350,000 

346. Phoenix, AZ Construct metro bus facility in Phoenix’s West Valley .. $1,600,000 $1,650,000 $1,750,000 

347. Eastlake, Ohio—Eastlake Stadium transit intermodal facility ......... $1,360,000 $1,402,500 $1,487,500 

348. Savannah, Georgia—Water Ferry Riverwalk intermodal facilities .... $640,000 $660,000 $700,000 

349. Kent, OH Construct Kent State University Intermodal Facility serving students and the general public ..................................................... $320,000 $330,000 $350,000 

350. Milwaukee, WI Rehabilitate Intermodal transportation facility at 

downtown Milwaukee’s Amtrak Station, increase parking for bus passengers ................................................................................................... $1,440,000 $1,485,000 $1,575,000 

351. Eastland, North Carolina—Community Transit Center ..................... $640,000 $660,000 $700,000 

352. Oakland, CA Construct streetscape & intermodal improvements at 

BART Station Transit Villages ................................................................ $320,000 $330,000 $350,000 

353. Suffolk County, NY Purchase four handicapped accessible vans to 

transport veterans to and from the VA facility in Northport ................ $89,600 $92,400 $98,000 

354. Norfolk, Virginia—Final Design and Construction Southside Bus 

Facility .................................................................................................... $560,000 $577,500 $612,500 

355. Albany, GA Bus replacement .............................................................. $96,000 $99,000 $105,000 

356. Lafayette Multimodal center, Final Phase ......................................... $960,000 $990,000 $1,050,000 

357. Athens, GA Buses and Bus Facilities ................................................ $454,400 $468,600 $497,000 

358. Cicero, Chicago Establish Transit Signal Priority, Cicero Ave., Pace 

Suburban Bus ......................................................................................... $320,000 $330,000 $350,000

359. Arlington County, VA Pentagon City Multimodal Improvements ........ $640,000 $660,000 $700,000 

360. Richmond, VA Design and construction for a bus operations and 

maintenance facility for Greater Richmond Transit Company .............. $480,000 $495,000 $525,000 

361. Roanoke, Virginia—Roanoke Railway and Link Passenger facility .. $160,000 $165,000 $175,000 

362. Akron, OH Construct City of Akron Commuter Bus Transit Facility .. $480,000 $495,000 $525,000 

363. Corning, New York—Transportation Center ....................................... $1,280,000 $1,320,000 $1,400,000 

364. Santa Monica, CA Construct intermodal park-and-ride facility at 

Santa Monica College campus on South Bundy Drive near Airport Avenue ........................................................................................................ $320,000 $330,000 $350,000 

365. Pace Suburban Bus, IL South Suburban BRT Mobility Network ........ $160,000 $165,000 $175,000 

366. Orange County, CA Transportation Projects to Encourage Use of 

Transit to Reduce Congestion ................................................................ $320,000 $330,000 $350,000 

367. Palm Beach, FL 20 New Buses for Palm Tran .................................. $480,000 $495,000 $525,000 

368. Nassau County, NY Conduct planning and engineering for transportation system (HUB) .......................................................................... $2,240,000 $2,310,000 $2,450,000 

369. Norwalk, Connecticut—Pulse Point Joint Development intermodal 

facility ..................................................................................................... $160,000 $165,000 $175,000 

287 

Projects FY 06 FY 07 FY 08 

370. Salem, MA Design and Construct Salem Intermodal Transportation 

Center ..................................................................................................... $640,000 $660,000 $700,000 

371. Las Vegas, NV Construct Las Vegas WestCare Intermodal Facility .. $80,000 $82,500 $87,500 

372. Richmond, KY Purchase buses, bus equipment, and facilities ........ $230,400 $237,600 $252,000 

373. Niagara Frontier Transportation Authority, NY Replacement Buses .. $320,000 $330,000 $350,000 

374. Metro-Atlanta, GA MARTA Automated Smart-Card Fare Collection 

system .................................................................................................... $320,000 $330,000 $350,000 

375. Monterey, CA Purchase bus equipment ............................................. $320,000 $330,000 $350,000 

376. New York City, NY Purchase Handicapped-Accessible Livery Vehicles ......................................................................................................... $320,000 $330,000 $350,000 

377. San Francisco, CA Construct San Francisco Muni Islais Creek 

Maintenance Facility .............................................................................. $1,920,000 $1,980,000 $2,100,000 

378. Indianapolis, IN Relocate and improve intermodal transportation 

for pedestrian and freight access to Children’s Museum of Indianapolis .......................................................................................................... $4,480,000 $4,620,000 $4,900,000 

379. Ramapo, NY Transportation Safety Field Command Center (TSFCC) $80,000 $82,500 $87,500 

380. Expand Diesel Emission Reduction Program of Gateway Cities COG $992,000 $1,023,000 $1,085,000 

381. San Francisco, CA Redesign and renovate intermodal facility at 

Glen Park Community ............................................................................. $1,056,000 $1,089,000 $1,155,000 

382. San Luis Rey, California—Transit Center Project ............................. $160,000 $165,000 $175,000 

383. South San Francisco,CA Construction of Ferry Terminal at Oyster 

Point in South San Francisco to the San Francisco Bay Area Water 

Transit Authority ..................................................................................... $1,600,000 $1,650,000 $1,750,000 

384. Atlanta, GA MARTA Clean Fuel Bus Acquisition ................................ $1,920,000 $1,980,000 $2,100,000 

385. Construct a 400 space parking structure at the northwest corner 

of Main and Cherry Streets .................................................................... $320,000 $330,000 $350,000 

386. Suffolk County, NY Design and construction of intermodal transit 

facility in Wyandanch ............................................................................. $1,280,000 $1,320,000 $1,400,000 

387. Fresno, CA—Develop program of low-emission transit vehicles ...... $320,000 $330,000 $350,000 

388. Sylmar, CA Los Angeles Mission College Transit Center construction ......................................................................................................... $80,000 $82,500 $87,500 

389. Lakewood, NJ—Ocean County Bus service and parking facilities ... $800,000 $825,000 $875,000 

390. St. Lucie County, FL Purchase Buses ................................................ $320,000 $330,000 $350,000 

391. Hampton Roads, VA Final design and construction for a Hampton 

Roads Transit Southside Bus Facility .................................................... $640,000 $660,000 $700,000 

392. Oakland, CA Construct Bay Trail between Coliseum BART station 

and Martin Luther King, Jr. Regional Shoreline .................................... $288,000 $297,000 $315,000 

393. South Amboy, NJ Construction of improvements to facilities at 

South Amboy Station under S Amboy, NJ Regional Intermodal Initiative .......................................................................................................... $2,560,000 $2,640,000 $2,800,000 

394. Hartford, CT Buses and bus-related facilities .................................. $1,280,000 $1,320,000 $1,400,000 

395. Ilwaco, WA Construct park and ride .................................................. $32,000 $33,000 $35,000 

396. Burbank, CA Construction of Empire Area Transit Center near Burbank Airport ............................................................................................ $80,000 $82,500 $87,500

397. Pottsville, PA Union Street Trade and Transfer Center Intermodal 

Facility .................................................................................................... $640,000 $660,000 $700,000 

398. Amador County, California—Regional Transit Center ....................... $320,000 $330,000 $350,000 

399. Pasadena, CA ITS Improvements ....................................................... $320,000 $330,000 $350,000 

400. South FL Region, FL Regional Universal Automated Fare Collection 

System (UAFC) (for bus system) ............................................................ $640,000 $660,000 $700,000 

401. South Pasadena, CA Silent Night Grade Crossing Project ................ $288,000 $297,000 $315,000 

402. Tampa, FL Establish Transit Emphasis Corridor and Improvements $240,000 $247,500 $262,500 

403. San Francisco, CA Implement Transbay Terminal-Caltrain Downtown Extension Project ........................................................................... $4,480,000 $4,620,000 $4,900,000 

404. Rock Island, IL Improve Rock Island Mass Transit District Bus Facility ........................................................................................................ $160,000 $165,000 $175,000 

405. Las Vegas, NV Construct Boulder Highway BRT system and purchase vehicles and related equipment .................................................. $640,000 $660,000 $700,000 

406. Moultrie, GA Intermodal facility ......................................................... $96,000 $99,000 $105,000 

407. Carson, CA Purchase one trolley-bus vehicle .................................... $80,000 $82,500 $87,500 

408. Brooklyn, NY SUNY Downstate Medical Center .................................. $320,000 $330,000 $350,000 

409. Alexandria, VA Eisenhower Avenue Intermodal Station Improvements, including purchase of buses and construction of bus shelters $800,000 $825,000 $875,000 

410. Long Beach, CA Purchase ten clean fuel buses ............................... $960,000 $990,000 $1,050,000 

411. Cleveland, OH Construction of an intermodal facility and related 

improvements at University Hospitals facility on Euclid Avenue .......... $320,000 $330,000 $350,000 

288 

Projects FY 06 FY 07 FY 08 

412. Nashville, TN Construct Downtown Nashville Transit Transfer Facility ............................................................................................................ $480,000 $495,000 $525,000 

413. Philadelphia, PA Penn’s Landing water shuttle parking lot expansion and water shuttle ramp infrastructure construction ..................... $352,000 $363,000 $385,000 

414. Hercules, CA Intermodal Rail Station Improvements ........................ $480,000 $495,000 $525,000 

SEC. 3039. NATIONAL FUEL CELL BUS TECHNOLOGY DEVELOPMENT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish a national fuel cell bus technology development program (in this section referred to as the ‘‘program’’) to facilitate the development of commercially viable fuel cell bus technology and related infrastructure. 

(b) GENERAL AUTHORITY.—The Secretary may enter into grants, contracts, and cooperative agreements with no more than 3 geographically diverse nonprofit organizations and recipients under chapter 53 of title 49, United States Code, to conduct 

fuel cell bus technology and infrastructure projects under the program. 

(c) GRANT CRITERIA.—In selecting applicants for grants under the program, the 

Secretary shall consider the applicant’s— 

(1) ability to contribute significantly to furthering fuel cell technology as it relates to transit bus operations, including hydrogen production, energy storage, 

fuel cell technologies, vehicle systems integration, and power electronics technologies; 

(2) financing plan and cost share potential; 

(3) fuel cell technology to ensure that the program advances different fuel cell 

technologies, including hydrogen-fueled and methanol-powered liquid-fueled fuel 

cell technologies, that may be viable for public transportation systems; and 

(4) other criteria that the Secretary determines are necessary to carry out the 

program. 

(d) COMPETITIVE GRANT SELECTION.—The Secretary shall conduct a national solicitation for applications for grants under the program. Grant recipients shall be selected on a competitive basis. The Secretary shall give priority consideration to applicants that have successfully managed advanced transportation technology 

projects, including projects related to hydrogen and fuel cell public transportation 

operations for a period of not less than 10 years. 

(e) FEDERAL SHARE.—The Federal share of costs of the program shall be provided 

from funds made available to carry out this section. The Federal share of the cost 

of a project carried out under the program shall not exceed 50 percent of such cost. 

(f) GRANT REQUIREMENTS.—A grant under this section shall be subject to— 

(1) all terms and conditions applicable to a grant made under section 5309 

of title 49, United States Code; and 

(2) such other terms and conditions as are determined by the Secretary. 

SEC. 3040. HIGH-INTENSITY SMALL-URBANIZED AREA FORMULA GRANT PROGRAM. 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) ELIGIBLE AREA.—The term ‘‘eligible area’’ means an urbanized area with 

a population of less than 200,000 that meets or exceeds in one or more performance categories the industry average for all urbanized areas with a population 

of at least 200,000 but not more than 999,999, as determined by the Secretary 

in accordance with subsection (c)(2). 

(2) PERFORMANCE CATEGORY.—The term ‘‘performance category’’ means each 

of the following: 

(A) Passenger miles traveled per vehicle revenue mile. 

(B) Passenger miles traveled per vehicle revenue hour. 

(C) Vehicle revenue miles per capita. 

(D) Vehicle revenue hours per capita. 

(E) Passenger miles traveled per capita. 

(F) Passengers per capita. 

(b) GENERAL AUTHORITY.—In order to address the needs of small urbanized areas 

with unusually high levels of public transportation service, the Secretary shall make 

capital and operating grants under this section to eligible recipients described in 

subsection (d) for use in eligible areas. 

(c) APPORTIONMENT.— 

(1) APPORTIONMENT FORMULA.—Funds made available for grants under this 

section in a fiscal year shall be apportioned among eligible areas in the ratio 

that— 

(A) the number of performance categories for which each eligible area 

meets or exceeds the industry average in urbanized areas with a population 

of at least 200,000 but not more than 999,999; bears to 

289 

(B) the aggregate number of performance categories for which all eligible 

areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999. 

(2) DATA USED IN FORMULA.—The Secretary shall calculate apportionments 

under this subsection for a fiscal year using data from the national transit database used to calculate apportionments for that fiscal year under section 5336 

of title 49, United States Code. 

(d) ELIGIBLE RECIPIENT.—Grant amounts apportioned to an eligible area under 

this section shall be made available to a public transportation agency or other governmental entity in the eligible area for obligation in the eligible area. 

(e) GOVERNMENT’S SHARE OF COSTS.— 

(1) CAPITAL GRANTS.—A grant for a capital project under this section (including associated capital maintenance items) shall be for 80 percent of the net capital costs of the project, as determined by the Secretary. The recipient may provide additional local matching amounts for such projects. 

(2) OPERATING GRANTS.—A grant under this section for operating assistance 

may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. 

(3) REMAINDER.—The remainder of the net project costs may be provided from 

an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. 

(f) PERIOD OF AVAILABILITY.—Funds apportioned under this section to an eligible 

area shall remain available for obligation in that eligible area for a period of 3 years 

after the last day of the fiscal year for which the funds are apportioned. Any 

amounts so apportioned that remain unobligated at the end of that period shall be 

added to the amount that may be apportioned under this section in the next fiscal 

year. 

(g) APPLICATION OF OTHER SECTIONS.—Sections 5302, 5318, 5323, 5332, 5333, and 

5336(e) of title 49, United States Code, apply to this section and to a grant made 

under this section. 

(h) FUNDING.—Of the amounts made available to carry out section 5307 of title 

49, United States Code, $38,000,000 for fiscal year 2005, $41,000,000 for fiscal year 

2006, $44,000,000 for fiscal year 2007, $47,000,000 for fiscal year 2008, and 

$50,000,000 for fiscal year 2009 shall be available to carry out this section. 

(i) TECHNICAL AMENDMENTS.—Section 5336 is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘of this title’’ and inserting ‘‘to carry out section 5307’’; 

and 

(B) in paragraph (2) by inserting before the period at the end the following: ‘‘, except that the amount apportioned to the Anchorage urbanized 

area under subsection (b) shall be available to the Alaska Railroad for any 

costs related to its passenger operations’’; 

(2) in subsection (b)(1) by inserting ‘‘and the Alaska Railroad passenger operations’’ after ‘‘recipient’’; 

(3) in subsection (j) by striking ‘‘a grant made under’’ each place it appears 

and inserting ‘‘a grant made with funds apportioned under’’; and 

(4) in subsection (k)(1) by striking ‘‘section 5302(a)(13) of this title’’ and inserting ‘‘section 5302(a)’’. 

SEC. 3041. ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS. 

(a) IN GENERAL.—Amounts appropriated pursuant to section 5338(d) of title 49, 

United States Code, for national research and technology programs under sections 

5312, 5314, and 5322 of such title shall be allocated by the Secretary as follows: 

(1) SAFETY AND EMERGENCY PREPAREDNESS.— 

(A) IN GENERAL.—For carrying out safety and emergency preparedness 

research activities consisting of technical assistance, training, and data 

analysis and reporting to improve public transportation system safety and 

security and emergency preparedness— 

(i) $7,000,000 for fiscal year 2005; 

(ii) $7,400,000 for fiscal year 2006; 

(iii) $7,800,000 for fiscal year 2007; 

(iv) $8,200,000 for fiscal year 2008; and 

(v) $8,700,000 for fiscal year 2009. 

(B) PUBLIC TRANSPORTATION NATIONAL SECURITY STUDY.— 

(i) IN GENERAL.—Not later than 6 months after the date of enactment 

of this Act, the Secretary shall enter into an agreement with the National Academy of Sciences to conduct a study and evaluation of the 

value major public transportation systems in the United States serving 

the 38 urbanized areas that have a population of more than 1,000,000 

290 

individuals provide to the Nation’s security and the ability of such systems to accommodate the evacuation, egress or ingress of people to or 

from critical locations in times of emergency. 

(ii) ALTERNATIVE ROUTES.—For each system described in clause (i) 

the study shall identify— 

(I) potential alternative routes for evacuation using other transportation modes such as highway, air, marine, and pedestrian activities; and 

(II) transit routes that, if disrupted, do not have sufficient transit 

alternatives available. 

(iii) REPORT.—Not later than 24 months after the date of entry into 

the agreement, the Academy shall submit to the Secretary and the 

Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate a final report on the results of the study and evaluation, together with such recommendations as the Academy considers 

appropriate. 

(iv) FUNDING.—Of the amounts made available under section 5338(d) 

of title 49, United States Code, $250,000 shall be available for each of 

fiscal years 2005 and 2006 to carry out this subparagraph. 

(2) EQUIPMENT AND INFRASTRUCTURE.—For carrying out equipment and infrastructure research activities on public transportation and infrastructure technologies and methods and voluntary industry standards development— 

(A) $5,700,000 for fiscal year 2005; 

(B) $6,200,000 for fiscal year 2006; 

(C) $6,550,000 for fiscal year 2007; 

(D) $6,900,000 for fiscal year 2008; and 

(E) $7,200,000 for fiscal year 2009. 

(3) PUBLIC TRANSPORTATION OPERATIONS EFFICIENCY.—For carrying out public 

transportation operations efficiency research activities on high-performance 

public transportation services and other innovations in fleet operations and 

maintenance— 

(A) $4,700,000 for fiscal year 2005; 

(B) $4,900,000 for fiscal year 2006; 

(C) $5,200,000 for fiscal year 2007; 

(D) $5,500,000 for fiscal year 2008; and 

(E) $5,800,000 for fiscal year 2009. 

(4) ENERGY INDEPENDENCE AND ENVIRONMENTAL PROTECTION.— 

(A) IN GENERAL.—For carrying out energy independence and environmental protection research activities on improved public transportation energy use and propulsion systems and public transportation oriented development— 

(i) $3,700,000 for fiscal year 2005; 

(ii) $3,900,000 for fiscal year 2006; 

(iii) $4,150,000 for fiscal year 2007; 

(iv) $4,300,000 for fiscal year 2008; and 

(v) $4,300,000 for fiscal year 2009. 

(B) TRANSIT-ORIENTED DEVELOPMENT CENTER.—Of the funds allocated for 

each of fiscal years 2005 through 2009 under subparagraph (A), not less 

than $1,000,000 shall be made available by the Secretary for establishment 

and operation of a national center for transit-oriented development— 

(i) to develop standards and definitions for transit-oriented development adjacent to public transportation facilities; 

(ii) to develop system planning guidance, performance criteria, and 

modeling techniques for metropolitan planning agencies and public 

transportation agencies to maximize ridership through land use planning and adjacent development; and 

(iii) to provide research support and technical assistance to public 

transportation agencies, metropolitan planning agencies, and other persons regarding transit-oriented development. 

(5) MOBILITY MANAGEMENT.— 

(A) IN GENERAL.—For carrying out research activities on mobility management, as described in section 5302(a)(1) of title 49, United States Code— 

(i) $7,000,000 for fiscal year 2005; 

(ii) $7,400,000 for fiscal year 2006; 

(iii) $7,800,000 for fiscal year 2007; 

(iv) $8,200,000 for fiscal year 2008; and 

(v) $8,700,000 for fiscal year 2009. 

291 

(B) TRANSPORTATION EQUITY RESEARCH PROGRAM.—Of the funds allocated 

for each of fiscal years 2005 through 2009 under subparagraph (A), not less 

than $1,000,000 shall be made available by the Secretary for research and 

demonstration activities that focus on the impacts that transportation planning, investment, and operations have on low-income and minority populations that are transit dependent. Such activities shall include the development of strategies to advance economic and community development in lowincome and minority communities and the development of training programs that promote the employment of low-income and minority community 

residents on Federal-aid transportation projects constructed in their communities. 

(C) COGNITIVE IMPAIRMENT STUDY.—Of the funds allocated for fiscal year 2005 under subparagraph (A), $1,000,000 shall be made available by the 

Secretary for research and demonstration activities that focus on the capacity and resources of Oregon public transportation systems to address the 

needs, barriers, and desires for travel of people with cognitive impairments. 

(6) PUBLIC TRANSPORTATION CAPACITY BUILDING.— (A) IN GENERAL.—For carrying out public transportation capacity building 

activities consisting of workforce and industry development, the International Mass Transportation Program, and technology transfer and industry adoption activities— (i) $2,400,000 for fiscal year 2005; 

(ii) $2,500,000 for fiscal year 2006; 

(iii) $2,600,000 for fiscal year 2007; 

(iv) $2,700,000 for fiscal year 2008; and 

(v) $3,000,000 for fiscal year 2009. 

(B) TRANSIT CAREER LADDER TRAINING PROGRAM.—Of the funds allocated 

for each fiscal year under subparagraph (A), not less than $1,000,000 shall 

be available for a nationwide career ladder job training partnership program for public transportation employees to respond to technological 

changes in the public transportation industry, especially in the area of 

maintenance. Such program shall be carried out by the Secretary through 

a contract with a national nonprofit organization with a demonstrated capacity to develop and provide such programs. 

(7) STRATEGIC PLANNING AND PERFORMANCE MEASURES.—For carrying out 

strategic planning and performance measures consisting of policy and program 

development, research program planning and performance, evaluation, and industry outreach— (A) $3,500,000 for fiscal year 2005; 

(B) $3,700,000 for fiscal year 2006; 

(C) $4,000,000 for fiscal year 2007; 

(D) $4,200,000 for fiscal year 2008; and 

(E) $4,300,000 for fiscal year 2009. 

(b) REMAINDER.—After making allocations under subsection (a) of this section and 

section 5338(d)(2) of title 49, United States Code, the remainder of funds made 

available by section 5338(d)(2) of such title for national research and technology programs under sections 5312, 5314, and 5322 for a fiscal year shall be allocated at 

the discretion of the Secretary to other transit research, development, demonstration and deployment projects authorized by sections 5312, 5314, and 5322 of such 

title. 

SEC. 3042. RELATIONSHIP TO OTHER LAWS. 

Section 5323(l) is amended to read as follows: 

‘‘(l) RELATIONSHIP TO OTHER LAWS.—Section 1001 of title 18 applies to a certificate, submission, or statement provided under this chapter. The Secretary may terminate financial assistance under this chapter and seek reimbursement directly, or 

by offsetting amounts, available under this chapter, when a false or fraudulent 

statement or related act within the meaning of such section 1001 is made in connection with a Federal transit program.’’. 

SEC. 3043. COOPERATIVE PROCUREMENT. 

(a) REVIEW OF COOPERATIVE PROCUREMENT; AUTHORITY TO INCREASE FEDERAL

SHARE.— 

(1) IN GENERAL.—Not later than 6 months after the date of enactment of this 

Act, the Secretary shall undertake a 30-day review of efforts to use cooperative 

procurement to determine whether benefits are sufficient to formally incorporate cooperative procurement into the mass transit program. In particular the 

Secretary shall review the progress made under the pilot program authorized 

under section 166 of division F of the Consolidated Appropriations Act, 2004 (49 

U.S.C. 5397 note; 118 Stat. 309), based on experience to date in the pilot proVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00293 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
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gram and any available reports to Congress submitted under such section 166. 

The Secretary shall also consider information gathered from grantees about cooperative procurement, whether or not related to the pilot program. 

(2) NOTIFICATION OF CONGRESS.—The Secretary shall notify the Committee on 

Transportation and Infrastructure of the House of Representatives and the 

Committee on Banking, Housing, and Urban Affairs of the Senate of the results 

of the review required under paragraph (1), including a finding of sufficient benefit or insufficient benefit and the reasons for that finding. 

SEC. 3044. OBLIGATION CEILING. 

Notwithstanding any other provision of law, the total of all obligations from 

amounts made available from the Mass Transit Account of the Highway Trust Fund 

by, and amounts appropriated under, subsections (a) through (f) of section 5338 of 

title 49, United States Code, shall not exceed— 

(1) $7,266,000,000 for fiscal year 2004; 

(2) $7,646,300,000 for fiscal year 2005; 

(3) $8,482,000,000 for fiscal year 2006; 

(4) $9,042,000,000 for fiscal year 2007; 

(5) $9,639,000,000 for fiscal year 2008; and 

(6) $10,277,000,000 for fiscal year 2009. 

SEC. 3045. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF 2004, 

PART V. 

(a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary shall 

ensure that the total apportionments and allocations made to a designated grant recipient under section 5338 of title 49, United States Code, for fiscal year 2005 shall 

be reduced by the amount apportioned to such designated recipient pursuant to section 8 of the Surface Transportation Extension Act of 2004, Part V. 

(b) FIXED GUIDEWAY MODERNIZATION ADJUSTMENT.—In making the apportionments described in subsection (a), the Secretary shall adjust the amount apportioned to each urbanized area for fixed guideway modernization for fiscal year 2005 

to reflect the method for apportioning funds in section 5337(a) of title 49, United 

States Code. 

SEC. 3046. SPECIAL RULE FOR FISCAL YEAR 2004. 

In any case in which an amount is authorized to be appropriated, made available, 

allocated, set aside, taken down, or subject to an obligation limitation for fiscal year 

2004 for a program, project, or activity in any provision of this title, including an 

amendment made by this title, that is different than the amount authorized to be 

appropriated, made available, allocated, set aside, taken down, or subject to an obligation limitation for fiscal year 2004 for such program, project, or activity in any 

provision of the Surface Transportation Extension Act of 2004, Part IV (Public Law 

108–280), including any amendment made by such Act, the amount referred to in 

such Act shall be the amount authorized to be appropriated, made available, allocated, set aside, taken down, or subject to an obligation limitation. 

TITLE IV—MOTOR CARRIER TRANSPORTATION 

AND SAFETY 

Subtitle A—Commercial Motor Vehicle Safety 

SEC. 4101. AUTHORIZATION OF APPROPRIATIONS. 

(a) ADMINISTRATIVE EXPENSES.—Section 31104 of title 49, United States Code, is 

amended by adding the following at the end: 

‘‘(i) ADMINISTRATIVE EXPENSES.— ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) 

for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration— ‘‘(A) $173,450,000 for fiscal year 2004; 

‘‘(B) $254,849,000 for fiscal year 2005; 

‘‘(C) $215,000,000 for fiscal year 2006; 

‘‘(D) $230,000,000 for fiscal year 2007; 

‘‘(E) $234,000,000 for fiscal year 2008; and 

‘‘(F) $240,000,000 for fiscal year 2009. 

‘‘(2) USE OF FUNDS.—The funds authorized by this subsection shall be used 

for personnel costs; administrative infrastructure; rent; information technology; 

programs for research and technology, information management, regulatory deVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00294 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
293 

velopment (including a medical review board), the administration of the performance and registration information system management, and outreach and 

education; other operating expenses; and such other expenses as may from time 

to time become necessary to implement statutory mandates of the Administration not funded from other sources. 

‘‘(3) PERIOD OF AVAILABILITY.—The amounts made available under this section 

shall remain available until expended. 

‘‘(4) INITIAL DATE OF AVAILABILITY.—Authorizations from the Highway Trust 

Fund (other than the Mass Transit Account) to carry out subtitle IV, part B, 

and subtitle VI, part B, of this title, or the provisions of title IV of the Transportation Equity Act: A Legacy for Users, shall be available for obligation on the 

date of their apportionment or allocation or on October 1 of the fiscal year for 

which they are authorized, whichever occurs first. 

‘‘(5) CONTRACT AUTHORITY.—Approval by the Secretary of a grant with funds 

made available under paragraph (4) imposes upon the United States a contractual obligation for payment of the Government’s share of costs incurred in carrying out the objectives of the grant.’’. 

(b) GRANT PROGRAMS.—There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) the following sums for the 

following Federal Motor Carrier Safety Administration programs: 

(1) For commercial driver’s license program improvement grants under section 31313 of title 49, United States Code $26,000,000 for each of fiscal years 

2006 through 2009. 

(2) For border enforcement grants under section 31107 of such title— 

(A) $32,000,000 for fiscal year 2006; 

(B) $32,000,000 for fiscal year 2007; 

(C) $32,000,000 for fiscal year 2008; and 

(D) $32,000,000 for fiscal year 2009. 

(3) For the performance and registration information system management 

grant program under section 31109 of such title— 

(A) $5,000,000 for fiscal year 2006; 

(B) $5,000,000 for fiscal year 2007; 

(C) $6,000,000 for fiscal year 2008; and 

(D) $6,000,000 for fiscal year 2009. 

(4) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT.—For carrying out the commercial vehicle information systems and networks deployment program under section 4009 of this Act, $25,000,000 for each 

of fiscal years 2006 through 2009. 

(c) PERIOD OF AVAILABILITY.—The amounts made available under subsection (b) 

of this section shall remain available until expended. 

(d) INITIAL DATE OF AVAILABILITY.—Amounts authorized to be appropriated from 

the Highway Trust Fund (other than the Mass Transit Account) by subsection (b) 

shall be available for obligation on the date of their apportionment or allocation or 

on October 1 of the fiscal year for which they are authorized, whichever occurs first. 

(e) CONTRACT AUTHORITY.—Approval by the Secretary of a grant with funds made 

available under subsection (b) imposes upon the United States a contractual obligation for payment of the Government’s share of costs incurred in carrying out the 

objectives of the grant. 

SEC. 4102. MOTOR CARRIER SAFETY GRANTS. 

(a) STATE PLAN CONTENTS.—Section 31102(b)(1) of title 49, United States Code, 

is amended— 

(1) by striking subparagraph (A) and inserting the following: 

‘‘(A) implements performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle 

safety programs;’’; 

(2) by striking subparagraph (Q) and inserting the following: 

‘‘(Q) provides that the State has established a program to ensure accurate, 

complete, and timely motor carrier safety data is collected and reported to the 

Secretary and that the State will participate in a national motor carrier safety 

data correction system prescribed by the Secretary;’’; 

(3) by aligning subparagraph (R) with subparagraph (S); 

(4) by striking ‘‘and’’ at the end of subparagraph (S); 

(5) by striking the period at the end of subparagraph (T) and inserting a 

semicolon; and 

(6) by adding at the end the following: 

‘‘(U) provides that the State will include in the training manual for the licensing examination to drive a noncommercial motor vehicle and a commercial 

motor vehicle, information on best practices for driving safely in the vicinity of 

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commercial motor vehicles and in the vicinity of noncommercial motor vehicles, 

respectively; 

‘‘(V) provides that the State will enforce the registration requirements of section 13902 by prohibiting the operation of any vehicle discovered to be operated 

by a motor carrier without a registration issued under such section or to be operating beyond the scope of such registration; and 

‘‘(W) provides that the State will conduct comprehensive and highly visible 

traffic enforcement and commercial motor vehicle safety inspection programs in 

high-risk locations and corridors.’’. 

(b) USE OF GRANTS TO ENFORCE OTHER LAWS.—Section 31102 of such title is 

amended— 

(1) by striking subsection (c) and inserting the following: 

‘‘(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—A State may use amounts received under a grant under subsection (a)— 

‘‘(1) for the following activities if the activities are carried out in conjunction 

with an appropriate inspection of the commercial motor vehicle to enforce Government or State commercial motor vehicle safety regulations: 

‘‘(A) enforcement of commercial motor vehicle size and weight limitations 

at locations other than fixed weight facilities, at specific locations such as 

steep grades or mountainous terrains where the weight of a commercial 

motor vehicle can significantly affect the safe operation of the vehicle, or 

at ports where intermodal shipping containers enter and leave the United 

States; and 

‘‘(B) detection of the unlawful presence of a controlled substance (as defined under section 102 of the Comprehensive Drug Abuse Prevention and 

Control Act of 1970 (21 U.S.C. 802)) in a commercial motor vehicle or on 

the person of any occupant (including the operator) of the vehicle; and 

‘‘(2) for documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles, including 

documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of commercial 

motor vehicles if the number of roadside safety inspections conducted in the 

State is maintained at a level at least equal to the average number conducted 

in the State in fiscal years 2001, 2002, and 2003; except that the State may not 

use more than 5 percent of the aggregate amount the State receives under the 

grant under subsection (a) for enforcement activities relating to noncommercial 

motor vehicles described in this paragraph.’’; and 

(2) by adding at the end the following: 

‘‘(e) ANNUAL REPORT.—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science and Transportation of the Senate an annual report that describes the effect of activities carried out with funds from grants made under this 

section on commercial motor vehicle safety.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 31104(a) of such title is amended 

to read as follows: 

‘‘(a) IN GENERAL.—Subject to subsection (f), there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to 

carry out section 31102— 

‘‘(1) $188,852,000 for fiscal year 2004; 

‘‘(2) $188,480,000 for fiscal year 2005; 

‘‘(3) $188,000,000 for fiscal year 2006; 

‘‘(4) $197,000,000 for fiscal year 2007; 

‘‘(5) $202,000,000 for fiscal year 2008; and 

‘‘(6) $209,000,000 for fiscal year 2009.’’. 

(d) NEW ENTRANT AUDITS.—Section 31104(f) of such title is amended— 

(1) in paragraph (1) by striking ‘‘deduction under subsection (e)’’ and inserting 

‘‘deductions under subsection (e) and paragraphs (2) and (3)’’; 

(2) the first sentence of paragraph (2)(A)— 

(A) by striking ‘‘or’’; and 

(B) by inserting after ‘‘technologies’’ the following: ‘‘, or improve the quality and accuracy of data provided by the State’’; 

(3) in paragraph (2)— 

(A) by striking ‘‘and border activities.—’’ and all that follows through ‘‘5 

percent’’ and inserting ‘‘activities.—The Secretary may designate up to 10 

percent’’; and 

(B) by striking subparagraph (B); and 

(4) by adding at the end the following: 

295 

‘‘(3) NEW ENTRANT AUDITS.—The Secretary may deduct up to $15,000,000 of 

the amounts available under subsection (a) for a fiscal year for audits of new 

entrant motor carriers under section 31144(g).’’. 

(e) TECHNICAL AMENDMENTS.—Sections 31102(b)(3) and 31103(a) of such title are 

amended by striking ‘‘(1)(D)’’ and inserting ‘‘(1)(E)’’. 

SEC. 4103. BORDER ENFORCEMENT GRANTS. 

(a) IN GENERAL.—Chapter 311 of title 49, United States Code, is amended— 

(1) by striking the heading for subchapter I and inserting the following: 

‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’; and 

(2) by striking section 31107 and inserting the following: 

‘‘§ 31107. Border enforcement grants 

‘‘(a) GENERAL AUTHORITY.—The Secretary of Transportation may make a grant in 

a fiscal year to a State that shares a land border with another country for carrying 

out border commercial motor vehicle safety programs and related enforcement activities and projects. 

‘‘(b) MAINTENANCE OF EXPENDITURES.—The Secretary may make a grant to a 

State under this section only if the State agrees that the total expenditure of 

amounts of the State and political subdivisions of the State, exclusive of amounts 

from the United States, for carrying out border commercial motor vehicle safety programs and related enforcement activities and projects will be maintained at a level 

at least equal to the average level of that expenditure by the State and political subdivisions of the State for the last 2 fiscal years of the State ending before the date 

of enactment of the Transportation Equity Act: A Legacy for Users. 

‘‘(c) GOVERNMENTS SHARE OF COSTS.—The Secretary shall reimburse a State 

under a grant made under this section an amount that is not more than 100 percent 

of the costs incurred by the State in a fiscal year for carrying out border commercial 

motor vehicle safety programs and related enforcement activities and projects. 

‘‘(d) AVAILABILITY AND REALLOCATION OF AMOUNTS.—Allocations to a State remain 

available for expenditure in the State for the fiscal year in which they are allocated 

and for the next fiscal year. Amounts not expended by a State during those 2 fiscal 

years are available to the Secretary for reallocation under this section.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) ITEM RELATING TO SUBCHAPTER I.—The analysis for such chapter is 

amended by striking the item relating to subchapter I and inserting the following: 

‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’. 

(2) ITEM RELATING TO SECTION 31107.—The analysis for such chapter is amended by striking the item relating to section 31107 and inserting the following: 

‘‘31107. Border enforcement grants.’’. 

SEC. 4104. COMMERCIAL DRIVER’S LICENSE IMPROVEMENTS. 

(a) STATE GRANTS.—Chapter 313 of title 49, United States Code, is amended by 

inserting after section 31312 the following: 

‘‘§ 31313. Grants for commercial driver’s license program improvements 

‘‘(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENTS.— 

‘‘(1) GENERAL AUTHORITY.—The Secretary of Transportation may make a 

grant to a State in a fiscal year— 

‘‘(A) to comply with the requirements of section 31311; and 

‘‘(B) in the case of a State that is in substantial compliance with the requirements of section 31311 and this section, to improve its implementation 

of its commercial driver’s license program. 

‘‘(2) PURPOSES FOR WHICH GRANTS MAY BE USED.—A State may use grants 

under paragraphs (1)(A) and (1)(B) only for expenses directly related to its compliance with section 31311; except that a grant under paragraph (1)(B) may be 

used for improving implementation of the State’s commercial driver’s license 

program, including expenses for computer hardware and software, publications, 

testing, personnel, training, and quality control. The grant may not be used to 

rent, lease, or buy land or buildings. 

‘‘(3) APPLICATION.—In order to receive a grant under this section, a State 

must submit an application for such grant that is in such form, and contains 

such information, as the Secretary may require. The application shall include 

the State’s assessment of its commercial drivers license program. 

‘‘(4) MAINTENANCE OF EXPENDITURES.—The Secretary may make a grant to a 

State under this subsection only if the State agrees that the total expenditure 

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of amounts of the State and political subdivisions of the State, exclusive of 

amounts from the United States, for the State’s commercial driver’s license program will be maintained at a level at least equal to the average level of that 

expenditure by the State and political subdivisions of the State for the last 2 

fiscal years of the State ending before the date of enactment of the Transportation Equity Act: A Legacy for Users. 

‘‘(5) GOVERNMENT SHARE.—The Secretary shall reimburse a State under a 

grant made under this subsection an amount that is not more than 80 percent 

of the costs incurred by the State in a fiscal year in complying with section 

31311 and improving its implementation of its commercial driver’s license program. In determining such costs, the Secretary shall include in-kind contributions by the State. Amounts required to be expended by the State under paragraph (4) may not be included as part of the non-Federal share of such costs. 

‘‘(b) HIGH-PRIORITY ACTIVITIES.— 

‘‘(1) GRANTS FOR NATIONAL CONCERNS.—The Secretary may make a grant to 

a State agency, local government, or other person for 100 percent of the costs 

of research, development, demonstration projects, public education, and other 

special activities and projects relating to commercial driver licensing and motor 

vehicle safety that are of benefit to all jurisdictions of the United States or are 

designed to address national safety concerns and circumstances. 

‘‘(2) FUNDING.—The Secretary may deduct up to 10 percent of the amounts 

made available to carry out this section for a fiscal year to make grants under 

this subsection.’’. 

(b) CONFORMING AMENDMENT.—The analysis for such chapter is amended by inserting after the item relating to section 31312 the following: 

‘‘31313. Grants for commercial driver’s license program improvements.’’. 

(c) AMOUNTS WITHHELD.—Subsections (a) and (b) of section 31314 of such title are 

each amended by inserting ‘‘up to’’ after ‘‘withhold’’. 

SEC. 4105. HOBBS ACT. 

(a) JURISDICTION OF COURT OF APPEALS OVER COMMERCIAL MOTOR VEHICLE SAFETY REGULATION AND OPERATORS AND MOTOR CARRIER SAFETY.—Section 2342(3)(A) 

of title 28, United States Code, is amended by inserting before ‘‘of title 49’’ the following: ‘‘, subchapter III of chapter 311, chapter 313, or chapter 315’’. 

(b) JUDICIAL REVIEW.—Section 351(a) of title 49, United States Code, is amended 

by striking ‘‘Federal Highway Administration’’ and inserting ‘‘Federal Motor Carrier 

Safety Administration’’. 

(c) AUTHORITY TO CARRY OUT CERTAIN TRANSFERRED DUTIES AND POWERS.—Section 352 of title 49, United States Code, is amended by striking ‘‘Federal Highway 

Administration’’ and inserting ‘‘Federal Motor Carrier Safety Administration’’. 

SEC. 4106. PENALTY FOR DENIAL OF ACCESS TO RECORDS. 

Section 521(b) of title 49, United States Code, is amended— 

(1) by striking ‘‘(b)(1)(A) If the Secretary’’ and inserting the following: 

‘‘(b) VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE SAFETY REGULATION

AND OPERATORS.— 

‘‘(1) NOTICE.— 

‘‘(A) IN GENERAL.—If the Secretary’’; and 

(2) by adding at the end of paragraph (2) the following: 

‘‘(E) COPYING OF RECORDS AND ACCESS TO EQUIPMENT, LANDS, AND BUILDINGS.—A person subject to chapter 51 or part B of subtitle VI who fails to 

allow the Secretary, or an employee designated by the Secretary, promptly 

upon demand to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property in accordance with section 

504(c), 5121(c), or 14122(b) shall be liable to the United States for a civil 

penalty not to exceed $1,000 for each offense. Each day the Secretary is denied the right to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property shall constitute a separate offense; except that the total of all civil penalties against any violator for all 

offenses related to a single violation shall not exceed $10,000. It shall be 

a defense to such penalty that the records did not exist at the time of the 

Secretary’s request or could not be timely produced without unreasonable 

expense or effort. Nothing in this subparagraph shall be construed as 

amending or superseding any remedy available to the Secretary under section 502(d), section 507(c), or any other provision of this title.’’. 

SEC. 4107. MEDICAL REVIEW BOARD. 

Section 113 of title 49, United States Code, is amended by adding at the end the 

following: 

297 

‘‘(j) MEDICAL REVIEW BOARD.— 

‘‘(1) ESTABLISHMENT AND FUNCTION.—The Administrator shall establish a 

Medical Review Board as an advisory committee to provide the Administration 

with medical advice and recommendations on driver qualification medical 

standards and guidelines, medical examiner education, and medical research. 

‘‘(2) COMPOSITION.—The Medical Review Board shall consist of 5 members appointed for a term not to exceed 3 years by the Secretary from medical institutions and private medical practice. The membership shall reflect expertise in a 

variety of medical specialties relevant to the functions of the Administration.’’. 

SEC. 4108. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS AND FALSE RECORDS. 

(a) RECORDKEEPING AND REPORTING VIOLATIONS.—Section 521(b)(2)(B) of title 49, 

United States Code, is amended— 

(1) in clause (i) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; and 

(2) by striking ‘‘$5,000’’ each place it appears and inserting ‘‘$10,000’’. 

(b) VIOLATIONS OF OUT-OF-SERVICE ORDERS.—Section 31310(i)(2) of title 49, 

United States Code, is amended— 

(1) by striking ‘‘Not later than December 18, 1992, the’’ and inserting ‘‘The’’; 

(2) in subparagraph (A)— 

(A) by striking ‘‘90 days’’ and inserting ‘‘180 days’’; and 

(B) by striking ‘‘$1,000’’ and inserting ‘‘$2,500’’; 

(3) in subparagraph (B)— 

(A) by striking ‘‘one year’’ and inserting ‘‘2 years’’; and 

(B) by striking ‘‘$1,000; and’’ and inserting ‘‘$5,000;’’; and 

(4) in subparagraph (C) by striking ‘‘$10,000.’’ and inserting ‘‘$25,000; and’’. 

SEC. 4109. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT. 

(a) IN GENERAL.—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. 

(b) PURPOSE.—The program shall advance the technological capability and promote the deployment of intelligent transportation system applications for commercial motor vehicle operations, commercial driver, and carrier-specific information 

systems and networks. 

(c) 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) AMOUNT OF GRANTS.—The maximum aggregate amount the Secretary may 

grant to a State for the core deployment of commercial vehicle information systems and networks under this subsection and sections 5001(a)(5) and 5001(a)(6) 

of the Transportation Equity Act for the 21st Century (112 Stat. 420) may not 

exceed $2,500,000. 

(3) USE OF FUNDS.—Funds from a grant under this subsection may only be 

used for the core deployment of commercial vehicle information systems and 

networks. An eligible State that has either completed the core deployment of 

commercial vehicle information systems and networks or completed such deployment before grant funds are expended under this subsection may use the 

grant funds for the expanded deployment of commercial vehicle information systems and networks in the State. 

(d) EXPANDED DEPLOYMENT GRANTS.— 

(1) IN GENERAL.—For each fiscal year, from the funds remaining after the 

Secretary has made grants under subsection (c), the Secretary may make grants 

to each eligible State, upon 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 in such State is eligible for 

an expanded deployment grant under this subsection. 

(3) AMOUNT OF GRANTS.—Each fiscal year, the Secretary may distribute funds 

available for expanded deployment grants equally among the eligible States, but 

not to exceed $1,000,000 per 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. 

(e) ELIGIBILITY.—To be eligible for a grant under this section, a State— 

(1) shall have a commercial vehicle information systems and networks program plan approved by the Secretary that describes the various systems and 

298 

networks at the State level that need to be refined, revised, upgraded, or built 

to accomplish deployment of core capabilities; 

(2) shall certify to the Secretary that its commercial vehicle information systems and networks deployment activities, including hardware procurement, 

software and system development, and infrastructure modifications— 

(A) are consistent with the national intelligent transportation systems 

and commercial vehicle information systems and networks architectures 

and available standards; and 

(B) promote interoperability and efficiency to the extent practicable; and 

(3) shall agree to execute interoperability tests developed by the Federal 

Motor Carrier Safety Administration to verify that its systems conform with the 

national intelligent transportation systems architecture, applicable standards, 

and protocols for 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 not exceed 50 percent. The total Federal share of the cost of a project payable from all eligible sources shall not exceed 

80 percent. 

(g) DEFINITIONS.—In this section, the following definitions apply: 

(1) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS.—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 motor 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 motor 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 MOTOR VEHICLE OPERATIONS.—The term ‘‘commercial motor 

vehicle operations’’— 

(A) means motor carrier operations and motor vehicle regulatory activities associated with the commercial motor vehicle movement of goods, including hazardous materials, and passengers; and 

(B) with respect to the public sector, includes the issuance of operating 

credentials, the administration of motor vehicle and fuel taxes, and 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 the following capabilities: 

(A) Safety information exchange to— 

(i) electronically collect and transmit commercial motor vehicle and 

driver inspection data at a majority of inspection sites in the State; 

(ii) connect to the safety and fitness electronic records system for access to interstate carrier and commercial motor vehicle data, summaries of past safety performance, and commercial motor vehicle credentials information; and 

(iii) exchange carrier data and commercial motor vehicle safety and 

credentials information within the State and connect to such system for 

access to interstate carrier and commercial motor vehicle data. 

(B) Interstate credentials administration to— 

(i) perform end-to-end processing, including carrier application, jurisdiction application processing, and credential issuance, of at least the 

international registration plan and international fuel tax agreement 

credentials and extend this processing to other credentials, including 

intrastate registration, vehicle titling, oversize vehicle permits, overweight vehicle permits, carrier registration, and hazardous materials 

permits; 

(ii) connect to such plan and agreement clearinghouses; and 

(iii) have at least 10 percent of the credentialing transaction volume 

in the State handled electronically and have the capability to add more 

carriers and to extend to branch offices where applicable. 

(C) Roadside electronic screening to electronically screen transponderequipped commercial vehicles at a minimum of one fixed or mobile inspecVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00300 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
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tion site in the State and to replicate this screening at other sites in the 

State. 

(4) EXPANDED DEPLOYMENT.—The term ‘‘expanded deployment’’ means the deployment of systems in a State that exceed the requirements of a core deployment of commercial vehicle information systems and networks, improve safety 

and the productivity of commercial motor vehicle operations, and enhance transportation security. 

(h) REPEAL.—Section 5209 of the Transportation Equity Act for the 21st Century 

(23 U.S.C. 502 note; 112 Stat. 460–461) is repealed. 

SEC. 4110. SAFETY FITNESS. 

(a) IN GENERAL.—Section 31144(a) of title 49, United States Code, is amended to 

read as follows: 

‘‘(a) IN GENERAL.—The Secretary shall— 

‘‘(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner 

or operator operating in interstate commerce and the accident record and safety 

inspection record of such owner or operator in operations that affect interstate 

commerce; 

‘‘(2) periodically update such safety fitness determinations; 

‘‘(3) make such final safety fitness determinations readily available to the 

public; and 

‘‘(4) prescribe by regulation penalties for violations of this section consistent 

with section 521.’’. 

(b) PROHIBITED TRANSPORTATION.—The first subsection (c) of such section 31144 

is amended by adding at the end the following: 

‘‘(5) TRANSPORTATION AFFECTING INTERSTATE COMMERCE.—Owners or operators of commercial motor vehicles prohibited from operating in interstate commerce pursuant to paragraphs (1) through (3) may not operate any commercial 

motor vehicle that affects interstate commerce until the Secretary determines 

that such owner or operator is fit.’’. 

(c) DETERMINATION OF UNFITNESS BY A STATE.—Such section 31144 is further 

amended— 

(1) by redesignating subsections (d), (e), and the second subsection (c) as subsections (e), (f), and (g), respectively; 

(2) by inserting after the first subsection (c) the following: 

‘‘(d) DETERMINATION OF UNFITNESS BY A STATE.—If a State that receives a grant 

under section 31102 determines, by applying the standards prescribed by the Secretary under subsection (b), that an owner or operator of commercial motor vehicles 

that has its principal place of business in that State and operates in intrastate commerce is unfit under such standards and prohibits the owner or operator from operating such vehicles in the State, the Secretary shall prohibit the owner or operator 

from operating such vehicles in interstate commerce until the State determines that 

the owner or operator is fit.’’; and 

(3) in subsection (g) (as redesignated by paragraph (1) of this subsection) by 

adding at the end the following: 

‘‘(5) GRANTS FOR AUDITS.—From amounts deducted under section 31104(f)(3), 

the Secretary may make grants to States and local governments for new entrant 

motor carrier audits under this subsection without requiring a matching contribution from such States or local governments. 

‘‘(6) DOT AUDITS.—If the Secretary determines that a State or local government is unable to use government employees to conduct new entrant motor carrier audits, the Secretary may utilize the funds deducted under section 

31104(f)(3) to conduct such audits in areas under the jurisdiction of such State 

or local government.’’. 

SEC. 4111. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER MANAGEMENT. 

(a) DUTIES OF EMPLOYERS AND EMPLOYEES.—Section 31135 of title 49, United 

States Code, is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Each’’; and 

(2) by adding at the end the following: 

‘‘(b) PATTERN OF NONCOMPLIANCE.—If the Secretary finds that an officer of a 

motor carrier engages or has engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations on commercial motor vehicle safety prescribed under this subchapter, while serving as an 

officer of any motor carrier, the Secretary may suspend, amend, or revoke any part 

of the motor carrier’s registration under section 13905. 

‘‘(c) REGULATIONS.—The Secretary shall by regulation establish standards to implement subsection (b). 

‘‘(d) DEFINITIONS.—In this section, the following definitions apply: 

300 

‘‘(1) MOTOR CARRIER.—The term ‘motor carrier’ has the meaning such term 

has under section 13102. 

‘‘(2) OFFICER.—The term ‘officer’ means an owner, director, chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor, and driver supervisor of a motor carrier, regardless of the 

title attached to those functions, and any person, however designated, exercising controlling influence over the operations of a motor carrier.’’. 

(b) CROSS REFERENCE.—Section 13902(a)(1)(B) of title 49, United States Code, is 

amended to read as follows: 

‘‘(B)(i) any safety regulations imposed by the Secretary; 

‘‘(ii) the duties of employers and employees established by the Secretary 

under section 31135; and 

‘‘(iii) the safety fitness requirements established by the Secretary under 

section 31144; and’’. 

SEC. 4112. MOTOR CARRIER RESEARCH AND TECHNOLOGY PROGRAM. 

(a) IN GENERAL.—Section 31108 of title 49, United States Code, is amended to 

read as follows: 

‘‘§ 31108. Motor carrier research and technology program 

‘‘(a) RESEARCH, TECHNOLOGY, AND TECHNOLOGY TRANSFER ACTIVITIES.— ‘‘(1) ESTABLISHMENT.—The Secretary of Transportation shall establish and 

carry out a motor carrier research and technology program. 

‘‘(2) MULTIYEAR PLAN.—The program must include a multi-year research plan 

that focuses on nonredundant innovative research. 

‘‘(3) RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER ACTIVITIES.—The 

Secretary may carry out under the program research, development, technology, 

and technology transfer activities with respect to— 

‘‘(A) the causes of accidents, injuries, and fatalities involving commercial 

motor vehicles; 

‘‘(B) means of reducing the number and severity of accidents, injuries, 

and fatalities involving commercial motor vehicles; 

‘‘(C) improving commercial motor vehicle and motor carrier safety, and industry efficiency, through technological improvement; 

‘‘(D) improving technology used by enforcement officers when conducting 

roadside inspections and compliance reviews to increase efficiency and information transfers; and 

‘‘(E) increasing the safety and security of hazardous materials transportation. 

‘‘(4) TESTS AND DEVELOPMENT.—The Secretary may test, develop, or assist in 

testing and developing any material, invention, patented article, or process related to the research and technology program. 

‘‘(5) TRAINING.—The Secretary may use the funds made available to carry out 

this section for training or education of commercial motor vehicle safety personnel, including training in accident reconstruction and detection of controlled 

substances or other contraband and stolen cargo or vehicles. 

‘‘(6) PROCEDURES.—The Secretary may carry out this section— 

‘‘(A) independently; 

‘‘(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or 

‘‘(C) by making grants to, or entering into contracts, cooperative agreements, and other transactions with, any Federal laboratory, State agency, 

authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or person. 

‘‘(7) DEVELOPMENT AND PROMOTION OF USE OF PRODUCTS.—The Secretary 

shall use funds made available to carry out this section to develop, administer, 

communicate, and promote the use of products of research, technology, and 

technology transfer programs under this section. 

‘‘(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.— 

‘‘(1) IN GENERAL.—To advance innovative solutions to problems involving commercial motor vehicle and motor carrier safety, security, and efficiency, and to 

stimulate the deployment of emerging 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, and sole proprietorships that are incorporated or established under 

the laws of any State; and 

‘‘(B) Federal laboratories. 

‘‘(2) COOPERATIVE AGREEMENTS.—In carrying out this subsection, the Secretary may enter into cooperative research and development agreements (as deVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00302 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
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fined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 

(15 U.S.C. 3710a)). 

‘‘(3) COST SHARING.— ‘‘(A) FEDERAL SHARE.—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 associated with any such activity, the 

Secretary may approve a greater Federal share. 

‘‘(B) TREATMENT OF DIRECTLY INCURRED NON-FEDERAL COSTS.—All costs 

directly incurred by the non-Federal partners, including personnel, travel, 

and hardware or software 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.).’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 311 of such title is 

amended by striking the item relating to section 31108 and inserting the following: 

‘‘31108. Motor carrier research and technology program.’’. 

SEC. 4113. INTERNATIONAL COOPERATION. 

(a) IN GENERAL.—Chapter 311 of title 49, United States Code, is amended by adding at the end the following: 

‘‘SUBCHAPTER IV—MISCELLANEOUS 

‘‘§ 31161. International cooperation 

‘‘The Secretary of Transportation is authorized to use funds made available by 

section 31104(i) to participate and cooperate in international activities to enhance 

motor carrier, driver, and highway safety by such means as exchanging information, 

conducting research, and examining needs, best practices, and new technology.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is amended by adding 

at the end the following: 

‘‘SUBCHAPTER IV—MISCELLANEOUS

‘‘31161. International cooperation.’’. 

SEC. 4114. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT. 

(a) DESIGN AND CONDITIONS FOR PARTICIPATION.—Section 31106(b) of title 49, 

United States Code, is amended by striking paragraphs (2), (3), and (4) and inserting the following: 

‘‘(2) DESIGN.—The program shall link Federal motor carrier safety information systems with State commercial vehicle registration and licensing systems 

and shall be designed to enable a State to— 

‘‘(A) determine the safety fitness of a motor carrier or registrant when licensing or registering the registrant or motor carrier or while the license 

or registration is in effect; and 

‘‘(B) deny, suspend, or revoke the commercial motor vehicle registrations 

of a motor carrier or registrant that has been issued an operations out-ofservice order by the Secretary. 

‘‘(3) CONDITIONS FOR PARTICIPATION.—The Secretary shall require States, as 

a condition of participation in the program, to— 

‘‘(A) comply with the uniform policies, procedures, and technical and operational standards prescribed by the Secretary under subsection (a)(4); and 

‘‘(B) possess or seek the authority to deny, suspend, or revoke commercial 

motor vehicle registrations based on the issuance of an operations out-ofservice order by the Secretary.’’. 

(b) PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT

GRANTS.— 

(1) IN GENERAL.—Subchapter I of chapter 311 of title 49, United States Code, 

is further amended by adding at the end the following: 

‘‘§ 31109. Performance and registration information system management 

‘‘(a) IN GENERAL.—The Secretary of Transportation may make a grant to a State 

to implement the performance and registration information system management requirements of section 31106(b). 

‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts made available to a State under this 

section shall remain available until expended.’’. 

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(2) CONFORMING AMENDMENT.—The analysis for such subchapter is amended 

by adding at the end the following: 

‘‘31109. Performance and registration information system management.’’. 

SEC. 4115. DATA QUALITY IMPROVEMENT. 

Section 31106(a)(3) of title 49, United States Code, is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (D); 

(2) by striking the period at the end of subparagraph (E) and inserting a 

semicolon; and 

(3) by adding at the end the following: 

‘‘(F) ensure, to the maximum extent practical, all the data is complete, 

timely, and accurate across all information systems and initiatives; and 

‘‘(G) establish and implement a national motor carrier safety data correction system.’’. 

SEC. 4116. DRIVEAWAY SADDLEMOUNT VEHICLES. 

(a) DEFINITION.—Section 31111(a) of tile 49, United States Code, is amended by 

adding at the end of the following: 

‘‘(4) DRIVE-AWAY SADDLEMOUNT WITH FULLMOUNT VEHICLE TRANSPORTER COMBINATION.—The term ‘drive-away saddlemount with fullmount vehicle transporter combination’ means a vehicle combination designed and specifically used 

to tow up to 3 trucks or truck tractors, each connected by a saddle to the frame 

or fifth-wheel of the forward vehicle of the truck or truck tractor in front of it.’’. 

(b) GENERAL LIMITATIONS.—Section 31111(b)(1) of such title is amended— 

(1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), 

respectively; and 

(2) by inserting after subparagraph (C) the following: 

‘‘(D) imposes a vehicle length limitation of not less than or more than 97 feet 

on a driveaway saddlemount with fullmount vehicle transporter combinations;’’. 

SEC. 4117. COMPLETION OF UNIFORM CARRIER REGISTRATION. 

(a) IN GENERAL.—Section 14504 of title 49, United States Code, and the item relating to such section in analysis for chapter 145 of such title, are repealed. 

(b) CONFORMING AMENDMENTS.—Section 13908 of such title is amended— 

(1) in subsection (a) by striking ‘‘the single State registration system under 

section 14504,’’; 

(2) in subsection (b)— 

(A) by striking paragraphs (2) and (3); and 

(B) by redesignating paragraphs (4), (5), and (6) as paragraphs (2), (3), 

and (4), respectively; 

(3) by striking subsection (d); and 

(4) by striking ‘‘(e) DEADLINE FOR CONCLUSION; MODIFICATION.—’’ and all that 

follows through ‘‘1996,’’ and inserting the following: 

‘‘(d) DEADLINE FOR COMPLETION.—Not later than 1 year after the date of enactment of the Transportation Equity Act: A Legacy for Users,’’. 

SEC. 4118. REGISTRATION OF MOTOR CARRIERS AND FREIGHT FORWARDERS. 

(a) DEFINITIONS RELATING TO MOTOR CARRIERS.—Paragraphs (6), (7), (12), and 

(13) of section 13102 of title 49, United States Code, are each amended by striking 

‘‘motor vehicle’’ and inserting ‘‘commercial motor vehicle (as defined in section 

31132)’’. 

(b) FREIGHT FORWARDERS.—Section 13903(a) of title 49, United States Code, is 

amended— 

(1) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(1) HOUSEHOLD GOODS.—The Secretary’’; 

(2) by inserting ‘‘of household goods’’ after ‘‘freight forwarder’’; and 

(3) by adding at the end the following: 

‘‘(2) OTHERS.—The Secretary may register a person to provide service subject 

to jurisdiction under subchapter III of chapter 135 as a freight forwarder (other 

than a freight forwarder of household goods) if the Secretary finds that such 

registration is needed for the protection of shippers and that the person is fit, 

willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary and Board.’’. 

SEC. 4119. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO HIGHWAY TRUST FUND. 

Sections 31138(d)(5) and 31139(f)(5) of title 49, United States Code, are each 

amended by striking ‘‘Treasury as miscellaneous receipts’’ and inserting ‘‘Highway 

Trust Fund (other than the Mass Transit Account)’’. 

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SEC. 4120. OUTREACH AND EDUCATION. 

(a) IN GENERAL.—The Secretary shall conduct, through any combination of grants, 

contracts, or cooperative agreements, an outreach and education program to be administered by the Federal Motor Carrier Safety Administration and the National 

Highway Traffic Safety Administration. 

(b) PROGRAM ELEMENTS.—The program shall include, at a minimum, the following: 

(1) A program to promote a more comprehensive and national effort to educate commercial motor vehicle drivers and passenger vehicle drivers about how 

commercial motor vehicle drivers and passenger vehicle drivers can more safely 

share the road with each other. 

(2) A program to promote enhanced traffic enforcement efforts aimed at reducing the incidence of the most common unsafe driving behaviors that cause 

or contribute to crashes involving commercial motor vehicles and passenger vehicles. 

(3) A program to establish a public-private partnership to provide resources 

and expertise for the development and dissemination of information relating to 

sharing the road referred to in paragraphs (1) and (2) to each partner’s constituents and to the general public through the use of brochures, videos, paid and 

public advertisements, the Internet, and other media. 

(c) FEDERAL SHARE.—The Federal share of a program or activity for which a grant 

is made under this section shall be 100 percent of the cost of such program or activity. 

(d) ANNUAL REPORT.—The Secretary shall prepare and transmit to Congress an 

annual report on the programs and activities carried out under this section. 

(e) FUNDING.—From amounts made available under section 31104(i) of title 49, 

United States Code, the Secretary shall make available $1,000,000 to the Federal 

Motor Carrier Safety Administration, and $3,000,000 to the National Highway Traffic Safety Administration, for each of fiscal years 2005, 2006, 2007, 2008, and 2009 

to carry out this section. 

SEC. 4121. INSULIN TREATED DIABETES MELLITUS. 

(a) NO PERIOD OF COMMERCIAL DRIVING WHILE USING INSULIN REQUIRED FOR

QUALIFICATION.—The Secretary may not require individuals with insulin-treated diabetes mellitus who are applying for an exemption from the physical qualification 

standards to have experience operating commercial motor vehicles while using insulin in order to be exempted from the physical qualification standards to operate a 

commercial motor vehicle in interstate commerce. 

(b) MINIMUM PERIOD OF INSULIN USE.—Subject to subsection (a), the Secretary 

shall require individuals with insulin-treated diabetes mellitus to have a minimum 

period of insulin use to demonstrate stable control of diabetes before operating a 

commercial motor vehicle in interstate commerce. For individuals who have been 

newly diagnosed with type 1 diabetes, the minimum period of insulin use may not 

exceed 2 months, unless directed by the treating physician. For individuals who 

have type 2 diabetes and are converting to insulin use, the minimum period of insulin use may not exceed 1 month, unless directed by the treating physician. 

(c) LIMITATIONS.—Insulin-treated individuals may not be held by the Secretary to 

a higher standard of physical qualification in order to operate a commercial motor 

vehicle in interstate commerce than other individuals applying to operate, or operating, a commercial motor vehicle in interstate commerce; except to the extent that 

limited operating, monitoring, and medical requirements are deemed medically necessary under regulations issued by the Secretary. 

SEC. 4122. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS. 

(a) ESTABLISHMENT.—The Secretary shall establish a grant program for training 

operators of commercial motor vehicles (as defined in section 31301 of title 49, 

United States Code). The purpose of the program shall be to train operators and 

future operators in the safe use of such vehicle. 

(b) FEDERAL SHARE.—The Federal share of the cost for which a grant is made 

under this section shall be 80 percent. 

(c) FUNDING.—From amounts made available under section 31104(i) of title 49, 

United States Code, the Secretary shall make available $1,000,000 for each of fiscal 

years 2005, 2006, 2007, 2008, and 2009 to carry out this section. 

SEC. 4123. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE. 

(a) ESTABLISHMENT.—The Secretary shall establish a commercial motor vehicle 

safety advisory committee to provide advice and recommendations to the Secretary 

on commercial motor vehicle safety regulations and other matters relating to activities and functions of the Federal Motor Carrier Safety Administration. 

304 

(b) COMPOSITION.—The members of the advisory committee shall be appointed by 

the Secretary and shall include representatives of the motor carrier industry, drivers, safety advocates, manufacturers, safety enforcement officials, law enforcement 

agencies of border States, and other individuals affected by rulemakings under consideration by the Department of Transportation. Representatives of a single interest 

group may not constitute a majority of the members of the advisory committee. 

(c) TERMINATION DATE.—The advisory committee shall remain in effect until September 30, 2009. 

SEC. 4124. SAFETY DATA IMPROVEMENT PROGRAM. 

(a) IN GENERAL.—The Secretary shall make grants to States for projects and activities to improve the accuracy, timeliness, and completeness of commercial motor 

vehicle safety data reported to the Secretary. 

(b) ELIGIBILITY.—A State shall be eligible for a grant under this section in a fiscal 

year if the Secretary determines that the State has— 

(1) conducted a comprehensive audit of its commercial motor vehicle safety 

data system within the preceding 2 years; 

(2) developed a plan that identifies and prioritizes its commercial motor vehicle safety data needs and goals; and 

(3) identified performance-based measures to determine progress toward those 

goals. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

from the Highway Trust Fund (other than the Mass Transit Account) to carry out 

this section $3,000,000 for each of fiscal years 2006 through 2009. 

(d) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds authorized to be appropriated by this section shall be available for obligation in the same manner as 

if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using such 

funds shall be 80 percent and such funds shall remain available until expended. 

(e) BIENNIAL REPORT.—Not later 2 years after the date of enactment of this Act, 

and biennially thereafter, the Secretary shall transmit to Congress a report on the 

activities and results of the program carried out under this section, together with 

any recommendations the Secretary determines appropriate. 

SEC. 4125. COMMERCIAL DRIVER’S LICENSE INFORMATION SYSTEM MODERNIZATION. 

(a) GENERAL AUTHORITY.—The Secretary may make a grant to a State or organization representing agencies and officials of a State in a fiscal year to modernize 

its commercial driver’s license information system in accordance with subsection (c) 

if the State is in substantial compliance with the requirements of section 31311 of 

title 49, United States Code, and this section, as determined by the Secretary. The 

Secretary shall establish criteria for the distribution of grants and notify each State 

annually of such criteria. 

(b) MODERNIZATION PLAN.—No later than 120 days after the date of enactment 

of this Act, the Secretary shall publish a comprehensive national plan to modernize 

the commercial driver’s license information system. The plan shall be developed in 

consultation with representatives of the motor carrier industry, State safety enforcement agencies, and State licensing agencies designated by the Secretary. 

(c) USE OF GRANT.—A State may use a grant under this section only to implement 

improvements that are consistent with the modernization plan developed by the 

Secretary. 

(d) PILOT PROGRAM.— 

(1) IN GENERAL.—The Secretary may conduct with grants under this section 

a 3-year pilot program in no more than 3 States to evaluate a system for sharing driver’s license information on all commercial and noncommercial driver’s 

licenses issued in each participating State. 

(2) FUNDING.—The Secretary may use no more than 50 percent of the funds 

available to carry out this section for the pilot program in any fiscal year. 

(3) REPORT.—Not later than 1 year after the last day of the pilot program, 

the Secretary shall transmit to Congress a report on the results of the pilot program. 

(e) GOVERNMENT SHARE.—A grant under this section to a State or organization 

may not be for more than 80 percent of the costs incurred by the State or organization in a fiscal year in implementing the modernization program developed by the 

Secretary. In determining these costs, the Secretary shall include in-kind contributions of the State. 

(f) FUNDING.—There are authorized to be appropriated from the Highway Trust 

Fund (other than the Mass Transit Account) to carry out this section— 

(1) $7,000,000 for fiscal year 2006; 

(2) $7,000,000 for fiscal year 2007; 

(3) $8,000,000 for fiscal year 2008; and 

305 

(4) $8,000,000 for fiscal year 2009. 

(g) CONTRACT AUTHORITY AND AVAILABILITY.— 

(1) PERIOD OF AVAILABILITY.—The amounts made available under subsection 

(f) shall remain available until expended. 

(2) INITIAL DATE OF AVAILABILITY.—Amounts authorized to be appropriated 

from the Highway Trust Fund (other than the Mass Transit Account) by subsection (f) shall be available for obligation on the date of their apportionment 

or allocation or on October 1 of the fiscal year for which they are authorized, 

whichever occurs first. 

(3) CONTRACT AUTHORITY.—Approval by the Secretary of a grant with funds 

made available under subsection (f) imposes upon the United States a contractual obligation for payment of the Government’s share of costs incurred in carrying out the objectives of the grant. 

SEC. 4126. MAXIMUM HOURS OF SERVICE FOR OPERATORS OF GROUND WATER WELL DRILLING RIGS. 

Section 345(a)(2) of the National Highway System Designation Act of 1995 (49 

U.S.C. 31136 note; 109 Stat 613) is amended by adding at the end the following: 

‘‘Except as required in section 395.3 of title 49, Code of Federal Regulations, as in 

effect on the date of enactment of this sentence, no additional off-duty time shall 

be required in order to operate such vehicle.’’. 

SEC. 4127. SAFETY PERFORMANCE HISTORY SCREENING. 

(a) IN GENERAL.—The Secretary shall provide persons conducting preemployment 

screening services for the motor carrier industry electronic access to the following 

reports contained in the Motor Carrier Management Information System: 

(1) Commercial motor vehicle accident reports. 

(2) Inspection reports that contain no driver-related safety violations. 

(3) Serious driver-related safety violation inspection reports. 

(b) CONDITIONS ON PROVIDING ACCESS.—Before providing a person access to the 

Motor Carrier Management Information System under subsection (a), the Secretary 

shall— 

(1) ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all 

other applicable Federal law; 

(2) ensure that such person will not conduct a screening without the operatorapplicant’s written consent; 

(3) ensure that any information that is released to such person will not be 

released to any person or entity, other than the motor carrier requesting the 

screening services or the operator-applicant, unless expressly authorized or required by law; and 

(4) provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner. 

(c) DESIGN.—The process for providing access to the Motor Carrier Management 

Information System under subsection (a) shall be designed to assist the motor carrier industry in assessing an individual operator’s crash and serious safety violation 

inspection history as a preemployment condition. Use of the process shall not be 

mandatory and may only be used during the preemployment assessment of an operator-applicant. 

(d) SERIOUS OPERATOR-RELATED SAFETY VIOLATION DEFINED.—In this section, the 

term ‘‘serious operator-related violation’’ means a violation by an operator of a commercial motor vehicle (as defined in section 31102 of title 49, United States Code) 

that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected. 

SEC. 4128. INTERMODAL CHASSIS ROADABILITY RULE-MAKING. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, 

the Secretary, after providing notice and opportunity for comment, shall issue regulations establishing a program to ensure that intermodal equipment used to transport intermodal containers are safe. 

(b) MOTOR CARRIER SAFETY REGULATIONS.—The regulations under this section 

shall be issued as part of the Federal motor carrier safety regulations of the Department of Transportation. 

(c) CONTENTS.—The regulations issued under this section shall include, at a minimum— 

(1) a requirement to identify providers of intermodal equipment that is interchanged or intended for interchange to motor carriers in intermodal transportation; 

(2) a requirement to match such intermodal equipment readily to the intermodal equipment provider through a unique identifying number; 

306 

(3) a requirement to ensure that each intermodal equipment provider maintains a system of maintenance and repair records for such equipment; 

(4) a requirement to evaluate the compliance of intermodal equipment providers with the applicable Federal motor carrier safety regulations; 

(5) a provision that— 

(A) establishes a civil penalty structure consistent with section 521(b) of 

title 49, United States Code, for intermodal equipment providers that fail 

to attain satisfactory compliance with applicable Federal motor carrier safety regulations; and 

(B) prohibits intermodal equipment providers from placing intermodal 

equipment on the public highways if such providers are found to pose an 

imminent hazard; 

(6) a process by which motor carriers and agents of motor carriers may petition the Federal Motor Carrier Safety Administration to undertake an investigation of a noncompliant intermodal equipment provider; and 

(7) an inspection and audit program of intermodal equipment providers. 

(d) DEADLINE FOR RULEMAKING PROCEEDING.—The regulations under this section 

shall be issued pursuant to a rulemaking proceeding initiated not later than 90 days 

after the date of enactment of this Act. 

(e) DEFINITIONS.—In this section, the following definitions apply: 

(1) INTERMODAL EQUIPMENT.—The term ‘‘intermodal equipment’’ means equipment that is commonly used in the intermodal transportation of freight over 

public highways in interstate commerce (as defined in section 31132 of title 49, 

United States Code), including trailers, chassis, and any associated devices. 

(2) INTERMODAL EQUIPMENT PROVIDER.—The term ‘‘intermodal equipment provider’’ means any person with any legal right, title, or interest in intermodal 

equipment that interchanges such equipment to a motor carrier. 

(3) INTERCHANGE.—The term ‘‘interchange’’ means the act of providing intermodal equipment to a motor carrier for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for 

the benefit of the equipment provider. Such term does not include the leasing 

of equipment to a motor carrier for use in the motor carrier’s over-the-road 

freight hauling operations. 

(f) INSPECTION, REPAIR, AND MAINTENANCE OF INTERMODAL EQUIPMENT.—Section 

31136 of title 49, United States Code, is amended by adding at the end the following: 

‘‘(g) INSPECTION, REPAIR, AND MAINTENANCE OF INTERMODAL EQUIPMENT.—The 

Secretary, or an employee of the Department of Transportation designated by the 

Secretary, may inspect intermodal equipment, and copy related maintenance and repair records for such equipment, on demand and display of proper credentials to inspect intermodal equipment.’’. 

(g) JURISDICTION OVER EQUIPMENT PROVIDERS.—Section 31132(1) of such title is 

amended by inserting after ‘‘towed vehicle’’ the following: ‘‘(including intermodal 

equipment, including trailers, chassis and associated devices, commonly used for the 

transportation of intermodal freight via highway)’’. 

SEC. 4129. SUBSTANCE ABUSE PROFESSIONALS. 

The Secretary shall conduct a rulemaking to permit State licensed or certified 

mental health counselors or addiction specialists certified by the American Academy 

of Health Care Providers in the Addictive Disorders to act as substance abuse professionals under subpart O of part 40 of title 49, Code of Federal Regulations. 

SEC. 4130. INTERSTATE VAN OPERATIONS. 

The Federal motor carrier safety regulations (other than regulations relating to 

commercial drivers license and drug and alcohol testing requirements) shall apply 

to all interstate operations of commercial motor vehicles used to transport between 

9 and 15 passengers (including the driver), regardless of the distance traveled. 

SEC. 4131. HOURS OF SERVICE FOR OPERATORS OF UTILITY SERVICE VEHICLES. 

Section 345 of the National Highway System Designation Act of 1995 (49 U.S.C. 

31136 note; 109 Stat. 613) is amended— 

(1) in subsection (a) by striking paragraph (4) and inserting the following: 

‘‘(4) OPERATORS OF UTILITY SERVICE VEHICLES.— 

‘‘(A) INAPPLICABILITY OF FEDERAL REGULATIONS.—Such regulations shall 

not apply to a driver of a utility service vehicle. 

‘‘(B) PROHIBITION ON STATE REGULATIONS.—A State, a political subdivision of a State, an interstate agency, or other entity consisting of 2 or more 

States, shall not enact or enforce any law, rule, regulation, or standard that 

imposes requirements on a driver of a utility service vehicle that are similar to the requirements contained in such regulations.’’. 

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(2) in subsection (b) by striking ‘‘Nothing’’ and inserting ‘‘Except as provided 

in subsection (a)(4), nothing’’; and 

(3) in the first sentence of subsection (c) by striking ‘‘paragraph (2)’’ and inserting ‘‘an exemption under paragraph (2) or (4)’’. 

SEC. 4132. TECHNICAL CORRECTIONS. 

(a) INTERMODAL TRANSPORTATION ADVISORY BOARD.—Section 5502(b) of title 49, 

United States Code, is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (4); 

(2) by striking the period at the end of paragraph (5) and inserting ‘‘; and’’; 

and 

(3) by adding at the end the following: 

‘‘(6) the Federal Motor Carrier Safety Administration.’’. 

(b) REFERENCE TO AGENCY.—Section 31502(e) of such title is amended— 

(1) in paragraph (2) by striking ‘‘Regional Director of the Federal Highway 

Administration’’ and inserting ‘‘Field Administrator of the Federal Motor Carrier Safety Administration’’; and 

(2) in paragraph (3) by striking ‘‘Regional Director’’ and inserting ‘‘Field Administrator’’. 

SEC. 4133. INTRASTATE AND FOREIGN OPERATIONS OF INTERSTATE MOTOR CARRIERS. 

Section 31144(a) of title 49, United States Code, is amended to read as follows: 

‘‘(a) IN GENERAL.—The Secretary shall— 

‘‘(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident and safety inspection record of an owner or operator during operations— 

‘‘(A) in interstate commerce in the United States; 

‘‘(B) in a State that affects interstate commerce in the United States; and 

‘‘(C) in Canada or Mexico if the owner or operator also conducts operations in the United States; 

‘‘(2) periodically update such safety fitness determinations; 

‘‘(3) make such final safety fitness determinations readily available to the 

public; and 

‘‘(4) prescribe by regulation penalties for violations of this section consistent 

with section 521.’’. 

SEC. 4134. OPERATORS OF VEHICLES TRANSPORTING AGRICULTURAL COMMODITIES AND 

FARM SUPPLIES. 

(a) AGRICULTURAL EXEMPTION.—Section 345(a)(1) of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 613) is amended to 

read as follows: 

‘‘(1) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM SUPPLIES.— 

Regulations prescribed by the Secretary under sections 31136 and 31502 of title 

49, United States Code, regarding maximum driving and on-duty time for drivers used by motor carriers shall not apply during planting and harvest periods, 

as determined by each State to drivers transporting agricultural commodities or 

farm supplies for agricultural purposes in a State if such transportation is limited to an area within a 100 air mile radius from the source of the commodities 

or the distribution point for the farm supplies.’’. 

(b) DEFINITIONS.—Section 345(e) of such Act (109 Stat. 614) is amended by adding 

at the end the following: 

‘‘(7) AGRICULTURAL COMMODITY.—The term ‘agricultural commodity’ means 

products grown on and harvested from the land during the planting and harvesting seasons within each State, as determined by the State. 

‘‘(8) FARM SUPPLIES FOR AGRICULTURAL PURPOSES.—The term ‘farm supplies 

for agricultural purposes’ means products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons 

within each State, as determined by the State, and livestock feed at any time 

of the year.’’. 

SEC. 4135. HOURS OF SERVICE RULES FOR OPERATORS PROVIDING TRANSPORTATION TO 

MOVIE PRODUCTION SITES. 

Notwithstanding sections 31136 and 31502 of title 49, United States Code, and 

any other provision of law, the maximum daily hours of service for an operator of 

a commercial motor vehicle providing transportation of property or passengers to or 

from a theatrical or television motion picture production site located within a 100 

air mile radius of the work reporting location of such operator shall be those in effect under the regulations in effect under such sections on April 27, 2003. 

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SEC. 4136. SPECIAL RULE FOR FISCAL YEAR 2004. 

In any case in which an amount is authorized to be appropriated, made available, 

allocated, set aside, taken down, or subject to an obligation limitation for fiscal year 

2004 for a program, project, or activity in any provision of this title, including an 

amendment made by this title, that is different than the amount authorized to be 

appropriated, made available, allocated, set aside, taken down, or subject to an obligation limitation for fiscal year 2004 for such program, project, or activity in any 

provision of the Surface Transportation Extension Act of 2004, Part IV (Public Law 

108–280), including any amendment made by such Act, the amount referred to in 

such Act shall be the amount authorized to be appropriated, made available, allocated, set aside, taken down, or subject to an obligation limitation. 

Subtitle B—Household Goods Transportation 

SEC. 4201. FEDERAL-STATE RELATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD 

GOODS. 

(a) NONPREEMPTION OF INTRASTATE TRANSPORTATION OF HOUSEHOLD GOODS.— 

Section 14501(c)(2)(B) of title 49, United States Code, is amended by inserting 

‘‘intrastate’’ before ‘‘transportation’’. 

(b) ENFORCEMENT OF CONSUMER PROTECTION WITH RESPECT TO INTERSTATE

HOUSEHOLD GOODS CARRIERS.—Chapter 145 of such title is amended by adding at 

the end the following: 

‘‘§ 14506. Enforcement of Federal regulations by State attorneys general 

‘‘(a) IN GENERAL.—A State, as parens patriae, may bring a civil action on behalf 

of a resident of the State in an appropriate district court of the United States to 

enforce a regulation or order of the Secretary or Board— 

‘‘(1) to protect an individual shipper of household goods if such regulation or 

order governs the delivery of the shipper’s household goods; or 

‘‘(2) to impose a civil penalty under section 14915 whenever the attorney general of the State has reason to believe that the interests of the residents of the 

State have been or are being threatened or adversely affected by— 

‘‘(A) a carrier or broker providing transportation of household goods subject to jurisdiction under subchapter I or III of chapter 135 who is committing repeat violations of section 14915; or 

‘‘(B) a foreign motor carrier providing transportation of household goods 

who is registered under section 13902 and who is committing repeat violations of section 14915. 

‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed— 

‘‘(1) as preventing an attorney general from exercising the powers conferred 

on the attorney general by the laws of such State to conduct investigations or 

to administer oaths or affirmations or to compel the attendance of witnesses or 

the production of documentary and other evidence; 

‘‘(2) as prohibiting a State official from proceeding in State court to enforce 

a criminal statute of the State; 

‘‘(3) as authorizing a State or political subdivision of a State to bring an enforcement action under a consumer protection law, regulation, or other provision of the State relating to interstate transportation of household goods (as defined in section 13102(10)(A)) with respect to an activity that is inconsistent 

with Federal laws and regulations relating to interstate transportation of household goods; or 

‘‘(4) as authorizing a State, as parens patriae, to bring a class civil action on 

behalf of its residents to enforce a regulation or order of the Secretary or Board. 

‘‘(c) ACTIONS BY THE SECRETARY OR BOARD.—Whenever a civil action has been instituted by or on behalf of the Secretary or Board for violation of section 14915, no 

State may, during the pendency of such action, institute a civil action under subsection (a) against any defendant named in the complaint relating to such violation. 

‘‘(d) VENUE; SERVICE OF PROCESS.—Any civil action to be brought under subsection (a) in a district court of the United States may be brought in the district 

in which the defendant is found, is an inhabitant, or transacts business or wherever 

venue is proper under section 1391 of title 28. Process in such an action may be 

served in any district in which the defendant is an inhabitant or in which the defendant may be found.’’. 

(c) CONFORMING AMENDMENT.—The analysis for such chapter is amended by adding at the end the following: 

‘‘14506. Enforcement of Federal regulations by State attorneys general.’’. 

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SEC. 4202. ARBITRATION REQUIREMENTS. 

(a) OFFERING SHIPPERS ARBITRATION.—Section 14708(a) of title 49, United States 

Code, is amended by inserting before the period at the end the following: ‘‘and to 

determine whether carrier charges, in addition to those collected at delivery, must 

be paid by the shipper for transportation and services related to the transportation 

of household goods’’. 

(b) THRESHOLD FOR BINDING ARBITRATION.—Section 14708(b)(6) of such title is 

amended by striking ‘‘$5,000’’ each place it appears and inserting ‘‘$10,000’’. 

(c) DEADLINE FOR DECISION.—Section 14708(b)(8) of such title is amended— 

(1) by striking ‘‘and’’; and 

(2) by inserting after ‘‘for damages’’ the following: ‘‘, and an order requiring 

the payment of additional carrier charges’’. 

(d) ATTORNEY’S FEES TO SHIPPERS.—Section 14708(d)(3) of such title is amended— 

(1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), 

respectively; and 

(2) by inserting before subparagraph (B) (as so redesignated) the following: 

‘‘(A) the shipper was not advised by the carrier during the claim settlement 

process that a dispute settlement program was available to resolve the dispute;’’. 

SEC. 4203. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS AND UNAUTHORIZED TRANSPORTATION. 

Section 14901(d) of title 49, United States Code, is amended— 

(1) by striking ‘‘If a carrier’’ and inserting the following: 

‘‘(1) IN GENERAL.—If a carrier’’; and 

(2) by adding at the end the following: 

‘‘(2) ESTIMATE OF BROKER WITHOUT CARRIER AGREEMENT.—If a broker for 

transportation of household goods subject to jurisdiction under subchapter I of 

chapter 135 makes an estimate of the cost of transporting any such goods before 

entering into an agreement with a carrier to provide transportation of household goods subject to such jurisdiction, the broker is liable to the United States 

for a civil penalty of not less than $10,000 for each violation. 

‘‘(3) UNAUTHORIZED TRANSPORTATION.—If a person provides transportation of 

household goods subject to jurisdiction under subchapter I of chapter 135 or provides broker services for such transportation without being registered under 

chapter 139 to provide such transportation or services as a motor carrier or 

broker, as the case may be, such person is liable to the United States for a civil 

penalty of not less than $25,000 for each violation.’’. 

SEC. 4204. CIVIL PENALTY FOR HOLDING HOUSEHOLD GOODS HOSTAGE. 

(a) IN GENERAL.—Chapter 149 of title 49, United States Code, is amended by adding at the end the following: 

‘‘§ 14915. Holding household goods hostage 

‘‘(a) HOLDING HOUSEHOLD GOODS HOSTAGE DEFINED.—For purposes of this section, the term ‘holding household goods hostage’ means the knowing and willful refusal to relinquish possession of a shipment of household goods described in section 

13102(10)(A) upon payment of not more than 100 percent of a binding estimate (or, 

in the case of a nonbinding estimate, not more than 110 percent of the estimated 

charges for such shipment). 

‘‘(b) CIVIL PENALTY.—Whoever is found holding a household goods shipment hostage is liable to the United States for a civil penalty of not less than $10,000 for 

each violation. If such person is a carrier or broker, the Secretary may suspend for 

a period of not less than 6 months the registration of such carrier or broker under 

chapter 139.’’. 

(b) CONFORMING AMENDMENT.—The analysis for such chapter is amended by adding at the end the following: 

‘‘14915. Holding household goods hostage.’’. 

SEC. 4205. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO ENHANCE FEDERAL-STATE RELATIONS. 

(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, 

the Secretary shall establish a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials for 

the purpose of developing practices and procedures to enhance the Federal-State 

partnership in enforcement efforts, exchange of information, and coordination of enforcement efforts with respect to interstate transportation of household goods and 

of making legislative and regulatory recommendations to the Secretary concerning 

such enforcement efforts. 

310 

(b) CONSULTATION.—In carrying out subsection (a), the working group shall consult with industries involved in the transportation of household goods. 

(c) FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under 

subsection (a). 

(d) TERMINATION DATE.—The working group shall remain in effect until September 30, 2009. 

SEC. 4206. CONSUMER HANDBOOK ON DOT WEB SITE. 

Not later than 1 year after the date of enactment of this Act, the Secretary shall 

take such action as may be necessary to ensure that publication ESA 03005 of the 

Federal Motor Carrier Safety Administration entitled ‘‘Your Rights and Responsibilities When You Move’’, is prominently displayed, and available in language that is 

readily understandable by the general public, on the Web site of the Department 

of Transportation. 

SEC. 4207. RELEASE OF HOUSEHOLD GOODS BROKER INFORMATION. 

Not later than 1 year after the date of enactment of this Act, the Secretary shall 

modify the regulations contained in part 375 of title 49, Code of Federal Regulations, to require a broker that is subject to such regulations to provide shippers with 

the following information whenever they have contact with a shipper or potential 

shipper: 

(1) The Department of Transportation number of the broker. 

(2) The ESA 03005 publication referred to in section 4206 of this Act. 

(3) A list of all motor carriers providing transportation of household goods 

used by the broker and a statement that the broker is not a motor carrier providing transportation of household goods. 

SEC. 4208. CONSUMER COMPLAINT INFORMATION. 

(a) ESTABLISHMENT OF SYSTEM.—Not later than 1 year after the date of enactment of this Act, the Secretary shall— 

(1) establish a system for filing and logging consumer complaints relating to 

motor carriers providing transportation of household goods and for compiling 

complaint information gathered by the Department of Transportation and the 

States with regard to such carriers, a database of the complaints, and a procedure for the public to have access to aggregated information and for carriers to 

challenge duplicate or fraudulent information in the database; and 

(2) issue regulations requiring each motor carrier of household goods to submit on a quarterly basis a report summarizing— 

(A) the number of shipments that originate and are delivered for individual shippers during the reporting period by the carrier; 

(B) the number and general category of complaints lodged by consumers 

with the carrier; 

(C) the number of claims filed with the carrier for loss and damage in 

excess of $500; 

(D) the number of such claims resolved during the reporting period; 

(E) the number of such claims declined in the reporting period; and 

(F) the number of such claims that are pending at the close of the reporting period. 

(b) USE OF INFORMATION.—The Secretary shall consider information in the data 

base established under subsection (a) in its household goods compliance and enforcement program. 

SEC. 4209. INSURANCE REGULATIONS. 

(a) REVIEW.—Not later than 1 year after the date of enactment of this Act, the 

Secretary shall undertake a review of the current Federal regulations regarding insurance coverage provided by motor carriers providing transportation of household 

goods and revise such regulations in order to provide enhanced protection for shippers in the case of loss or damage as determined necessary. 

(b) DETERMINATIONS.—The review shall include, but not be limited to, a determination of— 

(1) whether the current regulations provide adequate protection for shippers; 

(2) whether an individual shipper should purchase insurance as opposed to 

the carrier; and 

(3) whether there are abuses of the current regulations that leave the shipper 

unprotected in loss and damage claims. 

SEC. 4210. ESTIMATING REQUIREMENTS. 

Section 14104(b)(1) of title 49, United States Code, is amended to read as follows: 

‘‘(1) REQUIRED TO BE IN WRITING.— 

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‘‘(A) IN GENERAL.—Except as otherwise provided in this subsection, every 

motor carrier providing transportation of household goods described in section 13102(10)(A) subject to jurisdiction under subchapter I of chapter 135 

shall conduct a physical survey of the household goods to be transported on 

behalf of a prospective individual shipper and shall provide the shipper 

with a written estimate of charges for the transportation and all related 

services. 

‘‘(B) WAIVER.—A shipper may elect to waive a physical survey under this 

paragraph by written agreement signed by the shipper before the shipment 

is loaded. A copy of the waiver agreement must be retained as an addendum to the bill of lading and shall be subject to the same record inspection 

and preservation requirements of the Secretary as are applicable to bills of 

lading. 

‘‘(C) ESTIMATE.— ‘‘(i) IN GENERAL.—Notwithstanding a waiver under subparagraph (B), 

a carrier’s statement of charges for transportation must be submitted 

to the shipper in writing and must indicate whether it is binding or 

nonbinding. 

‘‘(ii) BINDING.—A binding estimate under this paragraph must indicate that the carrier and shipper are bound by such charges. The carrier may impose a charge for providing a written binding estimate. 

‘‘(iii) NONBINDING.—A nonbinding estimate under this paragraph 

must indicate that the actual charges will be based upon the actual 

weight of the individual shipper’s shipment and the carrier’s lawful tariff charges. The carrier may not impose a charge for providing a nonbinding estimate.’’. 

SEC. 4211. APPLICATION OF STATE CONSUMER PROTECTION LAWS TO CERTAIN HOUSEHOLD 

GOODS CARRIERS. 

(a) STUDY.—The Comptroller General shall conduct a study on the current consumer protection authorities and actions of the Department of Transportation and 

the impact on shippers and carriers of household goods involved in interstate transportation of allowing State attorneys general to apply State consumer protection 

laws to such transportation. 

(b) MATTERS TO BE CONSIDERED.—In conducting the study, the Comptroller General shall consider, at a minimum— 

(1) the level of consumer protection being provided to consumers through Federal household goods regulations and how household goods regulations relating 

to consumer protection compare to regulations relating to consumer protection 

for other modes of transportation regulated by the Department of Transportation; 

(2) the history and background of State enforcement of State consumer protection laws on household goods carriers providing intrastate transportation and 

what effects such laws have on the ability of intrastate household goods carriers 

to operate; 

(3) what operational impacts, if any, would result on household goods carriers 

engaged in interstate commerce being subject to the State consumer protection 

laws; and 

(4) the potential for States to regulate rates or other business operations if 

State consumer protection laws applied to interstate household goods movements. 

(c) CONSULTATION.—In conducting the study, the Comptroller General shall consult with the Secretary, State attorneys general, consumer protection agencies, and 

the household goods industry. 

(d) REPORT.—Not later than 18 months after the date of enactment of this Act, 

the Comptroller General shall transmit to the Committee of Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science and Transportation of the Senate a report on the results of the study. 

SEC. 4212. APPLICABILITY TO HOUSEHOLD GOODS MOTOR CARRIERS. 

(a) IN GENERAL.—The provisions of title 49, United States Code, and this Act (including any amendments made by this Act) relating to the transportation of household goods shall only apply to household goods motor carriers. 

(b) HOUSEHOLD GOODS MOTOR CARRIER DEFINED.—In this section, the term 

‘‘household goods motor carrier’’ means a motor carrier as defined in section 

13102(12) of title 49, United States Code, which, in the ordinary course of its business of providing transportation of household goods, offers some or all of the following additional services: binding and nonbinding estimates, inventorying, protective packing and unpacking of individual items, and loading and unloading at personal residences. 

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SEC. 4213. VIOLATIONS OF OUT-OF-SERVICE ORDERS. 

Section 31310(i)(2) of title 49, United States Code, is amended by adding at the 

end the following: 

‘‘(D) an employer that knowingly and willfully allows or requires an employee 

to operate a commercial motor vehicle in violation of an out-of-service order 

shall, upon conviction, be subject for each offense to imprisonment for a term 

not to exceed one year or a fine under title 18, or both.’’. 

SEC. 4214. CRIMINAL PENALTY FOR HOLDING GOODS HOSTAGE . 

Section 14915 of title 49, United States Code, as added by section 4204 of this 

Act is amended by adding at the end the following: 

‘‘(c) CRIMINAL PENALTY.—A motor carrier that has been convicted of knowingly 

and willfully holding household goods hostage by falsifying documents or demanding 

the payment of charges for services that were not performed or were not necessary 

in the safe and adequate movement of a shipment of household goods shall be fined 

under title 18, or imprisoned not more than 2 years, or both.’’. 

TITLE V—TRANSPORTATION RESEARCH AND 

EDUCATION 

Subtitle A—Funding 

SEC. 5101. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—The following sums are authorized to be appropriated out of the 

Highway Trust Fund (other than the Mass Transit Account): 

(1) SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND DEPLOYMENT

PROGRAM.—To carry out sections 502, 503, 506, 507, 509, and 510 of title 23, 

United States Code, and sections 5207, 5210, 5211, and 5402 of this title— 

(A) $169,000,000 for fiscal year 2004; 

(B) $239,500,000 for fiscal year 2005; 

(C) $239,500,000 for fiscal year 2006; 

(D) $239,500,000 for fiscal year 2007; 

(E) $239,500,000 for fiscal year 2008; and 

(F) $239,500,000 for fiscal year 2009. 

(2) TRAINING AND EDUCATION.—To carry out section 504 of title 23, United 

States Code, and section 5211 of this Act, $24,500,000 for fiscal year 2004 and 

$33,500,000 for each of fiscal years 2005 through 2009. 

(3) BUREAU OF TRANSPORTATION STATISTICS.—For the Bureau of Transportation Statistics to carry out section 111 of title 49, United States Code, 

$31,000,000 for fiscal year 2004 and $33,000,000 for each of fiscal years 2005 

through 2009. 

(4) UNIVERSITY TRANSPORTATION RESEARCH.—To carry out sections 5505 and 

5506 of title 49, United States Code, $54,500,000 for fiscal year 2004 and 

$71,000,000 for each of fiscal years 2005 through 2009. 

(5) INTELLIGENT TRANSPORTATION SYSTEMS (ITS) RESEARCH.—To carry out subtitle F of this title, $115,000,000 for each of fiscal years 2004 through 2009. 

(6) ITS DEPLOYMENT.—To carry out sections 5208 and 5209 of the Transportation Equity Act for the 21st Century (112 Stat. 458; 112 Stat. 460), 

$100,000,000 for fiscal years 2004 and 2005. 

(b) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds authorized to be appropriated by subsection (a) shall be available for obligation in the same manner 

as if such funds were apportioned under chapter 1 of title 23, United States Code; 

except that the Federal share of the cost of a project or activity carried out using 

such funds shall be 50 percent, unless otherwise expressly provided by this Act (including the amendments made by this Act) or otherwise determined by the Secretary, and such funds shall remain available until expended and shall not be transferable. 

SEC. 5102. OBLIGATION CEILING. 

Notwithstanding any other provision of law, the total of all obligations from 

amounts made available from the Highway Trust Fund (other than the Mass Transit Account) by sections 5101(a) and 5401 of this Act shall not exceed $483,000,000 

for fiscal year 2004, $484,000,000 for fiscal year 2005, $485,000,000 for fiscal year 

2006, $485,000,000 for fiscal year 2007, $486,000,000 for fiscal year 2008, and 

$487,000,000 for fiscal year 2009. 

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SEC. 5103. FINDINGS. 

Congress finds the following: 

(1) Research and development are critical to developing and maintaining a 

transportation system that meets the goals of safety, mobility, economic vitality, 

efficiency, equity, and environmental protection. 

(2) Federally sponsored surface transportation research and development has 

produced many successes. The development of rumble strips has increased safety; research on materials has increased the lifespan of pavements, saving money 

and reducing the disruption caused by construction; and Geographic Information Systems have improved the management and efficiency of transit fleets. 

(3) Despite these important successes, the Federal surface transportation research and development investment represents less than one percent of overall 

government spending on surface transportation. 

(4) While Congress increased funding for overall transportation programs by 

about 40 percent in the Transportation Equity Act for the 21st Century, funding 

for transportation research and development remained relatively flat. 

(5) The Federal investment in research and development should be balanced 

between short-term applied and long-term fundamental research and development. The investment should also cover a wide range of research areas, including research on materials and construction, research on operations, research on 

transportation trends and human factors, and research addressing the institutional barriers to deployment of new technologies. 

(6) Therefore, Congress finds that it is in the United States interest to increase the Federal investment in transportation research and development, and 

to conduct research in critical research gaps, in order to ensure that the transportation system meets the goals of safety, mobility, economic vitality, efficiency, equity, and environmental protection. 

Subtitle B—Research, Technology, and Education 

SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION. 

(a) RESEARCH, TECHNOLOGY, AND EDUCATION.—Title 23, United States Code, is 

amended— 

(1) in the table of chapters by striking the item relating to chapter 5 and inserting the following: 

‘‘5. RESEARCH, TECHNOLOGY, AND EDUCATION ..................................................................................... 501’’. 

(2) by striking the heading for chapter 5 and inserting the following: 

‘‘CHAPTER 5—RESEARCH, TECHNOLOGY, AND EDUCATION’’. 

(b) STATEMENT OF PRINCIPLES GOVERNING RESEARCH AND TECHNOLOGY INVESTMENTS.—Section 502 of such title is amended— 

(1) by redesignating subsections (a) through (g) as subsections (b) through (h), 

respectively; and 

(2) by inserting before subsection (b) (as so redesignated) the following: 

‘‘(a) BASIC PRINCIPLES GOVERNING RESEARCH AND TECHNOLOGY INVESTMENTS.— 

‘‘(1) COVERAGE.—Surface transportation research and technology development 

shall include all activities leading to technology development and transfer, as 

well as the introduction of new and innovative ideas, practices, and approaches, 

through such mechanisms as field applications, education and training, and 

technical support. 

‘‘(2) FEDERAL RESPONSIBILITY.—Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when the work— 

‘‘(A) is of national significance; 

‘‘(B) supports research in which there is a clear public benefit and private 

sector investment is less than optimal; 

‘‘(C) supports a Federal stewardship role in assuring that State and local 

governments use national resources efficiently; or 

‘‘(D) presents the best means to support Federal policy goals compared to 

other policy alternatives. 

‘‘(3) ROLE.—Consistent with these Federal responsibilities, the Secretary 

shall— 

‘‘(A) conduct research; 

‘‘(B) support and facilitate research and technology transfer activities by 

State highway agencies; 

‘‘(C) share results of completed research; and 

314 

‘‘(D) support and facilitate technology and innovation deployment. 

‘‘(4) PROGRAM CONTENT.—A surface transportation research program shall include— 

‘‘(A) fundamental, long-term highway research; 

‘‘(B) research aimed at significant highway research gaps and emerging 

issues with national implications; and 

‘‘(C) research related to policy and planning. 

‘‘(5) STAKEHOLDER INPUT.—Federal surface transportation research and development activities shall address the needs of stakeholders. Stakeholders include 

States, metropolitan planning organizations, local governments, the private sector, researchers, research sponsors, and other affected parties, including public 

interest groups. 

‘‘(6) COMPETITION AND PEER REVIEW.—Except as otherwise provided in this 

Act, the Secretary shall award all grants, contracts, and cooperative agreements 

for research and development under this Act based on open competition and 

peer review of proposals. 

‘‘(7) PERFORMANCE REVIEW AND EVALUATION.—To the maximum extent practicable, all surface transportation research and development projects shall include a component of performance measurement and evaluation. Performance 

measures shall be established during the proposal stage of a research and development project and shall, to the maximum extent possible, be outcome-based. 

All evaluations shall be made readily available to the public.’’. 

(c) PROCUREMENT FOR RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER ACTIVITIES.—Section 502(b)(3) of such title (as redesignated by subsection (b) of this 

section) is amended to read as follows: 

‘‘(3) COOPERATION, GRANTS, AND CONTRACTS.—The Secretary may carry out research, development, and technology transfer activities related to transportation— 

‘‘(A) independently; 

‘‘(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or 

‘‘(C) by making grants to, or entering into contracts, cooperative agreements, and other transactions with one or more of the following: the National Academy of Sciences, the American Association of State Highway and 

Transportation Officials, any Federal laboratory, Federal agency, State 

agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, any other person.’’. 

(d) TRANSPORTATION POOLED FUND PROGRAM.—Section 502(b) of such title (as redesignated by subsection (b) of this section), is amended by adding at the end the 

following: 

‘‘(6) POOLED FUNDING.— 

‘‘(A) COOPERATION.—To promote effective utilization of available resources, the Secretary may cooperate with a State and an appropriate agency in funding research, development, and technology transfer activities of 

mutual interest on a pooled funds basis. 

‘‘(B) SECRETARY AS AGENT.—The Secretary may enter into contracts, cooperative agreements, grants, and other transactions as agent for all participating parties in carrying out such research, development, or technology 

transfer.’’. 

(e) OPERATIONS ELEMENTS IN RESEARCH ACTIVITIES.—Section 502 of such title is 

further amended— 

(1) in subsection (b)(1)(B) (as redesignated by subsection (b) of this section) 

by inserting ‘‘transportation system management and operations,’’ after ‘‘operation,’’. 

(2) in subsection (d)(5)(C) (as redesignated by subsection (b) of this section) 

by inserting ‘‘system management and’’ after ‘‘transportation’’; and 

(3) by inserting at the end of subsection (d) (as redesignated by subsection (b) 

of this section) the following: 

‘‘(12) Investigation and development of various operational methodologies to 

reduce the occurrence and impact of recurrent congestion and nonrecurrent congestion and increase transportation system reliability. 

‘‘(13) Investigation of processes, procedures, and technologies to secure container and hazardous material transport, including the evaluation of regulations 

and the impact of good security practices on commerce and productivity. 

‘‘(14) Research, development, and technology transfer related to asset management.’’. 

(f) FACILITATING TRANSPORTATION RESEARCH AND TECHNOLOGY DEPLOYMENT

PARTNERSHIPS.—Section 502(c)(2) of such title (as redesignated by subsection (b) of 

this section) is amended to read as follows: 

315 

‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND AGREEMENTS.—Notwithstanding 

any other provision of law, the Secretary may directly initiate contracts, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and other 

transactions to fund, and accept funds from, the Transportation Research Board 

of the National Research Council of the National Academy of Sciences, State departments of transportation, cities, counties, and their agents to conduct joint 

transportation research and technology efforts.’’. 

(g) EXPLORATORY ADVANCED RESEARCH PROGRAM.—Section 502(e) of such title (as 

redesignated by subsection (b) of this section) is amended to read as follows: 

‘‘(e) EXPLORATORY ADVANCED RESEARCH.— ‘‘(1) IN GENERAL.—The Secretary shall establish an exploratory advanced research program, consistent with the surface transportation research and technology development strategic plan developed under section 508 that involves 

and draws upon basic research results to provide a better understanding of 

problems and develop innovative solutions. In carrying out the program, the 

Secretary shall strive to develop partnerships with public and private sector entities. 

‘‘(2) RESEARCH AREAS.—In carrying out the program, the Secretary may make 

grants and enter into cooperative agreements and contracts in such areas of 

surface transportation research and technology as the Secretary determines appropriate, including the following: 

‘‘(A) Characterization of materials used in highway infrastructure, including analytical techniques, microstructure modeling, and the deterioration 

processes. 

‘‘(B) Assessment of the effects of transportation decisions on human 

health. 

‘‘(C) Development of surrogate measures of safety. 

‘‘(D) Environmental research. 

‘‘(E) Data acquisition techniques for system condition and performance 

monitoring. 

‘‘(F) System performance data and information processing needed to assess the day-to-day operational performance of the system in support of 

hour-to-hour operational decisionmaking.’’. 

(h) LONG-TERM PAVEMENT PERFORMANCE PROGRAM.— 

(1) IN GENERAL.—Section 502(f) of such title (as redesignated by subsection 

(b) of this section) is amended to read as follows: 

‘‘(f) LONG-TERM PAVEMENT PERFORMANCE PROGRAM.— 

‘‘(1) AUTHORITY.—The Secretary shall complete the 20-year long-term pavement performance program tests initiated under the strategic highway research 

program established under section 307(d) (as in effect on June 8, 1998). 

‘‘(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 under subparagraph (A); and 

‘‘(C) prepare products to fulfill program objectives and meet future pavement technology needs.’’. 

(2) FUNDING.—Of the amounts made available by section 5101(a)(1) of this 

Act, $10,000,000 for fiscal year 2004 and $21,000,000 for each of fiscal years 

2005 through 2009 shall be available to carry out section 502(f) of title 23, 

United States Code. 

(i) TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.—Section 502 of title 23, 

United States Code, is further amended by adding at the end the following: 

‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.— 

‘‘(1) IN GENERAL.—The Secretary shall operate in the Federal Highway Administration a Turner-Fairbank Highway Research Center. 

‘‘(2) USES OF THE CENTER.—The Turner-Fairbank Highway Research Center 

shall support— 

‘‘(A) the conduct of highway research and development related to new 

highway technology; 

‘‘(B) the development of understandings, tools, and techniques that provide solutions to complex technical problems through the development of economical and environmentally sensitive designs, efficient and quality-controlled construction practices, and durable materials; and 

‘‘(C) the development of innovative highway products and practices.’’. 

(j) UNIVERSITY FUNDING.—Except as otherwise provided in this title and any 

amendments made by this title, the Secretary may not provide financial assistance 

316 

to a university under section 5101 unless the university is selected to receive such 

funds through a competitive process that incorporates merit-based peer review and 

the selection is based on a proposal submitted to the Secretary by the university 

in response to a request for proposals issued by the Secretary. 

SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM; INNOVATIVE BRIDGE RESEARCH 

AND DEPLOYMENT PROGRAM. 

(a) LONG-TERM BRIDGE PERFORMANCE PROGRAM.— 

(1) IN GENERAL.—Section 502 of title 23, United States Code, is further 

amended by adding at the end the following: 

‘‘(j) LONG-TERM BRIDGE PERFORMANCE PROGRAM.— 

‘‘(1) AUTHORITY.—The Secretary shall establish a 20-year long-term bridge 

performance program. 

‘‘(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 test bridges; 

‘‘(B) analyze the data obtained under subparagraph (A); and 

‘‘(C) prepare products to fulfill program objectives and meet future bridge 

technology needs.’’. 

(2) FUNDING.—Of the amounts made available by section 5101(a)(1) of this 

Act, $5,000,000 for fiscal year 2004 and $15,000,000 for each of fiscal years 2005 

through 2009 shall be available to carry out section 502(j) of title 23, United 

States Code. 

(b) INNOVATIVE BRIDGE RESEARCH AND DEPLOYMENT PROGRAM.— 

(1) IN GENERAL.—Section 503(b)(1) of such title is amended to read as follows: 

‘‘(1) IN GENERAL.—The Secretary shall establish and carry out a program to 

promote, demonstrate, evaluate, and document the application of innovative designs, materials, and construction methods in the construction, repair, and rehabilitation of bridges and other highway structures.’’. 

(2) GOALS.—Section 503(b)(2) of such title is amended to read as follows: 

‘‘(2) GOALS.—The goals of the program shall include— 

‘‘(A) the development of new, cost-effective, innovative highway bridge applications; 

‘‘(B) the development of construction techniques to increase safety and reduce construction time and traffic congestion; 

‘‘(C) the development of engineering design criteria for innovative products, materials, and structural systems for use in highway bridges and 

structures; 

‘‘(D) the reduction of maintenance costs and life-cycle costs of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges; 

‘‘(E) the development of highway bridges and structures that will withstand natural disasters; 

‘‘(F) the documentation and wide dissemination of objective evaluations of 

the performance and benefits of these innovative designs, materials, and 

construction methods; 

‘‘(G) the effective transfer of resulting information and technology; and 

‘‘(H) the development of improved methods to detect bridge scour and economical bridge foundation designs that will withstand bridge scour.’’. 

(3) FUNDING.— 

(A) IN GENERAL.—Of the amounts made available by section 5101(a)(1) of 

this Act, $20,000,000 for each of fiscal years 2004 through 2009 shall be 

available to carry out section 503(b) of title 23, United States Code; and 

(B) HIGH PERFORMANCE CONCRETE BRIDGE TECHNOLOGY RESEARCH AND

DEPLOYMENT.—The Secretary shall obligate $2,000,000 of the amount described in subparagraph (A) for each of fiscal years 2004 through 2009 to 

conduct research and deploy technology related to high-performance concrete bridges. 

SEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING COOPERATIVE RESEARCH PROGRAM. 

(a) IN GENERAL.—Section 507 of title 23, United States Code, is amended to read 

as follows: 

‘‘§ 507. Surface Transportation environment and planning cooperative research program 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish and carry out a collaborative, 

public-private surface transportation environment and planning cooperative research program. 

317 

‘‘(b) AGREEMENT.—The Secretary shall enter into an agreement with the National 

Academy of Sciences to carry out administrative and management activities relating 

to the governance of the surface transportation environment and planning cooperative research program. 

‘‘(c) ADVISORY COMMITTEE.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish a committee that will be 

responsible for program oversight and project selection. 

‘‘(2) MEMBERSHIP.—The members of the committee shall be appointed by the 

Secretary and shall be composed of— 

‘‘(A) representatives of State, regional, and local transportation agencies, 

including transit agencies; 

‘‘(B) representatives of State environmental agencies and other environmental organizations; 

‘‘(C) representatives of the transportation private sector; 

‘‘(D) transportation and environmental scientists and engineers; and 

‘‘(E) representatives of the Federal Highway Administration, Federal 

Transit Administration, Environmental Protection Agency, United States 

Fish and Wildlife Service, Corps of Engineers, American Association of 

State Highway and Transportation Officials, and American Public Transportation Association, who shall serve in an ex officio capacity. 

‘‘(3) BALANCE.—The majority of the committee’s voting members shall be representatives of government transportation agencies. 

‘‘(4) MEETINGS.—The National Academy of Sciences shall convene meetings of 

the committee. 

‘‘(d) GOVERNANCE.—The program established under this section shall include the 

following administrative and management elements: 

‘‘(1) NATIONAL RESEARCH AGENDA.—The advisory committee, in consultation 

with interested parties, shall carry out and periodically update research and development called for in the Transportation Research Board Special Report 268, 

entitled ‘Surface Transportation Environmental Research: A Long-Term Strategy’ and published in 2002, as described in subsection (e). The national research 

agenda shall include a multiyear strategic plan. 

‘‘(2) INVOLVEMENT.—Interested parties may— 

‘‘(A) submit research proposals; 

‘‘(B) participate in merit reviews of research proposals and peer reviews 

of research products; and 

‘‘(C) receive research results. 

‘‘(3) OPEN COMPETITION AND PEER REVIEW OF RESEARCH PROPOSALS.—The National Academy of Sciences may award under the program research contracts 

and grants through open competition and merit review conducted on a regular 

basis. 

‘‘(4) EVALUATION OF RESEARCH.— 

‘‘(A) PEER REVIEW.—Research contracts and grants may allow peer review 

of the research results. 

‘‘(B) PROGRAMMATIC EVALUATIONS.—The National Academy of Sciences 

may conduct periodic programmatic evaluations on a regular basis. 

‘‘(5) DISSEMINATION OF RESEARCH FINDINGS.—The National Academy of 

Sciences shall disseminate research findings to researchers, practitioners, and 

decisionmakers, through conferences and seminars, field demonstrations, workshops, training programs, presentations, testimony to government officials, 

World Wide Web, and publications for the general public. 

‘‘(e) CONTENTS.—The national research agenda for the program required under 

subsection (d)(1) shall include research in the following areas for the purposes described: 

‘‘(1) HUMAN HEALTH.—Human health to establish the links between transportation activities and human health; substantiate the linkages between exposure 

to concentration levels, emissions, and health impacts; examine the potential 

health impacts from the implementation and operation of transportation infrastructure and services; develop strategies for avoidance and reduction of these 

impacts; and develop strategies to understand the economic value of health improvements and for incorporating health considerations into valuation methods. 

‘‘(2) ECOLOGY AND NATURAL SYSTEMS.—Ecology and natural systems to measure transportation’s short- and long-term impact on natural systems; develop 

ecologically based performance measures; develop insight into both the spatial 

and temporal issues associated with transportation and natural systems; study 

the relationship between highway density and ecosystem integrity, including 

the impacts of highway density on habitat integrity and overall ecosystem 

health; develop a rapid assessment methodology for use by transportation and 

regulatory agencies in determining the relationship between highway density 

318 

and ecosystem integrity; and develop ecologically based performance techniques 

to evaluate the success of highway project mitigation and enhancement measures. ‘‘(3) ENVIRONMENTAL AND SOCIOECONOMIC RELATIONSHIPS.—Environmental 

and socioeconomic relationships to understand differences in mobility, access, 

travel behavior, and travel preferences across socioeconomic groups; develop improved planning approaches that better reflect and respond to community 

needs; improve evaluation methods for examining the incidence of benefits and 

costs; examine the differential impacts of current methods of finance and explore alternatives; understand the socioeconomic implications of emerging land 

development patterns and new transportation technologies; develop cost-effective applications of technology that improve the equity of the transport system; 

and develop improved methods for community involvement, collaborative planning, and conflict resolution. 

‘‘(4) EMERGING TECHNOLOGIES.—Emerging technologies to assist in the transition to environmentally benign fuels and vehicles for passengers and freight; develop responses to and demand for new technologies that could offer improved 

environmental performance; identify possible applications of intelligent transportation systems technologies for environmental benefit; develop policy instruments that would encourage the development of beneficial new technologies in 

a cost-effective manner; and respond to the impact of new technologies. 

‘‘(5) LAND USE.—Land use to assess land consumption trends and contributing 

factors of transportation investment, housing policies, school quality, and consumer preferences; incorporate impacts of transportation investments on location decision and land use; identify the costs and benefits of current development patterns and their transportation implications; determine the effect of the 

built environment on people’s willingness to walk, drive, or take public transportation; determine the roles of public policy and institutional arrangements 

in current and prospective land use and transportation choices; and develop improved data, methods, and processes for considering land use, transportation, 

and the environment in an integrated, systematic fashion. 

‘‘(6) PLANNING AND PERFORMANCE MEASURES.—Planning and performance 

measures to improve understanding of travel needs and preferences; improve 

planning methods for system analysis, forecasting, and decisionmaking; expand 

information on consumer choice processes and travel and activity patterns for 

both local and long-distance trips and both passenger and freight transportation 

analysis of social, environmental, and economic benefits and cost of various 

transport options; develop tools for measuring and forecasting complex transportation decisions for all modes and users; and develop performance measures and 

policy analysis approaches that can be used to determine effectiveness. 

‘‘(7) OTHER RESEARCH AREAS.—Other research areas to identify and address 

the emerging and future surface transportation research needs related to planning and environment. 

‘‘(f) FEDERAL SHARE.—The Federal share of the cost of an activity carried out 

under this section shall be up to 100 percent, and such funds shall remain available 

until expended. 

‘‘(g) USE OF NON-FEDERAL FUNDS.—In addition to using funds authorized to be 

appropriated to carry out this section, the National Academy of Sciences may seek 

and accept additional funding sources to carry out this section from public and private entities capable of attracting and accepting funding from the Department of 

Transportation, Environmental Protection Agency, Department of Energy, United 

States Fish and Wildlife Service, and other Federal environmental agencies, States, 

local governments, nonprofit foundations, and the private sector.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of such title is amended by striking the item relating to section 507 and inserting the following: 

‘‘507. Surface transportation environment and planning cooperative research program.’’. 

(c) FUNDING.—Of the amounts made available by section 5101(a)(1) of this Act, 

$5,000,000 for fiscal year 2004 and $15,000,000 for each of fiscal years 2005 through 

2009 shall be available to carry out section 507 of title 23, United States Code. 

SEC. 5204. TECHNOLOGY DEPLOYMENT. 

(a) TECHNOLOGY DEPLOYMENT PROGRAM.—Section 503(a) of title 23, United States 

Code, is amended— 

(1) in the subsection heading by striking ‘‘INITIATIVES AND PARTNERSHIPS’’; 

(2) by striking paragraph (1) and inserting the following: 

‘‘(1) ESTABLISHMENT.—The Secretary shall develop and administer a national 

technology deployment program.’’; 

(3) by striking paragraph (7) and inserting the following: 

‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.— 

319 

‘‘(A) IN GENERAL.—Under the program, the Secretary shall make grants 

to, and enter into cooperative agreements and contracts with, 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 activities concerning innovative materials. 

‘‘(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 an application based on whether the project that is the subject of the grant meets the 

purpose of the program described in paragraph (2).’’; and 

(4) by striking paragraph (8) and inserting the following: 

‘‘(8) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall ensure 

that the information and technology resulting from research conducted under 

paragraph (7) is made available to State and local transportation departments 

and other interested parties as specified by the Secretary.’’. 

(b) INNOVATIVE PAVEMENT RESEARCH AND DEPLOYMENT PROGRAM.— (1) IN GENERAL.—Section 503 of such title is further amended by adding at 

the end the following: 

‘‘(c) INNOVATIVE PAVEMENT RESEARCH AND DEPLOYMENT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall establish and implement a program to 

promote, demonstrate, support, and document the application of innovative 

pavement technologies, practices, performance, and benefits. 

‘‘(2) GOALS.—The goals of the innovative pavement research and deployment 

program shall include— 

‘‘(A) the deployment of new, cost-effective, innovative designs, materials, 

recycled materials (including taconite tailings and foundry sand), and practices to extend pavement life and performance and to improve customer satisfaction; 

‘‘(B) the reduction of initial costs and life-cycle costs of pavements, including the costs of new construction, replacement, maintenance, and rehabilitation; 

‘‘(C) the deployment of accelerated construction techniques to increase 

safety and reduce construction time and traffic disruption and congestion; 

‘‘(D) the deployment of engineering design criteria and specifications for 

innovative practices, products, and materials for use in highway pavements; 

‘‘(E) the deployment of new nondestructive and real-time pavement evaluation technologies and techniques; 

‘‘(F) the evaluation, refinement, and documentation of the performance 

and benefits of innovative technologies deployed to improve life, performance, cost effectiveness, safety, and customer satisfaction; 

‘‘(G) effective technology transfer and information dissemination to accelerate implementation of innovative technologies and to improve life, performance, cost effectiveness, safety, and customer satisfaction; and 

‘‘(H) the development of designs and materials to reduce storm water runoff. 

‘‘(3) RESEARCH TO IMPROVE NHS PAVEMENT.—The Secretary shall obligate not 

less than $2,000,000 for fiscal year 2004 and $6,000,000 for each of fiscal years 

2005 through 2009 from funds made available to carry out this subsection to 

conduct research to improve asphalt pavement, concrete pavement, and aggregates used in highways on the National Highway System.’’. 

(2) FUNDING.—Of the amounts made available by section 5101(a)(1) of this 

Act, $5,000,000 for fiscal year 2004 and $15,000,000 for each of fiscal years 2005 

through 2009 shall be available to carry out section 503(c) of title 23, United 

States Code. 

(c) SAFETY INNOVATION DEPLOYMENT PROGRAM.— 

(1) IN GENERAL.—Section 503 of such title is further amended by adding the 

following: 

‘‘(d) SAFETY INNOVATION DEPLOYMENT PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall establish and implement a program to 

demonstrate the application of innovative technologies in highway safety. 

‘‘(2) GOALS.—The goals of the program shall include— 

‘‘(A) the deployment and evaluation of safety technologies and innovations 

at State and local levels; and 

‘‘(B) the deployment of best practices in training, management, design, 

and planning. 

‘‘(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, States, other 

320 

Federal agencies, universities and colleges, private sector entities, and nonprofit organizations for research, development, and technology transfer for 

innovative safety technologies. 

‘‘(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 application 

meets the goals of the program described in paragraph (2). 

‘‘(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.’’. 

(2) FUNDING.—Of the amounts made available by section 5101(a)(1) of this 

Act, $5,000,000 for fiscal year 2004 and $15,000,000 for each of fiscal years 2005 

through 2009 shall be available to carry out section 503(d) of title 23, United 

States Code. 

(d) AUTHORITY TO PURCHASE PROMOTIONAL ITEMS.—Section 503 of such title is 

further amended by adding at the end the following: 

‘‘(e) PROMOTIONAL AUTHORITY.—Funds authorized to be appropriated for necessary expenses for administration and operation of the Federal Highway Administration shall be available to purchase promotional items of nominal value for use 

in the recruitment of individuals and to promote the programs of the Federal Highway Administration.’’. 

(e) WOOD COMPOSITE MATERIALS DEMONSTRATION PROJECT.— 

(1) FUNDING.—Of the funds made available to carry out section 5101(a)(1), 

$1,000,000 shall be made available by the Secretary for each of fiscal years 2005 

and 2006 for conducting a demonstration of the durability and potential effectiveness of wood composite materials in multimodal transportation facilities. 

(2) FEDERAL SHARE.—The Federal share of the cost of the demonstration 

under paragraph (1) shall be 100 percent. 

SEC. 5205. TRAINING AND EDUCATION. 

(a) NATIONAL HIGHWAY INSTITUTE.— 

(1) IN GENERAL.—Section 504(a)(3) of title 23, United States Code, is amended 

to read as follows: 

‘‘(3) COURSES.—The Institute may develop and administer courses in modern 

developments, techniques, methods, regulations, management, and procedures 

in areas, including surface transportation, environmental mitigation, compliance, stewardship, and streamlining, acquisition of rights-of-way, relocation assistance, engineering, safety, transportation system management and operations, construction, maintenance, contract administration, inspection, and 

highway finance.’’. 

(2) FUNDING.—Of the amounts made available by section 5101(a)(2) of this 

Act, $8,000,000 for fiscal year 2004 and $8,500,000 for each of fiscal years 2005 

through 2009 shall be available to carry out section 504(a) of title 23, United 

States Code. 

(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.— 

(1) IN GENERAL.—Section 504(b) of such title is amended by adding at the end 

the following: 

‘‘(3) FEDERAL SHARE.— 

‘‘(A) GRANTS.—A grant under this subsection may be used to pay up to 

50 percent of local technical assistance program costs. Funds available for 

technology transfer and training purposes under this title and title 49 may 

be used to cover the remaining 50 percent of the program costs. 

‘‘(B) TRIBAL TECHNICAL ASSISTANCE CENTERS.—The Federal share of the 

cost of activities carried out by the tribal technical assistance centers under 

paragraph (2)(D)(ii) shall be 100 percent.’’. 

(2) FUNDING.—Of the amounts made available by section 5101(a)(2) of this 

Act, $12,000,000 for fiscal year 2004 and $14,000,000 for each of fiscal years 

2005 through 2009 shall be available to carry out section 504(b) of title 23, 

United States Code. 

(c) EISENHOWER TRANSPORTATION FELLOWSHIP PROGRAM.—Of the amounts made 

available by section 5101(a)(2) of this Act, $2,000,000 for fiscal year 2004 and 

$2,500,000 for each of fiscal years 2005 through 2009 shall be available to carry out 

section 504(c)(2) of title 23, United States Code. 

(d) GARRETT A. MORGAN TECHNOLOGY AND TRANSPORTATION EDUCATION PROGRAM.— 

321 

(1) IN GENERAL.—Section 504 of title 23, United States Code, is further 

amended by adding at the end the following new subsection: 

‘‘(d) GARRETT A. MORGAN TECHNOLOGY AND TRANSPORTATION EDUCATION PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall establish the Garrett A. Morgan Technology and Transportation Education Program to improve the preparation of 

students, particularly women and minorities, in science, technology, engineering, and mathematics through curriculum development and other activities related to transportation. 

‘‘(2) AUTHORIZED ACTIVITIES.—The Secretary shall award grants under this 

subsection on the basis of competitive, peer review. Grants awarded under this 

subsection may be used for enhancing science, technology, engineering, and 

mathematics at the elementary and secondary school level through such means 

as— 

‘‘(A) internships that offer students experience in the transportation field; 

‘‘(B) programs that allow students to spend time observing scientists and 

engineers in the transportation field; and 

‘‘(C) developing relevant curriculum that uses examples and problems related to transportation. 

‘‘(3) APPLICATION AND REVIEW PROCEDURES.— 

‘‘(A) IN GENERAL.—An entity described in subparagraph (C) seeking funding under this subsection shall submit an application to the Secretary at 

such time, in such manner, and containing such information as the Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used and a description of how the funds 

will be used to serve the purposes described in paragraph (2). 

‘‘(B) PRIORITY.—In making awards under this subsection, the Secretary 

shall give priority to applicants that will encourage the participation of 

women and minorities. 

‘‘(C) ELIGIBILITY.—Local education agencies and State education agencies, 

which may partner with institutions of higher education, businesses, or 

other entities, shall be eligible to apply for grants under this subsection. 

‘‘(4) DEFINITIONS.—For purposes of this subsection— 

‘‘(A) the term ‘institution of higher education’ has the meaning given that 

term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); 

‘‘(B) the term ‘local educational agency’ has the meaning given that term 

in section 9101 of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801); and 

‘‘(C) the term ‘State educational agency’ has the meaning given that term 

in section 9101 of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801).’’. 

(2) FUNDING.—Of the amounts made available by section 5101(a)(2) of this 

Act, $500,000 for 2004 and $1,000,000 for each of fiscal years 2005 through 

2009 shall be available to carry out section 504(d) of title 23, United States 

Code. 

(e) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.—Section 504 of such title is further amended by adding at the end the following: 

‘‘(e) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.— 

‘‘(1) FUNDING.—Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under sections 104(b)(1), 104(b)(2), 

104(b)(3), 104(b)(4), and 144(e) for surface transportation workforce development, training and education, including— 

‘‘(A) tuition and direct educational expenses, excluding salaries, in connection with the education and training of employees of State and local 

transportation agencies; 

‘‘(B) employee professional development; 

‘‘(C) student internships; 

‘‘(D) university or community college support; and 

‘‘(E) education activities, including outreach, to develop interest and promote participation in surface transportation careers. 

‘‘(2) FEDERAL SHARE.—The Federal share of the cost of activities carried out 

in accordance with this subsection shall be 100 percent. 

‘‘(3) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND

EDUCATION DEFINED.—In this subsection, the term ‘surface transportation workforce development, training, and education’ means activities associated with 

surface transportation career awareness, student transportation career preparaVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00323 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
322 

tion, and training and professional development for surface transportation 

workers, including activities for women and minorities.’’. 

(f) TRANSPORTATION EDUCATION DEVELOPMENT PILOT PROGRAM.—Section 504 of 

such title is further amended by inserting after subsection (e) the following: 

‘‘(f) TRANSPORTATION EDUCATION DEVELOPMENT PILOT PROGRAM.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish a program to make 

grants to institutions of higher education that in partnership with industry or 

State Departments of Transportation will develop, test, and revise new curricula and education programs to train individuals at all levels of the transportation workforce. 

‘‘(2) SELECTION OF GRANT RECIPIENTS.—In selecting applications for awards 

under this subsection, the Secretary shall consider— 

‘‘(A) the degree to which the new curricula or education program meets 

the specific needs of a segment of the transportation industry, States, or regions; 

‘‘(B) providing for practical experience and on-the-job training; 

‘‘(C) proposals oriented toward practitioners in the field rather than the 

support and growth of the research community; 

‘‘(D) the degree to which the new curricula or program will provide training in areas other than engineering, such as business administration, economics, information technology, environmental science, and law; 

‘‘(E) programs or curricula in nontraditional departments which train professionals for work in the transportation field, such as materials, information technology, environmental science, urban planning, and industrial 

technology; and 

‘‘(F) industry or a State’s Department of Transportation commitment to 

the program. 

‘‘(3) FUNDING.—Of the amounts made available by section 5101(a)(2) of this 

Act, $1,500,000 for each of fiscal years 2005 through 2009 shall be available to 

carry out this subsection. 

‘‘(4) LIMITATIONS.—The amount of a grant under this subsection shall not exceed $250,000 per year. After a recipient has received 3 years of Federal funding under this subsection, Federal funding may equal no more than 75 percent 

of a grantee’s program costs.’’. 

(g) DEFINITIONS AND DECLARATION OF POLICY.—Section 101(a)(3) of such title is 

amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (G); 

(2) by striking the period at the end of subparagraph (H) and inserting ‘‘; 

and’’; and 

(3) by adding at the end the following: 

‘‘(I) surface transportation workforce development, training, and education.’’. 

(h) TRANSPORTATION TECHNOLOGY INNOVATIONS.— 

(1) FUNDAMENTAL PROPERTIES OF ASPHALTS AND MODIFIED ASPHALTS.—The 

Secretary shall continue to carry out section 5117(b)(5) of the Transportation 

Equity Act for the 21st Century (112 Stat. 450). 

(2) TRANSPORTATION, ECONOMIC, AND LAND USE SYSTEM.—The Secretary shall 

continue to carry out section 5117(b)(7) of the Transportation Equity Act for the 

21st Century (112 Stat. 450). 

(3) FUNDING.—Of the amounts made available for each of fiscal years 2004 

through 2009 by section 5101(a)(1) of this Act, $3,000,000 shall be available to 

carry out paragraph (1) and $1,000,000 shall be available to carry out paragraph (2). 

(4) USE OF RIGHTS-OF-WAY.—Section 5117(b)(3) of the Transportation Equity 

Act for the 21st Century (112 Stat. 449; 112 Stat. 864; 115 Stat. 2330) is 

amended— 

(A) by redesignating subparagraphs (E) through (G) as subparagraphs (F) 

through (H), respectively; and 

(B) by inserting after subparagraph (D) the following: 

‘‘(E) USE OF RIGHTS-OF-WAY.— 

‘‘(i) IN GENERAL.—An intelligent transportation system project described in paragraph (3), and an intelligent transportation system 

project described in paragraph (6), that involves privately owned intelligent transportation system components and is carried out using funds 

made available from the Highway Trust Fund (other than the Mass 

Transit Account) 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 funds from the 

Highway Trust Fund (other than the Mass Transit Account) have been 

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used for planning, design, construction, or maintenance if the Secretary 

determines that such use is in the public interest. 

‘‘(ii) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this subparagraph shall be construed to affect the authority of a State, or political subdivision of a State, to regulate highway safety.’’. 

SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING. 

(a) IN GENERAL.—Section 504 of title 23, United States Code, is further amended 

by adding at the end the following: 

‘‘(g) FREIGHT CAPACITY BUILDING PROGRAM.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish a freight planning capacity building initiative to support enhancements in freight transportation planning in order to— 

‘‘(A) better target investments in freight transportation systems to maintain efficiency and productivity; and 

‘‘(B) strengthen the decisionmaking capacity of State transportation departments and local transportation agencies with respect to freight transportation planning and systems. 

‘‘(2) AGREEMENTS.—The Secretary shall enter into agreements to support and 

carry out administrative and management activities relating to the governance 

of the freight planning capacity initiative. 

‘‘(3) STAKEHOLDER INVOLVEMENT.—In carrying out this section, the Secretary 

shall consult with the Association of Metropolitan Planning Organizations, the 

American Association of State Highway and Transportation Officials, and other 

freight planning stakeholders, including the other Federal agencies, State transportation departments, local governments, nonprofit entities, academia, and the 

private sector. 

‘‘(4) ELIGIBLE ACTIVITIES.—The freight planning capacity building initiative 

shall include research, training, and education in the following areas: 

‘‘(A) The identification and dissemination of best practices in freight 

transportation. 

‘‘(B) Providing opportunities for freight transportation staff to engage in 

peer exchange. 

‘‘(C) Refinement of data and analysis tools used in conjunction with assessing freight transportation needs. 

‘‘(D) Technical assistance to State transportation departments and local 

transportation agencies reorganizing to address freight transportation 

issues. 

‘‘(E) Facilitating relationship building between governmental and private 

entities involved in freight transportation. 

‘‘(F) Identifying ways to target the capacity of State transportation departments and local transportation agencies to address freight considerations in operations, security, asset management, and environmental excellence in connection with long-range multimodal transportation planning 

and project implementation. 

‘‘(5) FUNDING.— 

‘‘(A) FEDERAL SHARE.—The Federal share of the cost of an activity carried 

out under this section shall be up to 100 percent, and such funds shall remain available until expended. 

‘‘(B) USE OF NON-FEDERAL FUNDS.—Funds made available for the program 

established under this subsection may be used for research, program development, information collection and dissemination, and technical assistance. 

The Secretary may use such funds independently or 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, to carry out the 

purposes of this subsection.’’. 

(b) FUNDING.—Of the amounts made available by section 5101(a)(2) of this Act, 

$1,500,000 for fiscal year 2004 and $5,000,000 for each of fiscal years 2005 through 

2009 shall be available to carry out section 504(f) of title 23, United States Code. 

SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM. 

(a) CONTINUATION AND ACCELERATION OF TRANSIMS DEPLOYMENT.—The Secretary shall accelerate the deployment of the advanced transportation model known 

as the ‘‘Transportation Analysis Simulation System’’ (in this section referred to as 

‘‘TRANSIMS’’), developed by the Los Alamos National Laboratory. The program 

shall assist State departments of transportation and metropolitan planning organizations in the implementation of TRANSIMS, develop methods for TRANSIMS applications to transportation planning and air quality analysis, and provide training 

324 

and technical assistance for the implementation of TRANSIMS. The program may 

support the development of methods to plan for the transportation response to 

chemical and biological terrorism and other security concerns. 

(b) ELIGIBLE ACTIVITIES.—The Secretary shall use funds made available by section 

5101(a)(1) to— 

(1) provide funding to State departments of transportation and metropolitan 

planning organizations serving transportation management areas designated 

under chapter 52 of title 49, United States Code, representing a diversity of 

populations, geographic regions, and analytic needs to implement TRANSIMS; 

(2) develop methods to demonstrate a wide spectrum of TRANSIMS applications to support metropolitan and statewide transportation planning, including 

integrating highway and transit operational considerations into the transportation Planning process; and 

(3) 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. 

(c) ALLOCATION OF FUNDS.—Not more than 75 percent of the funds made available 

to carry out this section may be allocated to activities described in subsection (b)(1). 

(d) FUNDING.—Of the amounts made available by section 5101(a)(1) of this Act, 

$1,000,000 for fiscal year 2004 and $3,000,000 for each of fiscal years 2005 through 

2009 shall be available to carry out this section. 

SEC. 5208. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH PROGRAM. 

(a) IN GENERAL.—Chapter 5 of title 23, United States Code, is further amended 

by adding at the end the following: 

‘‘§ 509. National cooperative freight Transportation research program 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish and support a national cooperative freight transportation research program. 

‘‘(b) AGREEMENT.—The Secretary shall enter into an agreement with the National 

Academy of Sciences to support and carry out administrative and management activities relating to the governance of the national cooperative freight transportation 

research program. 

‘‘(c) ADVISORY COMMITTEE.—The National Academy of Sciences shall select an advisory committee consisting of a representative cross-section of freight stakeholders, 

including the Department of Transportation, other Federal agencies, State transportation departments, local governments, nonprofit entities, academia, and the private 

sector. 

‘‘(d) GOVERNANCE.—The national cooperative freight transportation research program established under this section shall include the following administrative and 

management elements: 

‘‘(1) NATIONAL RESEARCH AGENDA.—The advisory committee, in consultation 

with interested parties, shall recommend a national research agenda for the 

program. The agenda shall include a multiyear strategic plan. 

‘‘(2) INVOLVEMENT.—Interested parties may— 

‘‘(A) submit research proposals to the advisory committee; 

‘‘(B) participate in merit reviews of research proposals and peer reviews 

of research products; and 

‘‘(C) receive research results. 

‘‘(3) OPEN COMPETITION AND PEER REVIEW OF RESEARCH PROPOSALS.—The National Academy of Sciences may award research contracts and grants under the 

program through open competition and merit review conducted on a regular 

basis. 

‘‘(4) EVALUATION OF RESEARCH.— 

‘‘(A) PEER REVIEW.—Research contracts and grants under the program 

may allow peer review of the research results. 

‘‘(B) PROGRAMMATIC EVALUATIONS.—The National Academy of Sciences 

may conduct periodic programmatic evaluations on a regular basis of research contracts and grants. 

‘‘(5) DISSEMINATION OF RESEARCH FINDINGS.—The National Academy of 

Sciences shall disseminate research findings to researchers, practitioners, and 

decisionmakers, through conferences and seminars, field demonstrations, workshops, training programs, presentations, testimony to government officials, 

World Wide Web, publications for the general public, and other appropriate 

means. 

‘‘(e) CONTENTS.—The national research agenda required under subsection (d)(1) 

shall include research in the following areas: 

‘‘(1) Techniques for estimating and quantifying public benefits derived from 

freight transportation projects. 

325 

‘‘(2) Alternative approaches to calculating the contribution of truck and rail 

traffic to congestion on specific highway segments. 

‘‘(3) The feasibility of consolidating origins and destinations for freight movement. 

‘‘(4) Methods for incorporating estimates of international trade into landside 

transportation planning. 

‘‘(5) The use of technology applications to increase capacity of highway lanes 

dedicated to truck-only traffic. 

‘‘(6) Development of physical and policy alternatives for separating car and 

truck traffic. 

‘‘(7) Ways to synchronize infrastructure improvements with freight transportation demand. 

‘‘(8) The effect of changing patterns of freight movement on transportation 

planning decisions relating to rest areas. 

‘‘(9) Other research areas to identify and address the emerging and future research needs related to freight transportation by all modes. 

‘‘(f) FUNDING.— 

‘‘(1) FEDERAL SHARE.—The Federal share of the cost of an activity carried out 

under this section shall be up to 100 percent, and such funds shall remain 

available until expended. 

‘‘(2) USE OF NON-FEDERAL FUNDS.—In addition to using funds authorized for 

this section, the National Academy of Sciences may seek and accept additional 

funding sources from public and private entities capable of accepting funding 

from the Department of Transportation, States, local governments, nonprofit 

foundations, and the private sector.’’. 

(b) CONFORMING AMENDMENT.—The analysis for such chapter is further amended 

by adding at the end the following: 

‘‘509. National cooperative freight transportation research program.’’. 

(c) FUNDING.—Of the amounts made available by section 5101(a)(1) of this Act, 

$1,500,000 for fiscal year 2004 and $4,000,000 for each of fiscal years 2005 through 

2009 shall be available to carry out section 509 of title 23, United States Code. 

SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM. 

(a) IN GENERAL.—Chapter 5 of title 23, United States Code, is further amended 

by adding at the end the following: 

‘‘§ 510. Future strategic highway research program 

‘‘(a) ESTABLISHMENT.—The Secretary, in consultation with the American Association of State Highway and Transportation Officials, shall establish and carry out, 

acting through the National Research Council of the National Academy of Sciences, 

the future strategic highway research program. 

‘‘(b) COOPERATIVE AGREEMENTS.—The Secretary may make grants to, and enter 

into cooperative agreements with, the American Association of State Highway and 

Transportation Officials and the National Academy of Sciences to carry out such activities under this subsection as the Secretary determines are appropriate. 

‘‘(c) PERIOD OF AVAILABILITY.—Funds made available to carry out this section 

shall remain available for the fiscal year in which such funds are made available 

and the 3 succeeding fiscal years. 

‘‘(d) PROGRAM PRIORITIES.— 

‘‘(1) PROGRAM ELEMENTS.—The program established under this section shall 

be based on the National Research Council Special Report 260, entitled ‘Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality 

of Life’ and the results of the detailed planning work subsequently carried out 

in 2002 and 2003 to identify the research areas through National Cooperative 

Research Program Project 20–58. The research program shall include an analysis of the following: 

‘‘(A) Renewal of aging highway infrastructure with minimal impact to 

users of the facilities. 

‘‘(B) Driving behavior and likely crash causal factors to support improved 

countermeasures. 

‘‘(C) Reducing highway congestion due to nonrecurring congestion. 

‘‘(D) Planning and designing new road capacity to meet mobility, economic, environmental, and community needs. 

‘‘(2) DISSEMINATION OF RESULTS.—The research results of the program, expressed in terms of technologies, methodologies, and other appropriate categorizations, shall be disseminated to practicing engineers for their use, as soon 

as practicable. 

326 

‘‘(e) PROGRAM ADMINISTRATION.—In carrying out the program under this section, 

the National Research Council shall ensure, to the maximum extent practicable, 

that— 

‘‘(1) projects and researchers are selected to conduct research for the program 

on the basis of merit and open solicitation of proposals and review by panels 

of appropriate experts; 

‘‘(2) State department of transportation officials and other stakeholders, as 

appropriate, are involved in the governance of the program at the overall program level and technical level through the use of expert panels and committees; 

‘‘(3) the Council acquires a qualified, permanent core staff with the ability and 

expertise to manage the program and multiyear budget; and 

‘‘(4) there is no duplication of research effort between the program and any 

other research effort of the Department. 

‘‘(f) REPORT ON IMPLEMENTATION OF RESULTS.— ‘‘(1) REPORT.—The Transportation Research Board of the National Research 

Council shall complete a report on the strategies and administrative structure 

to be used for implementation of the results of the future strategic highway research program. 

‘‘(2) COMPONENTS.—The report under paragraph (1) shall include with respect 

to the program— 

‘‘(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 of implementation of those results; and 

‘‘(D) recommendations on methods by which implementation of those results should be conducted, coordinated, and supported in future years, including a discussion of the administrative structure and organization best 

suited to carry out those recommendations. 

‘‘(3) CONSULTATION.—In developing the report, the Transportation Research 

Board shall consult with a wide variety of stakeholders, including— 

‘‘(A) the Federal Highway Administration; 

‘‘(B) the National Highway Traffic Safety Administration; and 

‘‘(C) the American Association of State Highway and Transportation Officials. 

‘‘(4) SUBMISSION.—Not later than February 1, 2009, the report shall be submitted to the Committee on Environment and Public Works of the Senate and 

the Committee on Transportation and Infrastructure of the House of Representatives. 

‘‘(h) FUNDING.— ‘‘(1) FEDERAL SHARE.—The Federal share of the cost of an activity carried out 

using amounts made available under a grant or cooperative agreement under 

this section shall be 100 percent, and such funds shall remain available until 

expended. 

‘‘(2) ADVANCE PAYMENTS.—The Secretary may make advance payments as 

necessary to carry out the program under this section.’’. 

(b) PROGRAMMATIC EVALUATIONS.—Within 3 years after the first research and development project grants, cooperative agreements, or contracts are awarded under 

section 510 of title 23, United States Code, the Comptroller General shall review 

the program under such section, and recommend improvements. The review shall 

assess the degree to which projects funded under such section have addressed the 

research and development topics identified in the Transportation Research Board 

Special Report 260, including identifying those topics which have not yet been addressed. 

(c) CONFORMING AMENDMENT.—The analysis for chapter 5 of such title is further 

amended by adding at the end the following: 

‘‘510. Future strategic highway research program.’’. 

(d) FUNDING.—Of the amounts made available by section 5101(a)(1) of this Act, 

$17,000,000 for fiscal year 2004, $60,000,000 for fiscal year 2005, and $63,000,000 

for each of fiscal years 2006 through 2009, shall be available to carry out section 

510 of title 23, United States Code. 

SEC. 5210. TRANSPORTATION SAFETY INFORMATION MANAGEMENT SYSTEM PROJECT. 

(a) IN GENERAL.—The Secretary shall fund and carry out a project to further the 

development of a comprehensive transportation safety information management system (in this section referred to as ‘‘TSIMS’’). 

(b) PURPOSES.—The purpose of the TSIMS project is to further the development 

of a software application to provide for the collection, integration, management, and 

dissemination of safety data from and for use among State and local safety and 

327 

transportation agencies, including driver licensing, vehicle registration, emergency 

management system, injury surveillance, roadway inventory, and motor carrier 

databases. 

(c) FUNDING.— (1) FEDERAL CONTRIBUTION.—Of the amounts made available by section 5101(a)(1) of this Act, $1,000,000 for fiscal year 2004 and $3,000,000 for fiscal 

year 2005 shall be available to carry out the TSIMS project under this section. 

(2) STATE CONTRIBUTION.—The sums authorized in paragraph (1) are intended 

to supplement voluntary contributions to be made by State departments of 

transportation and other State safety and transportation agencies. 

SEC. 5211. SURFACE TRANSPORTATION CONGESTION RELIEF SOLUTIONS RESEARCH INITIATIVE. 

(a) ESTABLISHMENT.—The Secretary, acting through the Federal Highway Administration, shall establish a surface transportation congestion solutions research initiative consisting of 2 independent research programs described in subsections (b)(1) 

and (b)(2) and designed to develop information to assist State transportation departments and metropolitan planning organizations measure and address surface transportation congestion problems. 

(b) SURFACE TRANSPORTATION CONGESTION SOLUTIONS RESEARCH PROGRAM.— (1) IMPROVED SURFACE TRANSPORTATION CONGESTION MANAGEMENT SYSTEM

MEASURES.—The purposes of the first research program established under this 

section shall be— 

(A) to examine the effectiveness of surface transportation congestion management systems since enactment of the Intermodal Surface Transportation 

Assistance Act of 1991 (Public Law 102–240); 

(B) to identify best case examples of locally designed reporting methods 

and incorporate such methods in research on national models for developing 

and recommending improved surface transportation congestion measurement and reporting; and 

(C) to incorporate such methods in the development of national models 

and methods to monitor, measure, and report surface transportation congestion information. 

(2) ANALYTICAL TECHNIQUES FOR ACTION ON SURFACE TRANSPORTATION CONGESTION.—The purposes of the second research program established under this 

section shall be— 

(A) to analyze the effectiveness of procedures used by State transportation departments and metropolitan planning organizations to assess surface transportation congestion problems and communicate those problems 

to decisionmakers; and 

(B) to identify methods to ensure that the results of surface transportation congestion analyses will lead to the targeting of funding for programs, projects, or services with demonstrated effectiveness in reducing 

travel delay, congestion, and system unreliability. 

(c) TECHNICAL ASSISTANCE AND TRAINING.—In fiscal year 2006, the Secretary, acting through the Federal Highway Administration, shall develop a technical assistance and training program to disseminate the results of the surface transportation 

congestion solutions research initiative for the purpose of assisting State transportation departments and local transportation agencies with improving their approaches to surface transportation congestion measurement, analysis, and project 

programming. 

(d) FUNDING.—Of the amounts made available by sections 5101(a)(1) of this Act, 

$4,000,000 for fiscal year 2004 and $11,000,000 for each of fiscal years 2005 through 

2009 shall be available to carry out subsections (a) and (b). Of the amounts made 

available by section 5101(a)(2), $500,000 for fiscal year 2004 and $1,000,000 for each 

of fiscal years 2005 through 2009 shall be available to carry out subsection (c). 

SEC. 5212. MOTOR CARRIER EFFICIENCY STUDY. 

(a) IN GENERAL.—The Secretary, in coordination with the motor carrier and wireless technology industry, shall conduct a study to— 

(1) identify inefficiencies in the transportation of freight; 

(2) evaluate the safety, productivity, and reduced cost improvements that may 

be achieved through the use of wireless technologies to address the inefficiencies 

identified in paragraph (1); and 

(3) conduct, as appropriate, field tests demonstrating the technologies identified in paragraph (2). 

(b) PROGRAM ELEMENTS.—The program shall include, at a minimum, the following: 

(1) Fuel monitoring and management systems. 

(2) Radio frequency identification technology. 

328 

(3) Electronic manifest systems. 

(4) Cargo theft prevention. 

(c) FEDERAL SHARE.—The Federal share of the cost of the study under this section 

shall be 100 percent. 

(d) ANNUAL REPORT.—The Secretary shall prepare and transmit to Congress an 

annual report on the programs and activities carried out under this section. 

(e) FUNDING.—From funds made available under section 5101(a)(1), the Secretary shall make available $1,000,000 to the Federal Motor Carrier Safety Administration 

for each of fiscal years 2005 through 2009 to carry out this section. 

SEC. 5213. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING. 

(a) AMENDMENT.—Section 508 of title 23, United States Code, is amended to read 

as follows: 

‘‘§ 508. Transportation research and development strategic planning 

‘‘(a) IN GENERAL.— ‘‘(1) DEVELOPMENT.—Not later than 1 year after the date of enactment of the 

Transportation Equity Act: A Legacy for Users, the Secretary shall develop a 

5-year transportation research and development strategic plan to guide Federal 

transportation research and development activities. This plan shall be consistent with section 306 of title 5, sections 1115 and 1116 of title 31, and any 

other research and development plan within the Department of Transportation. 

‘‘(2) CONTENTS.—The strategic plan developed under paragraph (1) shall— 

‘‘(A) describe the primary purposes of the transportation research and development program, which shall include, at a minimum— 

‘‘(i) reducing congestion and improving mobility; 

‘‘(ii) promoting safety; 

‘‘(iii) promoting security; 

‘‘(iv) protecting and enhancing the environment; 

‘‘(v) preserving the existing transportation system; and 

‘‘(vi) improving the durability and extending the life of transportation 

infrastructure; 

‘‘(B) for each purpose, list the primary research and development topics 

that the Department intends to pursue to accomplish that purpose, which 

may include the fundamental research in the physical and natural sciences, 

applied research, technology development, and social science research intended for each topic; and 

‘‘(C) for each research and development topic, describe— 

‘‘(i) the anticipated annual funding levels for the period covered by 

the strategic plan; and 

‘‘(ii) the additional information the Department expects to gain at the 

end of the period covered by the strategic plan as a result of the research and development in that topic area. 

‘‘(3) CONSIDERATIONS.—In developing the strategic plan, the Secretary shall 

ensure that the plan— 

‘‘(A) reflects input from a wide range of stakeholders; 

‘‘(B) includes and integrates the research and development programs of 

all the Department’s operating administrations, including aviation, transit, 

rail, and maritime; and 

‘‘(C) takes into account how research and development by other Federal, 

State, private sector, and not-for-profit institutions contributes to the 

achievement of the purposes identified under paragraph (2)(A), and avoids 

unnecessary duplication with these efforts. 

‘‘(4) PERFORMANCE PLANS AND REPORTS.—In reports submitted under sections 

1115 and 1116 of title 31, the Secretary shall include— 

‘‘(A) a summary of the Federal transportation research and development 

activities for the previous fiscal year in each topic area; 

‘‘(B) the amount of funding spent in each topic area; 

‘‘(C) a description of the extent to which the research and development 

is meeting the expectations set forth in paragraph (2)(C)(ii); and 

‘‘(D) any amendments to the strategic plan. 

‘‘(b) The Secretary shall submit to Congress an annual report, along with the 

President’s annual budget request, describing the amount spent in the last completed fiscal year on transportation research and development and the amount proposed in the current budget for transportation research and development. 

‘‘(c) NATIONAL RESEARCH COUNCIL REVIEW.—The Secretary shall enter into an 

agreement for the review by the National Research Council of the details of each— 

‘‘(1) strategic plan under section 508; 

‘‘(2) performance plan required under section 1115 of title 31; and 

‘‘(3) program performance report required under section 1116 of title 31, 

329 

with respect to transportation research and development.’’. 

(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of such title is amended by striking the item related to section 508 and inserting the following: 

‘‘508. Transportation research and development strategic planning.’’. 

SEC. 5214. LIMITATION ON REMEDIES FOR FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM. 

Section 510 of title 23, United States Code, as added by section 5209 of this Act, 

is amended by inserting after subsection (f) the following: 

‘‘(g) LIMITATION OF REMEDIES.— 

‘‘(1) SAME REMEDY AS IF UNITED STATES.—The remedy against the United 

States provided by sections 1346(b) and 2672 of title 28 for injury, loss of property, personal injury, or death shall apply to any claim against the National 

Academy of Sciences for money damages for injury, loss of property, personal 

injury, or death caused by any negligent or wrongful act or omission by employees and individuals described in paragraph (3) arising from activities conducted 

under or in connection with this section. Any such claim shall be subject to the 

limitations and exceptions which would be applicable to such claim if such claim 

were against the United States. With respect to any such claim, the Secretary 

shall be treated as the head of the appropriate Federal agency for purposes of 

sections 2672 and 2675 of title 28. 

‘‘(2) EXCLUSIVENESS OF REMEDY.—The remedy referred to in paragraph (1) 

shall be exclusive of any other civil action or proceeding for the purpose of determining liability arising from any such act or omission without regard to 

when the act or omission occurred. 

‘‘(3) TREATMENT.—Employees of the National Academy of Sciences and other 

individuals appointed by the president of the National Academy of Sciences and 

acting on its behalf in connection with activities carried out under this section 

shall be treated as if they are employees of the Federal Government under section 2671 of title 28 for purposes of a civil action or proceeding with respect to 

a claim described in paragraph (1). The civil action or proceeding shall proceed 

in the same manner as any proceeding under chapter 171 of title 28 or action 

against the United States filed pursuant to section 1346(b) of title 28 and shall 

be subject to the limitations and exceptions applicable to such a proceeding or 

action. 

‘‘(4) SOURCES OF PAYMENTS.—Payment of any award, compromise, or settlement of a civil action or proceeding with respect to a claim described in paragraph (1) shall be paid first out of insurance maintained by the National Academy of Sciences, second from funds made available to carry out this section, and 

then from sums made available under section 1304 of title 31. For purposes of 

such section, such an award, compromise, or settlement shall be deemed to be 

a judgment, award, or settlement payable under section 2414 or 2672 of title 

28. The Secretary may establish a reserve of funds made available to carry out 

this section for making payments under this paragraph.’’. 

SEC. 5215. CENTER FOR TRANSPORTATION ADVANCEMENT AND REGIONAL DEVELOPMENT. 

(a) ESTABLISHMENT.—The Secretary shall establish a Center for Transportation 

Advancement and Regional Development to assist, through training, education and 

research, in the comprehensive development of small metropolitan and rural regional transportation systems that are responsive to the needs of businesses and 

local communities. 

(b) ACTIVITIES.—In carrying out this section, the Center shall— 

(1) provide training, information and professional resources for small metropolitan and rural regions to pursue innovative strategies to expand the capabilities, capacity and effectiveness of a region’s transportation network, including 

activities related to freight projects, transit system upgrades, roadways and 

bridges, and intermodal transfer facilities and operations; 

(2) assist local officials, rural transportation and economic development planners, officials from State departments of transportation and economic development, business leaders and other stakeholders in developing public-private partnerships to enhance their transportation systems; and 

(3) promote the leveraging of regional transportation planning with regional 

economic and business development planning to assure that appropriate transportation systems are created. 

(c) PROGRAM ADMINISTRATION.—To carry out this section, the Secretary shall 

make a grant to, or enter into a cooperative agreement or contract with, a national 

association of regional economic development and transportation professionals with 

a focus on small metropolitan and rural regions. 

330 

Subtitle C—University Transportation Research; 

Scholarship Opportunities 

SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CENTERS. 

(a) IN GENERAL.—Section 5505 of title 49, United States Code, is amended to read 

as follows: 

‘‘§ 5505. National university transportation centers 

‘‘(a) IN GENERAL.— 

‘‘(1) ESTABLISHMENT AND OPERATION.—The Secretary of Transportation shall 

make grants under this section to eligible nonprofit institutions of higher learning to establish and operate national university transportation centers. 

‘‘(2) ROLE OF CENTERS.—The role of each center shall be to advance significantly transportation research on critical national transportation issues and to 

expand the workforce of transportation professionals. 

‘‘(b) APPLICABILITY OF REQUIREMENTS.—A grant received by an eligible nonprofit 

institution of higher learning under this section shall be available for the same purposes, and shall be subject to the same terms and conditions, as a grant made to 

a nonprofit institution of higher learning under section 5506. 

‘‘(c) ELIGIBLE NONPROFIT INSTITUTION OF HIGHER LEARNING DEFINED.—In this 

section, the term ‘eligible nonprofit institution of higher learning’ means each of the 

lead institutions identified in subsections (j)(4)(A), (j)(4)(B), and (j)(4)(F) of section 

5505 as in effect on the day before the date of enactment of the Transportation Equity Act: A Legacy for Users, the university referred to in section 704 of Public Law 

103–206 (107 Stat. 2447), and the university that, as of the day before such date 

of enactment, is the lead institution for the regional university transportation center 

for region 5 of the Standard Federal Regional Boundary System. 

‘‘(d) GRANTS.—In each of fiscal years 2004 through 2009, the Secretary shall make 

a grant under this section to each eligible nonprofit institution of higher learning 

in an amount not to exceed $3,500,000.’’. 

(b) CONFORMING AMENDMENT.—The analysis for subchapter I of chapter 55 of 

such title is amended by striking the item relating to section 5505 and inserting the 

following: 

‘‘5505. National university transportation centers.’’. 

SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH. 

(a) IN GENERAL.—Section 5506 of title 49, United States Code, is amended to read 

as follows: 

‘‘§ 5506. University transportation research 

‘‘(a) IN GENERAL.—The Secretary of Transportation shall make grants under this 

section to nonprofit institutions of higher learning to establish and operate university transportation centers. 

‘‘(b) OBJECTIVES.—Grants received under this section shall be used by nonprofit 

institutions of higher learning to advance significantly the state-of-the-art in transportation research and expand the workforce of transportation professionals through 

the following programs and activities: 

‘‘(1) RESEARCH.—Basic and applied research, the products of which are judged 

by peers or other experts in the field of transportation to advance the body of 

knowledge in transportation. 

‘‘(2) EDUCATION.—An education program relating to transportation that includes multidisciplinary course work and participation in research. 

‘‘(3) TECHNOLOGY TRANSFER.—An ongoing program of technology transfer that 

makes transportation research results available to potential users in a form 

that can be implemented, utilized, or otherwise applied. 

‘‘(c) REGIONAL, TIER I, AND TIER II CENTERS.— 

‘‘(1) IN GENERAL.—For each of fiscal years 2004 through 2009, the Secretary 

shall make grants under subsection (a) to nonprofit institutions of higher learning to establish and operate— 

‘‘(A) 10 regional university transportation centers; and 

‘‘(B) 10 Tier I university transportation centers. 

‘‘(2) TIER II CENTERS.—For each of fiscal years 2005 through 2009, the Secretary shall make grants under subsection (a) to nonprofit institutions of higher 

learning to establish and operate 10 Tier II university transportation centers. 

‘‘(3) LOCATION OF REGIONAL CENTERS.—One regional university transportation 

center shall be located in each of the 10 United States Government regions that 

comprise the Standard Federal Regional Boundary System. 

331 

‘‘(4) LIMITATION.—A nonprofit institution of higher learning may not directly 

receive a grant under this section for a fiscal year for more than one university 

transportation center. 

‘‘(d) COMPETITIVE SELECTION PROCESS.— ‘‘(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. 

‘‘(2) GENERAL 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: 

‘‘(A) The demonstrated research and extension resources available to the 

recipient to carry out this section. 

‘‘(B) The capability of the recipient to provide leadership in making national and regional contributions to the solution of immediate and longrange transportation problems. ‘‘(C) The recipient’s demonstrated commitment of at least $400,000 each 

year in regularly budgeted institutional amounts to support ongoing transportation research and education programs. 

‘‘(D) The recipient’s demonstrated ability to disseminate results of transportation research and education programs through a statewide or regionwide continuing education program. 

‘‘(E) The strategic plan the recipient proposes to carry out under the 

grant. 

‘‘(e) REGIONAL UNIVERSITY TRANSPORTATION CENTERS.— 

‘‘(1) COMPETITION.—Not later than August 31, 2005, and not later than March 

31st of every 4th year thereafter, the Secretary shall complete a competition 

among nonprofit institutions of higher learning for grants to establish and operate the 10 regional university transportation centers referred to in subsection 

(c)(1)(A). 

‘‘(2) SELECTION CRITERIA.—In conducting a competition under paragraph (1), 

the Secretary shall select a nonprofit institution of higher learning on the basis 

of— 

‘‘(A) the criteria described in subsection (d)(2); 

‘‘(B) the location of the center within the Federal region to be served; and 

‘‘(C) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) can demonstrate that it has a well-established, nationally recognized program in transportation research and education, as evidenced by— 

‘‘(i) not less than $2,000,000 in highway or public transportation research expenditures each year for each of the preceding 5 years; 

‘‘(ii) not less than 10 graduate degrees awarded in professional fields 

closely related to highways and public transportation for year for each 

of the preceding 5 years; and 

‘‘(iii) not less than 5 tenured or tenure-track faculty members who 

specialize on a full-time basis in professional fields closely related to 

highways and public transportation who, as a group, have published a 

total at least 50 refereed journal publications on highway or public 

transportation research during the preceding 5 years. 

‘‘(3) GRANT RECIPIENTS.—After selecting a nonprofit institution of higher 

learning as a grant recipient on the basis of a competition conducted under this 

subsection, the Secretary shall make a grant to the recipient to establish and 

operate a regional university transportation center in each of the first 4 fiscal 

years beginning after the date of the competition. 

‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004 AND 2005.—For each of fiscal years 

2004 and 2005, the Secretary shall make a grant under this section to each of 

the 10 nonprofit institutions of higher learning that were competitively selected 

for grants by the Secretary under this section in July 1999 to operate regional 

university transportation centers. 

‘‘(5) AMOUNT OF GRANTS.—For each of fiscal years 2004 through 2009, a grant 

made by the Secretary to a nonprofit institution of higher learning for a fiscal 

year to establish and operate a regional university transportation center shall 

not exceed $3,500,000. 

‘‘(f) TIER I UNIVERSITY TRANSPORTATION CENTERS.— 

‘‘(1) COMPETITION.—Not later than March 31, 2006, and not later than March 

31st of every 4th year thereafter, the Secretary shall complete a competition 

among nonprofit institutions of higher learning for grants to establish and operate the 10 Tier I university transportation centers referred to in subsection 

(c)(1)(B). 

332 

‘‘(2) SELECTION CRITERIA.—In conducting a competition under paragraph (1), 

the Secretary shall select a nonprofit institution of higher learning on the basis 

of— 

‘‘(A) the criteria described in subsection (d)(2); and 

‘‘(B) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) can demonstrate that it has an established, 

recognized program in transportation research and education, as evidenced 

by— 

‘‘(i) not less than $1,000,000 in highway or public transportation research expenditures each year for each of the preceding 5 years or not 

less than $6,000,000 in such expenditures during the 5 preceding years; 

‘‘(ii) not less than 5 graduate degrees awarded in professional fields 

closely related to highways and public transportation each year for 

each of the preceding 5 years; and 

‘‘(iii) not less than 3 tenured or tenure-track faculty members who 

specialize on a full-time basis in professional fields closely related to 

highways and public transportation who, as a group, have published a 

total at least 20 refereed journal publications on highway or public 

transportation research during the preceding 5 years. 

‘‘(3) GRANT RECIPIENTS.—After selecting a nonprofit institution of higher 

learning as a grant recipient on the basis of a competition conducted under this 

subsection, the Secretary shall make a grant to the recipient to establish and 

operate a Tier I university transportation center in each of the first 4 fiscal 

years beginning after the date of the competition. 

‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004, 2005, AND 2006.—For each of fiscal 

years 2004, 2005, and 2006, the Secretary shall make a grant under this section 

to each of the 10 nonprofit institutions of higher learning that were competitively selected for grant awards by the Secretary under this section in May 2002 

to operate university transportation centers (other than regional centers). 

‘‘(5) AMOUNT OF GRANTS.—A grant made by the Secretary to a nonprofit institution of higher learning for a fiscal year to establish and operate a Tier I university transportation center shall not exceed $1,000,000 for fiscal year 2004 

and $1,500,000 for each of fiscal years 2005 through 2009. 

‘‘(g) TIER II UNIVERSITY TRANSPORTATION CENTERS.— 

‘‘(1) COMPETITION.—Not later than 60 days after the date of enactment of the 

Transportation Equity Act: A Legacy for Users, not later than March 31, 2008, 

and not later than March 31st of every 4th year thereafter, the Secretary shall 

complete a competition among nonprofit institutions of higher learning for 

grants to establish and operate the 10 Tier II university transportation centers 

referred to in subsection (c)(2). 

‘‘(2) SELECTION CRITERIA.—In conducting a competition under paragraph (1), 

the Secretary shall select a nonprofit institution of higher learning on the basis 

of the criteria described in subsection (f)(2). 

‘‘(3) GRANT RECIPIENTS.—After selecting a nonprofit institution of higher 

learning as a grant recipient on the basis of a competition conducted under this 

subsection, the Secretary shall— 

‘‘(A) in the case of the competition to be completed not later than 60 days 

after the date of enactment of the Transportation Equity Act: A Legacy for 

Users, make a grant to the recipient to establish and operate a Tier II university transportation center in each of fiscal years 2005 through 2008; and 

‘‘(B) in the case of each subsequent competition, make a grant to the recipient to establish and operate a Tier II university transportation center 

in each of the first 4 fiscal years beginning after the date of the competition. 

‘‘(4) AMOUNT OF GRANTS.—For each of fiscal years 2005 through 2009, a grant 

made by the Secretary to a nonprofit institution of higher learning for a fiscal 

year to establish and operate a Tier II university transportation center shall not 

exceed $1,000,000. 

‘‘(h) SUPPORT OF NATIONAL STRATEGY FOR SURFACE TRANSPORTATION RESEARCH.— 

In order to be eligible to receive a grant under this section, a nonprofit institution 

of higher learning shall provide assurances satisfactory to the Secretary that the research and education activities of its university transportation center will support 

the national strategy for surface transportation research, as identified by— 

‘‘(1) the report of the National Highway Research and Technology Partnership 

entitled ‘Highway Research and Technology: The Need for Greater Investment’, 

dated April 2002; and 

‘‘(2) the programs of the National Research and Technology Program of the 

Federal Transit Administration. 

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‘‘(i) MAINTENANCE OF EFFORT.—In order to be eligible to receive a grant under 

this section, a nonprofit institution of higher learning shall enter into an agreement 

with the Secretary to ensure that the institution 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. 

‘‘(j) FEDERAL SHARE.—The Federal share of the costs of activities carried out using 

a grant made under this section shall be 50 percent of such costs. The non-Federal 

share may include funds provided to a recipient under section 503, 504(b), or 505 

of title 23. 

‘‘(k) PROGRAM COORDINATION.— ‘‘(1) COORDINATION.—The Secretary shall coordinate the research, education, 

and technology transfer activities that grant recipients carry out under this section, disseminate the results of the research, and establish and operate a clearinghouse to disseminate the results of the research. 

‘‘(2) ANNUAL REVIEW AND EVALUATION.—At least annually, and consistent 

with the plan developed under section 508 of title 23, the Secretary shall review 

and evaluate programs of grant recipients. 

‘‘(3) MANAGEMENT AND OVERSIGHT.—The Secretary shall expend $1,500,000 

for each of fiscal years 2005 through 2009 from amounts made available to 

carry out this section to carry out management and oversight of the centers receiving assistance under this section. 

‘‘(l) PROGRAM ADMINISTRATION.—The Secretary shall carry out this section acting 

through the Administrator of the Research and Innovative Technology Administration. 

‘‘(m) LIMITATION ON AVAILABILITY OF FUNDS.—Funds made available to carry out 

this section shall remain available for obligation by the Secretary for a period of 2 

years after the last day of the fiscal year for which such funds are authorized.’’. 

(b) CONFORMING AMENDMENT.—The analysis for subchapter I of chapter 55 of 

such title is amended by striking the item relating to section 5506 and inserting the 

following: 

‘‘5506. University transportation research.’’. 

SEC. 5303. TRANSPORTATION SCHOLARSHIP OPPORTUNITIES PROGRAM. 

(a) IN GENERAL.— 

(1) ESTABLISHMENT OF PROGRAM.—The Secretary may establish and implement a scholarship program for the purpose of attracting qualified students for 

transportation-related critical jobs. 

(2) PARTNERSHIP.—The Secretary may establish the program in partnership 

with appropriate nongovernmental institutions. 

(b) PARTICIPATION AND FUNDING.—An operating administration of the Department 

of Transportation and the Office of Inspector General may participate in the scholarship program. Notwithstanding any other provision of law, the Secretary may use 

funds available to an operating administration or from the Office of Inspector General of the Department of Transportation for the purpose of carrying out this section. 

Subtitle D—Advanced Technologies 

SEC. 5401. ADVANCED HEAVY-DUTY VEHICLE TECHNOLOGIES RESEARCH PROGRAM. 

(a) IN GENERAL.—Subchapter I of chapter 55 of title 49, United States Code, is 

amended by adding at the end the following: 

‘‘§ 5507. Advanced heavy-duty vehicle technologies research program 

‘‘(a) IN GENERAL.—The Secretary of Transportation shall conduct research, development, demonstration, and testing to integrate emerging advanced heavy-duty vehicle technologies in order to provide seamless, safe, secure, and efficient transportation and to benefit the environment. 

‘‘(b) CONSULTATION.—To ensure the activities performed pursuant to this section 

achieve the maximum benefit, the Secretary of Transportation shall consult with the 

Secretary of Energy, the Administrator of the Environmental Protection Agency, 

and other relevant Federal agencies on research, development, and demonstration 

activities authorized under this section related to advanced heavy-duty vehicle technologies. 

‘‘(c) GRANTS, COOPERATIVE AGREEMENTS, AND OTHER TRANSACTIONS.—The Secretary may make grants to, and enter into cooperative agreements and other transactions with, Federal and other public agencies (including State and local governments) and persons to carry out subsection (a). 

334 

‘‘(d) COST SHARING.—At least 50 percent of the funding for projects carried out 

under this section must be provided by non-Federal sources. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

from the Highway Trust Fund (other than the Mass Transit Account) to carry out 

subsection (a) $1,000,000 for fiscal year 2004 and $3,000,000 for each of fiscal years 

2005 through 2009. 

‘‘(f) CONTRACT AUTHORITY.—The funds authorized to be appropriated by subsection (e) 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 limitation 

on obligations imposed on funds made available to carry out title V of the Transportation Equity Act: A Legacy for Users.’’. 

(b) CONFORMING AMENDMENT.—The analysis for subchapter I of chapter 55 of 

such title is amended by adding at the end the following: 

‘‘5507. Advanced heavy-duty vehicle technologies research program.’’. 

SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL INFORMATION TECHNOLOGIES. 

(a) IN GENERAL.—The Secretary shall establish and carry out a program to validate commercial remote sensing products and spatial information technologies for 

application to national transportation infrastructure development and construction. 

(b) PROGRAM.— (1) NATIONAL POLICY.—The Secretary shall establish and maintain a national 

policy for the use of commercial remote sensing products and spatial information technologies in national transportation infrastructure development and construction. 

(2) POLICY IMPLEMENTATION.—The Secretary shall develop new applications of 

commercial remote sensing products and spatial information technologies for 

the implementation of the national policy established and maintained under 

paragraph (1). 

(c) COOPERATION.—The Secretary shall carry out this section in cooperation with 

the commercial remote sensing program of the National Aeronautics and Space Administration and a consortium of university research centers. 

(d) FUNDING.—Of the amounts made available by section 5101(a)(1) of this Act, 

$3,000,000 for fiscal year 2004 and $9,000,000 for each of fiscal years 2005 through 

2009 shall be available to carry out this section. 

Subtitle E—Transportation Data and Analysis 

SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS. 

Section 111 of title 49, United States Code, is amended to read as follows: 

‘‘§ 111. Bureau of Transportation Statistics 

‘‘(a) ESTABLISHMENT.—There is established in the Research and Innovative Technology Administration a Bureau of Transportation Statistics. 

‘‘(b) DIRECTOR.— 

‘‘(1) APPOINTMENT.—The Bureau shall be headed by a Director who shall be 

appointed in the competitive service by the Secretary. 

‘‘(2) QUALIFICATIONS.—The Director shall be appointed from among individuals who are qualified to serve as the Director by virtue of their training and 

experience in the collection, analysis, and use of transportation statistics. 

‘‘(c) RESPONSIBILITIES.—The Director of the Bureau shall serve as the Secretary’s 

senior advisor on data and statistics, and shall be responsible for carrying out the 

following duties: 

‘‘(1) PROVIDING DATA, STATISTICS, AND ANALYSIS TO TRANSPORTATION DECISIONMAKERS.—Ensuring that the statistics compiled under paragraph (5) are designed to support transportation decisionmaking by the Federal Government, 

State and local governments, metropolitan planning organizations, transportation-related associations, the private sector (including the freight community), 

and the public. 

‘‘(2) COORDINATING COLLECTION OF INFORMATION.—Working with the operating administrations of the Department to establish and implement the Bureau’s data programs and to improve the coordination of information collection 

efforts with other Federal agencies. 

‘‘(3) DATA MODERNIZATION.—Continually improving surveys and data collection methods to improve the accuracy and utility of transportation statistics. 

‘‘(4) ENCOURAGING DATA STANDARDIZATION.—Encouraging the standardization 

of data, data collection methods, and data management and storage technologies for data collected by the Bureau, the operating administrations of the 

335 

Department of Transportation, States, local governments, metropolitan planning organizations, and private sector entities. 

‘‘(5) COMPILING TRANSPORTATION STATISTICS.—Compiling, analyzing, and publishing a comprehensive set of transportation statistics on the performance and 

impacts of the national transportation system, including statistics on— 

‘‘(A) productivity in various parts of the transportation sector; 

‘‘(B) traffic flows for all modes of transportation; 

‘‘(C) other elements of the Intermodal Transportation Database established under subsection (g); 

‘‘(D) travel times and measures of congestion; 

‘‘(E) vehicle weights and other vehicle characteristics; 

‘‘(F) demographic, economic, and other variables influencing traveling behavior, including choice of transportation mode, and goods movement; 

‘‘(G) transportation costs for passenger travel and goods movement; 

‘‘(H) availability and use of mass transit (including the number of passengers served by each mass transit authority) and other forms of for-hire 

passenger travel; 

‘‘(I) frequency of vehicle and transportation facility repairs and other 

interruptions of transportation service; 

‘‘(J) safety and security for travelers, vehicles, and transportation systems; 

‘‘(K) consequences of transportation for the human and natural environment; 

‘‘(L) the extent, connectivity, and condition of the transportation system, 

building on the National Transportation Atlas Database developed under 

subsection (g); and 

‘‘(M) transportation-related variables that influence the domestic economy 

and global competitiveness. 

‘‘(6) NATIONAL SPATIAL DATA INFRASTRUCTURE.—Building and disseminating 

the transportation layer of the National Spatial Data Infrastructure, including 

coordinating the development of transportation geospatial data standards, compiling intermodal geospatial data, and collecting geospatial data that is not 

being collected by others. 

‘‘(7) ISSUING GUIDELINES.—Issuing guidelines for the collection of information 

by the Department of Transportation required for statistics to be compiled 

under paragraph (5) in order to ensure that such information is accurate, reliable, relevant, and in a form that permits systematic analysis. The Bureau shall 

review and report to the Secretary of Transportation on the sources and reliability of the statistics proposed by the heads of the operating administrations 

of the Department to measure outputs and outcomes as required by the Government Performance and Results Act of 1993, and the amendments made by such 

Act, and shall carry out such other reviews of the sources and reliability of 

other data collected or statistical information published by the heads of the operating administrations of the Department as shall be requested by the Secretary. 

‘‘(8) MAKING STATISTICS ACCESSIBLE.—Making the statistics published under 

this subsection readily accessible. 

‘‘(d) INFORMATION NEEDS ASSESSMENT.— 

‘‘(1) IN GENERAL.—Within 60 days after the date of the enactment of the 

Transportation Equity Act: A Legacy for Users, the Secretary shall enter into 

an arrangement with the National Research Council to develop and publish a 

National Transportation Information Needs Assessment (referred to in this subsection as the ‘Assessment’). The Assessment shall be transmitted to the Secretary and the Congress not later than 24 months after such arrangement is 

entered into. 

‘‘(2) CONTENT.—The Assessment shall— 

‘‘(A) identify, in priority order, transportation data that is not being collected by the Bureau, Department of Transportation operating administrations, or other Federal, State, or local entities, but is needed to improve 

transportation decisionmaking at the Federal, State, and local level and to 

fulfill the requirements of subsection (c)(5); 

‘‘(B) recommend whether the data identified in subparagraph (A) should 

be collected by the Bureau, other parts of the Department, or by other Federal, State, or local entities, and whether any data is a higher priority than 

data currently being collected; 

‘‘(C) identify any data the Bureau or other Federal, State, and local entities is collecting that is not needed; 

‘‘(D) describe new data collection methods (including changes in surveys) 

and other changes the Bureau or other Federal, State, and local entities 

336 

should implement to improve the standardization, accuracy, and utility of 

transportation data and statistics; and 

‘‘(E) estimate the cost of implementing any recommendations. 

‘‘(3) CONSULTATION.—In developing the Assessment, the National Research 

Council shall consult with the Department’s Advisory Council on Transportation 

Statistics and a representative cross-section of transportation community stakeholders as well as other Federal agencies, including the Environmental Protection Agency, the Department of Energy, and the Department of Housing and 

Urban Development. 

‘‘(4) REPORT TO CONGRESS.—Not later than 6 months after the National Research Council transmits the Assessment under paragraph (1), the Secretary 

shall transmit a report to Congress that describes— 

‘‘(A) how the Department plans to fill the data gaps identified under 

paragraph (2)(A); 

‘‘(B) how the Department plans to stop collecting data identified under 

paragraph (2)(C); 

‘‘(C) how the Department plans to implement improved data collection 

methods and other changes identified under paragraph (2)(D); 

‘‘(D) the expected costs of implementing subparagraphs (A), (B), and (C) 

of this paragraph; 

‘‘(E) any findings of the Assessment under paragraph (1) with which the 

Secretary disagrees, and why; and 

‘‘(F) any proposed statutory changes needed to implement the findings of 

the Assessment under paragraph (1). 

‘‘(e) INTERMODAL TRANSPORTATION DATA BASE.— 

‘‘(1) IN GENERAL.—In consultation with the Under Secretary for Policy, the 

Assistant Secretaries, and the heads of the operating administrations of the Department of Transportation, the Director shall establish and maintain a transportation data base for all modes of transportation. 

‘‘(2) USE.—The data base shall be suitable for analyses carried out by the 

Federal Government, the States, and metropolitan planning organizations. 

‘‘(3) CONTENTS.—The data base shall include— 

‘‘(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of 

transportation and intermodal combinations, and by relevant classification; 

‘‘(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of 

transportation (including bicycle and pedestrian modes) and intermodal 

combinations, and by relevant classification; 

‘‘(C) information on the location and connectivity of transportation facilities and services; and 

‘‘(D) a national accounting of expenditures and capital stocks on each 

mode of transportation and intermodal combination. 

‘‘(f) NATIONAL TRANSPORTATION LIBRARY.— 

‘‘(1) IN GENERAL.—The Director shall establish and maintain a National 

Transportation Library, which shall contain a collection of statistical and other 

information needed for transportation decisionmaking at the Federal, State, and 

local levels. 

‘‘(2) ACCESS.—The Director shall facilitate and promote access to the Library, 

with the goal of improving the ability of the transportation community to share 

information and the ability of the Director to make statistics readily accessible 

under subsection (c)(8). 

‘‘(3) COORDINATION.—The Director shall work with other transportation libraries and other transportation information providers, both public and private, 

to achieve the goal specified in paragraph (2). 

‘‘(g) NATIONAL TRANSPORTATION ATLAS DATA BASE.— 

‘‘(1) IN GENERAL.—The Director shall develop and maintain geospatial data 

bases that depict— 

‘‘(A) transportation networks; 

‘‘(B) flows of people, goods, vehicles, and craft over the networks; and 

‘‘(C) social, economic, and environmental conditions that affect or are affected by the networks. 

‘‘(2) INTERMODAL NETWORK ANALYSIS.—The data bases shall be able to support 

intermodal network analysis. 

‘‘(h) MANDATORY RESPONSE AUTHORITY FOR FREIGHT DATA COLLECTION.—Whoever, being the owner, official, agent, person in charge, or assistant to the person 

in charge of any corporation, company, business, institution, establishment, or organization of any nature whatsoever, neglects or refuses, when requested by the Director or other authorized officer, employee, or contractor of the Bureau, to answer 

337 

completely and correctly to the best of his or her knowledge all questions relating 

to the corporation, company, business, institution, establishment, or other organization, or to make available records or statistics in his or her official custody, contained in a data collection request prepared and submitted under the authority of 

subsection (c)(1), shall be fined not more than $500; but if he or she willfully gives 

a false answer to such a question, he or she shall be fined not more than $10,000. 

‘‘(i) RESEARCH AND DEVELOPMENT GRANTS.—The Secretary may make grants to, 

or enter into cooperative agreements or contracts with, public and nonprofit private 

entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for— 

‘‘(1) investigation of the subjects specified in subsection (c)(5) and research 

and development of new methods of data collection, standardization, management, integration, dissemination, interpretation, and analysis; 

‘‘(2) demonstration programs by States, local governments, and metropolitan 

planning organizations to harmonize data collection, reporting, management, 

storage, and archiving to simplify data comparisons across jurisdictions; 

‘‘(3) development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library under subsection (f); and 

‘‘(4) development and improvement of methods for sharing geographic data, 

in support of the national transportation atlas data base under subsection (g) 

and the National Spatial Data Infrastructure developed under Executive Order 

No. 12906. 

‘‘(j) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed— 

‘‘(1) to authorize the Bureau to require any other department or agency to collect data; or 

‘‘(2) to reduce the authority of any other officer of the Department of Transportation to collect and disseminate data independently. 

‘‘(k) PROHIBITION ON CERTAIN DISCLOSURES.— 

‘‘(1) IN GENERAL.—An officer, employee or contractor of the Bureau may not— 

‘‘(A) make any disclosure in which the data provided by an individual or 

organization under subsection (c) can be identified; 

‘‘(B) use the information provided under subsection (c) for a nonstatistical 

purpose; or 

‘‘(C) permit anyone other than an individual authorized by the Director 

to examine any individual report provided under subsection (c). 

‘‘(3) INFORMING RESPONDENT OF USE OF DATA.—In a case in which the Bureau 

is authorized by statute to collect data or information for a nonstatistical purpose, the Director shall clearly distinguish the collection of the data or information, by rule and on the collection instrument, so as to inform a respondent that 

is requested or required to supply the data or information of the nonstatistical 

purpose. 

‘‘(l) 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)(5), documentation of methods used to obtain and ensure the quality of the statistics presented in the report, 

and recommendations for improving transportation statistical information. 

‘‘(m) DATA ACCESS.—The Director shall have access to transportation and transportation-related information in the possession of any Federal agency except information— 

‘‘(1) the disclosure of which to another Federal agency is expressly prohibited 

by law; or 

‘‘(2) the disclosure of which the agency so requested determines would significantly impair the discharge of authorities and responsibilities which have been 

delegated to, or vested by law, in such agency. 

‘‘(n) PROCEEDS OF DATA PRODUCT SALES.—Notwithstanding section 3302 of title 

31, funds received by the Bureau from the sale of 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. 

‘‘(o) ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.— 

‘‘(1) ESTABLISHMENT.—The Director of the Bureau of Transportation Statistics 

shall establish an Advisory Council on Transportation Statistics. 

‘‘(2) FUNCTION.—It shall be the function of the Advisory Council established 

under this subsection to— 

‘‘(A) advise the Director of the Bureau of Transportation Statistics on the 

quality, reliability, consistency, objectivity, and relevance of transportation 

statistics and analyses collected, supported, or disseminated by the Bureau 

of Transportation Statistics and the Department of Transportation; 

338 

‘‘(B) provide input to and review the report to Congress under subsection 

(d)(4); and 

‘‘(C) advise the Director on methods to encourage harmonization and 

interoperability of transportation data collected by the Bureau, the operating administrations of the Department of Transportation, States, local 

governments, metropolitan planning organizations, and private sector entities. 

‘‘(3) MEMBERSHIP.—The Advisory Council established under this subsection 

shall be composed of not fewer than 9 and not more than 11 members appointed 

by the Director, who are not officers or employees of the United States. Each 

member shall have expertise in transportation data collection or analysis or application; except that 1 member shall have expertise in economics, 1 member 

shall have expertise in statistics, and 1 member shall have experience in transportation safety. At least 1 member shall be a senior official of a State department of transportation. Members shall include representation of a cross-section 

of transportation community stakeholders. 

‘‘(4) TERMS OF APPOINTMENT.—(A) Except as provided in subparagraph (B), 

members shall be appointed to staggered terms not to exceed 3 years. A member may be renominated for one additional 3-year term. 

‘‘(B) Members serving on the Advisory Council on Transportation Statistics as 

of the date of enactment of the Transportation Equity Act: A Legacy for Users 

shall serve until the end of their appointed terms. 

‘‘(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act shall apply to the Advisory Council established under this 

subsection, except that section 14 of such Act shall not apply to such Advisory 

Council.’’. 

SEC. 5502. REPORTS OF BUREAU OF TRANSPORTATION STATISTICS. 

Section 111(k) of title 49, United States Code, as amended by section 5501 of this 

Act, is amended by inserting after paragraph (1) the following: 

‘‘(2) COPIES OF REPORTS.— 

‘‘(A) IN GENERAL.—No department, bureau, agency, officer, or employee of 

the United States (except the Director in carrying out this section) may require, for any reason, a copy of any report that has been filed under subsection (c) with the Bureau or retained by an individual respondent. 

‘‘(B) LIMITATION ON JUDICIAL PROCEEDINGS.—A copy of a report described 

in subparagraph (A) that has been retained by an individual respondent or 

filed with the Bureau or any of its employees, contractors, or agents— 

‘‘(i) shall be immune from legal process; and 

‘‘(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other 

judicial or administrative proceedings. 

‘‘(C) APPLICABILITY.—This paragraph shall apply only to reports that permit information concerning an individual or organization to be reasonably 

determined by direct or indirect means.’’. 

Subtitle F—Intelligent Transportation Systems 

Research 

SEC. 5601. SHORT TITLE. 

This subtitle may be cited as the ‘‘Intelligent Transportation Systems Act of 

2005’’. 

SEC. 5602. GOALS AND PURPOSES. 

(a) GOALS.—The goals of the intelligent transportation system program include— 

(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; 

(2) achievement of national transportation safety goals, including the enhancement of safe operation of motor vehicles and nonmotorized vehicles as well 

as improved emergency response to a crash, 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 to achieve national environmental goals; 

339 

(4) accommodation of the needs of all users of surface transportation systems, 

including operators of commercial motor vehicles, passenger motor vehicles, motorcycles, and bicycles and pedestrians, including individuals with disabilities; 

and 

(5) improvement of the Nation’s ability to respond to security-related or other 

manmade emergencies and natural disasters and enhancement of national defense mobility. 

(b) PURPOSES.—The Secretary shall implement activities under the intelligent system transportation program to, at a minimum— 

(1) expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight 

transportation; 

(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 and operations planning for effective intelligent transportation system deployment; 

(4) promote the innovative use of private resources; 

(5) facilitate, in cooperation with the motor vehicle industry, the introduction 

of a vehicle-based safety enhancing systems; 

(6) support the application of intelligent transportation systems that increase 

the safety and efficiency of commercial motor vehicle operations; 

(7) develop a workforce capable of developing, operating, and maintaining intelligent transportation systems; and 

(8) provide continuing support for operations and maintenance of intelligent 

transportation systems. 

SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS. 

(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 transportation systems and advance nationwide deployment of such systems as a component of the surface transportation systems of the 

United States. 

(b) POLICY.—Intelligent transportation system research projects and operational 

tests funded pursuant to this subtitle shall encourage and not displace public-private partnerships or private sector investment in such tests and projects. 

(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, AND EDUCATIONAL ENTITIES.— 

The Secretary shall carry out the intelligent transportation system program in cooperation with State and local governments and other public entities, the private 

sector of the United States, the Federal laboratories, and 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 program, the Secretary shall consult with the heads of other 

Federal departments and agencies, as appropriate. 

(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. 

(f) TRANSPORTATION PLANNING.—The Secretary may provide funding to support 

adequate consideration of transportation systems management and operations, including intelligent transportation systems, within metropolitan and statewide transportation planning processes. 

(g) INFORMATION CLEARINGHOUSE.— 

(1) IN GENERAL.—The Secretary shall— 

(A) maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under this subtitle (including 

the amendments made by this subtitle); and 

(B) make, on request, that information (except for proprietary information 

and data) readily available to all users of the repository at an appropriate 

cost. 

(2) AGREEMENT.— 

(A) IN GENERAL.—The Secretary may enter into an agreement with a 

third party for the maintenance of the repository for technical and safety 

data under paragraph (1)(A). 

(B) FEDERAL FINANCIAL ASSISTANCE.—If the Secretary enters into an 

agreement with an entity for the maintenance of the repository, the entity 

shall be eligible for Federal financial assistance under this section. 

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(3) AVAILABILITY OF INFORMATION.—Information in the repository shall not be 

subject to section 555 of title 5, United States Code. 

(h) ADVISORY COMMITTEE.— 

(1) IN GENERAL.—The Secretary shall establish an Advisory Committee to advise the Secretary on carrying out this subtitle. 

(2) MEMBERSHIP.—The Advisory Committee shall have no more than 20 members, be balanced between metropolitan and rural interests, and include, at a 

minimum— 

(A) a representative from a State highway department; 

(B) a representative from a local highway department who is not from a 

metropolitan planning organization; 

(C) a representative from a State, local, or regional transit agency; 

(D) a representative from a metropolitan planning organization; 

(E) a private sector user of intelligent transportation system technologies; 

(F) an academic researcher with expertise in computer science or another 

information science field related to intelligent transportation systems, and 

who is not an expert on transportation issues; 

(G) an academic researcher who is a civil engineer; 

(H) an academic researcher who is a social scientist with expertise in 

transportation issues; 

(I) a representative from a not-for-profit group representing the intelligent transportation system industry; 

(J) a representative from a public interest group concerned with safety; 

(K) a representative from a public interest group concerned with the impact of the transportation system on land use and residential patterns; and 

(L) members with expertise in planning, safety, and operations. 

(3) DUTIES.—The Advisory Committee shall, at a minimum, perform the following duties: 

(A) Provide input into the development of the Intelligent Transportation 

System aspects of the strategic plan under section 508 of title 23, United 

States Code. 

(B) Review, at least annually, areas of intelligent transportation systems 

research being considered for funding by the Department, to determine— 

(i) whether these activities are likely to advance either the state-ofthe-practice or state-of-the-art in intelligent transportation systems; 

(ii) whether the intelligent transportation system technologies are 

likely to be deployed by users, and, if not, to determine the barriers to 

deployment; and 

(iii) the appropriate roles for government and the private sector in investing in the research and technologies being considered. 

(4) REPORT.—Not later than February 1 of each year after the date of enactment of this Act, the Secretary shall transmit to the Congress, a report including— 

(A) all recommendations made by the Advisory Committee during the 

preceding calendar year; 

(B) an explanation of how the Secretary has implemented those recommendations; and 

(C) for recommendations not implemented, the reasons for rejecting the 

recommendations. 

(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The Advisory Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 

(i) REPORTING.— 

(1) GUIDELINES AND REQUIREMENTS.— 

(A) IN GENERAL.—The Secretary shall issue guidelines and requirements 

for the reporting and evaluation of operational tests and deployment 

projects carried out under this subtitle. 

(B) OBJECTIVITY AND INDEPENDENCE.—The guidelines and requirements 

issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the reporting entity 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. 

(C) FUNDING.—The guidelines and requirements issued under subparagraph (A) shall establish reporting funding levels based on the size and 

scope of each test or project that ensure adequate reporting 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 reporting of any test, deployment project, 

341 

or program assessment activity under this subtitle shall not be subject to chapter 35 of title 44. 

SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS. 

(a) IN GENERAL.— (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. 

(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. 

(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. 

(4) USE OF EXPERT PANEL.— (A) DESIGNATION.—The Secretary shall designate a panel of experts to 

recommend ways to expedite and streamline the process for developing the 

standards and protocols to be developed pursuant to paragraph (1). 

(B) NONAPPLICABILITY OF ADVISORY COMMITTEE ACT.—The expert panel 

shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 

(C) DEADLINE FOR RECOMMENDATION.—No later than September 30, 2006, 

the expert panel shall provide the Secretary with a recommendation relating to such standards development. 

(b) PROVISIONAL STANDARDS.— (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, using, to the extent practicable, the work product of appropriate standards development organizations. 

(2) PERIOD OF EFFECTIVENESS.—A provisional standard established under 

paragraph (1) shall be published in the Federal Register and remain in effect 

until the appropriate standards development organization adopts and publishes 

a standard. 

(c) CONFORMITY WITH NATIONAL 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, 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). 

(2) SECRETARY’S DISCRETION.—The Secretary may authorize exceptions to 

paragraph (1) for— 

(A) projects designed to achieve specific research objectives outlined in 

the national intelligent transportation system program plan or the surface 

transportation research and development strategic plan developed under 

section 508 of title 23, United States Code; or 

(B) the upgrade or expansion of an intelligent transportation system in 

existence on the date of enactment of this Act if the Secretary determines 

that the upgrade or expansion— 

(i) would not adversely affect the goals or purposes of this subtitle; 

(ii) is carried out before the end of the useful life of such system; and 

(iii) is cost-effective as compared to alternatives that would meet the 

conformity requirement of paragraph (1). 

(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 Act. 

SEC. 5605. 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 subtitle. 

(b) PRIORITY AREAS.—Under the program, the Secretary shall give higher priority 

to funding projects that— 

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(1) enhance mobility and productivity through improved traffic management, 

incident management, transit management, freight management, road weather 

management, toll collection, traveler information, or highway operations systems and remote sensing products; 

(2) utilize interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently; 

(3) enhance safety through improved crash avoidance and protection, crash 

and other notification, commercial motor vehicle operations, and infrastructurebased or cooperative safety systems; and 

(4) facilitate the integration of intelligent infrastructure, vehicle, and control 

technologies. 

(c) FEDERAL SHARE.—The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not exceed 80 percent. 

SEC. 5606. INFRASTRUCTURE DEVELOPMENT. 

Funds made available to carry out this subtitle for operational tests— 

(1) shall be used primarily for the development of intelligent transportation 

system infrastructure; and 

(2) to the maximum extent practicable, shall not be used for the construction 

of physical highway and public transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project. 

SEC. 5607. ROAD WEATHER RESEARCH AND DEVELOPMENT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish a road weather research and 

development program to— 

(1) maximize use of available road weather information and technologies; 

(2) expand road weather research and development efforts to enhance roadway safety, capacity, and efficiency while minimizing environmental impacts; 

and 

(3) promote technology transfer of effective road weather scientific and technological advances. 

(b) STAKEHOLDER INPUT.—In carrying out this section, the Secretary shall consult 

with the National Oceanic and Atmospheric Administration, the National Science 

Foundation, the American Association of State Highway and Transportation Officials, nonprofit organizations, and the private sector. 

(c) CONTENTS.—The program established under this section shall solely carry out 

research and development called for in the National Research Council’s report entitled ‘‘A Research Agenda for Improving Road Weather Services’’. Such research and 

development includes— 

(1) integrating existing observational networks and data management systems for road weather applications; 

(2) improving weather modeling capabilities and forecast tools, such as the 

road surface and atmospheric interface; 

(3) enhancing mechanisms for communicating road weather information to 

users, such as transportation officials and the public; and 

(4) integrating road weather technologies into an information infrastructure. 

(d) ACTIVITIES.—In carrying out this section, the Secretary shall— 

(1) enable efficient technology transfer; 

(2) improve education and training of road weather information users, such 

as State and local transportation officials and private sector transportation contractors; and 

(3) coordinate with transportation weather research programs in other modes, 

such as aviation. 

(e) FUNDING.— 

(1) IN GENERAL.—In awarding funds under this section, the Secretary shall 

give preference to applications with significant matching funds from non-Federal sources. 

(2) FUNDS FOR ROAD WEATHER RESEARCH AND DEVELOPMENT.—Of the amounts 

made available by section 5101(a)(5), $4,000,000 shall be available to carry out 

this section for each of fiscal years 2004 through 2009. 

SEC. 5608. DEFINITIONS. 

In this subtitle, the following definitions apply: 

(1) INCIDENT.—The term ‘‘incident’’ means a crash, a natural disaster, 

workzone activity, special event, or other emergency road user occurrence that 

adversely affects or impedes the normal flow of traffic. 

(2) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—The term ‘‘intelligent 

transportation infrastructure’’ means fully integrated public sector intelligent 

transportation system components, as defined by the Secretary. 

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(3) 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. 

(4) NATIONAL ARCHITECTURE.—The term ‘‘national architecture’’ means the 

common framework for interoperability 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. 

(5) PROJECT.—The term ‘‘project’’ means a undertaking to research, develop, 

or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this subtitle. 

(6) STANDARD.—The term ‘‘standard’’ means a document that— 

(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 support the national architecture and 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. 

(7) STATE.—The term ‘‘State’’ has the meaning given the term under section 

101 of title 23, United States Code. 

(8) TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.—The term 

‘‘transportation systems management and operations’’ has the meaning given 

the term under section 101(a) of such title. 

SEC. 5609. RURAL INTERSTATE CORRIDOR COMMUNICATIONS STUDY. 

(a) STUDY.—The Secretary, in cooperation with the Secretary of Commerce, State 

departments of transportation, and other appropriate State, regional, and local officials, shall conduct a study on feasibility of installing fiber optic cabling and wireless communication infrastructure along multistate Interstate System route corridors for improved communications services to rural communities along such corridors. 

(b) CONTENTS OF STUDY.—In conducting the study, the Secretary shall identify— 

(1) impediments to installation of the infrastructure described in subsection 

(a) along multistate Interstate System route corridors and to connecting such 

infrastructure to the rural communities along such corridors; 

(2) the effective geographic range of such infrastructure; 

(3) potential opportunities for the private sector to fund, wholly or partially, 

the installation of such infrastructure; 

(4) potential benefits fiber optic cabling and wireless communication infrastructure may provide to rural communities along such corridors, including the 

effects of the installation of such infrastructure on economic development, deployment of intelligent transportation systems technologies and applications, 

homeland security precaution and response, and education and health systems 

in those communities; 

(5) rural broadband access points for such infrastructure; 

(6) areas of environmental conflict with such installation; 

(7) real estate ownership issues relating to such installation; 

(8) preliminary design for placement of fiber optic cable and wireless towers; 

(9) monetary value of the rights-of-way necessary for such installation; 

(10) applicability and transferability of the benefits of such installation to 

other rural corridors; and 

(11) safety and other operational issues associated with the installation and 

maintenance of fiber optic cabling and wire infrastructure within Interstate 

System rights-of-way and other publicly owned rights-of-way. 

(c) CORRIDOR LOCATIONS.—The study required under subsection (a) shall be conducted for corridors along— 

(1) Interstate Route I–90 through rural Wisconsin, southern Minnesota, 

northern Iowa, and South Dakota; 

(2) Interstate Route I–20 through Alabama, Mississippi, and northern Louisiana; 

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(3) Interstate Route I–91 through Vermont, New Hampshire, and Massachusetts; and 

(4) any other rural corridor the Secretary considers appropriate. 

(d) FEDERAL SHARE.—The Federal share of the cost of the study shall be 100 percent. 

(e) REPORT TO CONGRESS.—Not later than September 30, 2006, the Secretary shall 

transmit to Congress a report on the results of the study, including any recommendations of the Secretary. 

(f) FUNDING.—Of the amounts made available under section 5101(a)(5), $1,000,000 

shall be available for fiscal year 2005, and $2,000,000 for fiscal year 2006, to carry 

out this section. 

SEC. 5610. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE. 

(a) ESTABLISHMENT.—The Secretary shall establish 3 centers for surface transportation excellence. 

(b) GOALS.—The goals of the centers for surface transportation excellence are to 

promote and support strategic national surface transportation programs and activities relating to the work of State departments of transportation in the areas of environment, rural safety, and project finance. 

(c) ROLE OF CENTERS.—To achieve the goals set forth in subsection (b), the Secretary shall establish the 3 centers as follows: 

(1) ENVIRONMENTAL EXCELLENCE.—To provide technical assistance, information sharing of best practices, and training in the use of tools and decision-making processes that can assist States in planning and delivering environmentally 

sound surface transportation projects. 

(2) RURAL SAFETY.—To provide research, training, and outreach on innovative 

uses of technology to enhance rural safety and economic development, assess 

local community needs to improve access to mobile emergency treatment, and 

develop online and seminar training needs of rural transportation practitioners 

and policy-makers. 

(3) PROJECT FINANCE.—To provide support to State transportation departments in the development of finance plans and project oversight tools and to 

develop and offer training in state of the art financing methods to advance 

projects and leverage funds. 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—Of the amounts made available under section 5101(a)(1), the 

Secretary shall make available $2,000,000 for each of fiscal years 2004 through 

2009 to carry out this section. 

(2) ALLOCATION OF FUNDS.—Of the funds made available under paragraph (1) 

the Secretary shall use such amounts as follows: 

(A) 40 percent to establish the Center for Environmental Excellence. 

(B) 30 percent to establish the Center for Excellence in Rural Safety. 

(C) 30 percent to establish the Center for Excellence in Project Finance. 

(3) APPLICABILITY OF TITLE 23.—Funds authorized by this section shall be 

available for obligation in the same manner as if such funds were apportioned 

under chapter 1 of title 23, United States Code, except that the Federal share 

shall be 100 percent. 

(e) PROGRAM ADMINISTRATION.— 

(1) COMPETITION.—A party entering into a contract, cooperative agreement, or 

other transaction with the Secretary, or receiving a grant to perform research 

or provide technical assistance under this section shall be selected on a competitive basis, to the maximum extent practicable. 

(2) STRATEGIC PLAN.—The Secretary shall require each center to develop a 

multiyear strategic plan that describes— 

(A) the activities to be undertaken; and 

(B) how the work of the center is coordinated with the activities of the 

Federal Highway Administration and the various other research, development, and technology transfer activities authorized by this title. Such plans 

shall be submitted to the Secretary by January 1, 2006, and each year 

thereafter. 

SEC. 5611. REPEAL. 

Subtitle C of title V of The Transportation Equity Act for the 21st Century (23 

U.S.C. 502 note; 112 Stat. 452–463) is repealed. 

SEC. 5612. SPECIAL RULE FOR FISCAL YEAR 2004. 

In any case in which an amount is authorized to be appropriated, made available, 

allocated, set aside, taken down, or subject to an obligation limitation for fiscal year 

2004 for a program, project, or activity in any provision of this title, including an 

amendment made by this title, that is different than the amount authorized to be 

345 

appropriated, made available, allocated, set aside, taken down, or subject to an obligation limitation for fiscal year 2004 for such program, project, or activity in any 

provision of the Surface Transportation Extension Act of 2004, Part V (Public Law 

108–310), including any amendment made by such Act, the amount referred to in 

such Act shall be the amount authorized to be appropriated, made available, allocated, set aside, taken down, or subject to an obligation limitation. 

TITLE VI—TRANSPORTATION PLANNING AND 

PROJECT DELIVERY 

SEC. 6001. TRANSPORTATION PLANNING. 

(a) IN GENERAL.—Subtitle III of title 49, United States Code, is amended by inserting after chapter 51 the following: 

‘‘CHAPTER 52—TRANSPORTATION PLANNING AND PROJECT 

DELIVERY 

‘‘SUBCHAPTER A—GENERAL PROVISIONS

‘‘Sec. 

‘‘5201. Definitions. 

‘‘SUBCHAPTER B—TRANSPORTATION PLANNING AND PROJECT DELIVERY

‘‘5211. Policy. 

‘‘5212. Definitions. 

‘‘5213. Metropolitan transportation planning. 

‘‘5214. Statewide transportation planning. 

‘‘SUBCHAPTER C—EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING

‘‘5251. Definitions and applicability. 

‘‘5252. Project development procedures. 

‘‘SUBCHAPTER A—GENERAL PROVISIONS 

‘‘§ 5201. Definitions 

‘‘In this chapter, the following definitions apply: 

‘‘(1) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. 

‘‘(2) STATE.—The term ‘State’ means a State of the United States, the District 

of Columbia, and Puerto Rico. 

‘‘SUBCHAPTER B—TRANSPORTATION PLANNING AND PROJECT DELIVERY 

‘‘§ 5211. Policy 

‘‘(a) IN GENERAL.—It is in the national interest to— 

‘‘(1) encourage and promote the safe and efficient management, operation, and 

development of surface transportation systems that will serve the mobility 

needs of people and freight and foster economic growth and development within 

and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide 

transportation planning processes identified in this chapter; and 

‘‘(2) encourage the continued improvement and evolution of the metropolitan 

and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as 

guided by the planning factors identified in sections 5213(f) and 5214(d). 

‘‘(b) COMMON TRANSPORTATION PLANNING PROGRAM.—This subchapter provides a 

common transportation planning program to be administered by the Federal Highway Administration and the Federal Transit Administration. 

‘‘§ 5212. Definitions 

‘‘(a) APPLICABILITY BY REFERENCE.—Unless otherwise specified in subsection (b), 

the definitions in section 101(a) of title 23 and section 5302 are applicable to this 

subchapter. 

‘‘(b) ADDITIONAL DEFINITIONS.—In this subchapter, the following definitions apply: 

‘‘(1) METROPOLITAN PLANNING AREA.—The term ‘metropolitan planning area’ 

means the geographic area determined by agreement between the metropolitan 

planning organization for the area and the Governor under section 5213(c). 

‘‘(2) METROPOLITAN PLANNING ORGANIZATION.—The term ‘metropolitan planning organization’ means the policy board of an organization created as a result 

of the designation process in section 5213(b). 

‘‘(3) NONMETROPOLITAN AREA.—The term ‘nonmetropolitan area’ means a geographic area outside designated metropolitan planning areas. 

346 

‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The term ‘nonmetropolitan local official’ means elected and appointed officials of general purpose local government 

in a nonmetropolitan area with responsibility for transportation. 

‘‘(5) TIP.—The term ‘TIP’ means a transportation improvement program developed by a metropolitan planning organization under section 5213. 

‘‘(6) URBANIZED AREA.—The term ‘urbanized area’ means a geographic area 

with a population of 50,000 or more, as designated by the Bureau of the Census. 

‘‘§ 5213. Metropolitan transportation planning 

‘‘(a) GENERAL REQUIREMENTS.— 

‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To accomplish the objectives in section 5211, metropolitan planning organizations designated under 

subsection (b), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs for metropolitan planning areas of the State. 

‘‘(2) CONTENTS.—The plans and TIPs for each metropolitan area shall provide 

for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation 

system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. 

‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing the plans and 

TIPs shall provide for consideration of all modes of transportation and shall be 

continuing, cooperative, and comprehensive to the degree appropriate, based on 

the complexity of the transportation problems to be addressed. 

‘‘(b) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.— 

‘‘(1) IN GENERAL.—To carry out the transportation planning process required 

by this section, a metropolitan planning organization shall be designated for 

each urbanized area with a population of more than 50,000 individuals— 

‘‘(A) by agreement between the Governor and units of general purpose 

local government that together represent at least 75 percent of the affected 

population (including the largest incorporated city (based on population) as 

named by the Bureau of the Census); or 

‘‘(B) in accordance with procedures established by applicable State or 

local law. 

‘‘(2) STRUCTURE.—Each metropolitan planning organization that serves an 

area designated as a transportation management area, when designated or redesignated under this subsection, shall consist of— 

‘‘(A) local elected officials; 

‘‘(B) officials of public agencies that administer or operate major modes 

of transportation in the metropolitan area; and 

‘‘(C) appropriate State officials. 

‘‘(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this subsection 

shall be construed to interfere with the authority, under any State law in effect 

on December 18, 1991, of a public agency with multimodal transportation responsibilities to— 

‘‘(A) develop the plans and TIPs for adoption by a metropolitan planning 

organization; and 

‘‘(B) develop long-range capital plans, coordinate transit services and 

projects, and carry out other activities pursuant to State law. 

‘‘(4) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in 

effect until the metropolitan planning organization is redesignated under paragraph (5). 

‘‘(5) REDESIGNATION PROCEDURES.—A metropolitan planning organization may 

be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing 

planning area population (including the largest incorporated city (based on population) as named by the Bureau of the Census) as appropriate to carry out this 

section. 

‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING ORGANIZATION.— 

More than 1 metropolitan planning organization may be designated within an 

existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the 

existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate. 

‘‘(c) METROPOLITAN PLANNING AREA BOUNDARIES.— 

347 

‘‘(1) IN GENERAL.—For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor. 

‘‘(2) INCLUDED AREA.—Each metropolitan planning area— 

‘‘(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for 

the transportation plan; and 

‘‘(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. 

‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN EXISTING PLANNING

AREA BOUNDARIES.—The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the 

redesignation of the existing metropolitan planning organization. 

‘‘(4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 

U.S.C. 7401 et seq.) as of the date of enactment of this paragraph, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained; except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the 

manner described in subsection (b)(5). 

‘‘(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of 

an urbanized area designated after the date of enactment of this paragraph as 

a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— 

‘‘(A) shall be established in the manner described in subsection (b)(1); 

‘‘(B) shall encompass the areas described in paragraph (2)(A); 

‘‘(C) may encompass the areas described in paragraph (2)(B); and 

‘‘(D) may address any nonattainment area identified under the Clean Air 

Act for ozone or carbon monoxide. 

‘‘(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. 

‘‘(e) MPO CONSULTATION IN PLAN AND TIP COORDINATION.— 

‘‘(1) NONATTAINMENT AREAS.—If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated 

as a nonattainment area for ozone or carbon monoxide under the Clean Air Act, 

each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. 

‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE MPOS.—If a transportation improvement funded from the Highway Trust Fund or authorized 

under chapter 53 is located within the boundaries of more than 1 metropolitan 

planning area, the metropolitan planning organizations shall coordinate plans 

and TIPs regarding the transportation improvement. 

‘‘(3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS.—The Secretary shall encourage each metropolitan planning organization to consult with those officials 

responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, environmental protection, airport operations, and freight movements) or 

to coordinate its planning process, to the maximum extent practicable, with 

such planning activities. Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related 

planning activities within the metropolitan area, and the process shall provide 

for the design and delivery of transportation services within the metropolitan 

area that are provided by— 

‘‘(A) recipients of assistance under chapter 53; 

‘‘(B) 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; and 

‘‘(C) recipients of assistance under section 204 of title 23. 

‘‘(f) SCOPE OF PLANNING PROCESS.— 

‘‘(1) IN GENERAL.—The goals and objectives developed through the metropolitan planning process for a metropolitan planning area under this section shall 

address the following factors as they relate to the performance of the metropolitan area transportation systems: 

348 

‘‘(A) Support of the economic vitality of the metropolitan area, especially 

by enabling global competitiveness, productivity, and efficiency. 

‘‘(B) Increases in the safety and security of the transportation system for 

motorized and nonmotorized users. 

‘‘(C) Increases in the accessibility and mobility of people and for freight. 

‘‘(D) Protection and enhancement of the environment, promotion of energy 

conservation, improvement of the quality of life, and promotion of consistency between transportation improvements and State and local planned 

growth and economic development patterns. 

‘‘(E) Enhancement of the integration and connectivity of the transportation system, across and between modes, for people and freight. 

‘‘(F) Promotion of efficient system management and operation. 

‘‘(G) Emphasis on the preservation of the existing transportation system. 

‘‘(2) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under title 23 or this 

title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter 

affecting a transportation plan, a TIP, a project or strategy, or the certification 

of a planning process. 

‘‘(g) DEVELOPMENT OF TRANSPORTATION PLAN.— ‘‘(2) TRANSPORTATION PLAN.—A 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 major roadways, transit, multimodal and intermodal facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and 

regional transportation functions. In formulating the transportation plan, 

the metropolitan planning organization shall consider factors described in 

subsection (f) as such factors relate to a 20-year forecast period. 

‘‘(B) A financial plan that demonstrates how the adopted 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. For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and 

State shall cooperatively develop estimates of funds that will be available 

to support plan implementation. 

‘‘(C) Operational and management strategies to improve the performance 

of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods. 

‘‘(D) Capital investment and other strategies to preserve the existing and 

projected future metropolitan transportation infrastructure and provide for 

multimodal capacity increases based on regional priorities and needs. 

‘‘(E) Proposed transportation and transit 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 transportation plan with the process for development of the transportation 

control measures of the State implementation plan required by the Clean Air 

Act. 

‘‘(4) PARTICIPATION BY INTERESTED PARTIES.—Before approving a transportation plan, each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, 

freight shippers, providers of freight transportation services, private providers 

of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan, in a manner that the Secretary deems appropriate. 

‘‘(5) PUBLICATION.—A transportation plan involving Federal participation 

shall be published or otherwise made readily available by the metropolitan 

planning organization for public review and submitted for information purposes 

to the Governor at such times and in such manner as the Secretary shall establish. 

‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—Notwithstanding paragraph (2)(B), a State or metropolitan planning organization shall not be reVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00350 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
349 

quired to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B). 

‘‘(h) METROPOLITAN TIP.— 

‘‘(1) DEVELOPMENT.— ‘‘(A) IN GENERAL.—In cooperation with the State and any affected public 

transportation operator, the metropolitan planning organization designated 

for a metropolitan area shall develop a TIP for the area for which the organization is designated. 

‘‘(B) OPPORTUNITY FOR COMMENT.—In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected 

public transportation operator, shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, 

providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of 

the disabled, representatives of users of pedestrian walkways and bicycle 

facilities, and other interested parties with a reasonable opportunity to 

comment on the proposed TIP. 

‘‘(C) FUNDING ESTIMATES.—For the purpose of developing the TIP, the 

metropolitan planning organization, public transportation 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 TIP shall be updated at least once 

every 4 years and shall be approved by the metropolitan planning organization and the Governor. 

‘‘(2) CONTENTS.— 

‘‘(A) PRIORITY LIST.—The TIP shall include a priority list of proposed federally supported projects and strategies to be carried out within each 4-year 

period after the initial adoption of the TIP. 

‘‘(B) FINANCIAL PLAN.—The TIP shall include a financial plan that— 

‘‘(i) demonstrates how the TIP 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 TIP if reasonable additional resources beyond those identified in the financial plan were available. 

‘‘(C) DESCRIPTIONS.—Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar 

factors) to identify the project or phase of the project. 

‘‘(D) CONGESTION RELIEF ACTIVITIES.—The TIP shall include a listing of 

congestion relief activities to be carried out to meet the requirements of section 139 of title 23, categorized as either under one or under three congestion relief activities. 

‘‘(3) INCLUDED PROJECTS.— 

‘‘(A) PROJECTS UNDER TITLE 23 AND CHAPTER 53.—A TIP developed under 

this subsection for a metropolitan area shall include the projects within the 

area that are proposed for funding under chapter 1 of title 23 and chapter 

53. 

‘‘(B) PROJECTS UNDER CHAPTER 2 OF TITLE 23.—All projects proposed for 

funding under chapter 2 of title 23 shall be identified individually in the 

TIP. 

‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION PLAN.—Each 

project shall be consistent with the long-range 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 TIP, a metropolitan planning 

organization, in cooperation with the State and any affected public transportation operator, shall provide citizens, affected public agencies, representatives 

of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users 

of public transportation, representatives of the disabled, representatives of 

users of pedestrian walkways and bicycle facilities, and other interested parties 

with reasonable notice of and an opportunity to comment on the proposed program. 

‘‘(5) SELECTION OF PROJECTS.— 

350 

‘‘(A) IN GENERAL.—Except as otherwise provided in subsection (i)(4) and 

in addition to the TIP development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, 

from the approved TIP— 

‘‘(i) by— 

‘‘(I) in the case of projects under title 23, the State; and 

‘‘(II) in the case of projects under chapter 53, the designated recipients of public transportation funding; 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 TIP 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). 

‘‘(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 TIP. 

‘‘(7) PUBLICATION.— 

‘‘(A) PUBLICATION OF TIPS.—A TIP involving Federal 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 TIP. 

‘‘(i) TRANSPORTATION MANAGEMENT AREAS.— 

‘‘(1) IDENTIFICATION AND DESIGNATION.— 

‘‘(A) REQUIRED IDENTIFICATION.—The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau 

of the Census) 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. 

‘‘(2) TRANSPORTATION PLANS.—In a metropolitan planning area serving a 

transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the 

metropolitan planning organization in cooperation with the State and public 

transportation operators. 

‘‘(3) CONGESTION MANAGEMENT PROCESS.—Within a metropolitan planning 

area serving a transportation management area, the transportation planning 

process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under title 23 and chapter 53 

through the use of travel demand reduction and operational management strategies and shall identify a sufficient number of congestion relief activities under 

section 139 of title 23 to meet the requirements of such section. The Secretary 

shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than one year after the identification 

of a transportation management area. 

‘‘(4) SELECTION OF PROJECTS.— 

‘‘(A) IN GENERAL.—All federally funded projects carried out within the 

boundaries of a metropolitan planning area serving a transportation management area under title 23 (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 shall be selected for 

implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator. 

‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects, carried out within 

the boundaries of a metropolitan planning area serving a transportation 

management area, on the National Highway System and projects carried 

out within such boundaries under the bridge program or the Interstate 

351 

maintenance program under title 23 shall be selected for implementation 

from the approved TIP 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 of a metropolitan 

planning organization serving a 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 4 years, that the requirements of this paragraph are met with 

respect to the metropolitan planning process. 

‘‘(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 TIP for the metropolitan planning area that has been 

approved by the metropolitan planning organization and the Governor. 

‘‘(C) EFFECT OF FAILURE TO CERTIFY.— 

‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a metropolitan planning 

process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up 

to 20 percent of the funds attributable to the metropolitan planning 

area of the metropolitan planning organization for projects funded 

under title 23 and chapter 53. 

‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The withheld funds shall be 

restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary. 

‘‘(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. 

‘‘(j) ABBREVIATED PLANS FOR CERTAIN AREAS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), in the case of a metropolitan area 

not designated as a transportation management area under this section, the 

Secretary may provide for the development of an abbreviated transportation 

plan and TIP for the metropolitan planning area that the Secretary determines 

is appropriate to achieve the purposes of this section, taking into account the 

complexity of transportation problems in the area. 

‘‘(2) NONATTAINMENT AREAS.—The Secretary may not permit abbreviated 

plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). 

‘‘(k) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT AREAS.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provisions of title 23 or chapter 

53, for transportation management areas classified as nonattainment for ozone 

or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be 

advanced in such area for any highway project that will result in a significant 

increase in the carrying capacity for single-occupant vehicles unless the project 

is addressed through a congestion management process. 

‘‘(2) APPLICABILITY.—This subsection applies to a nonattainment area within 

the metropolitan planning area boundaries determined under subsection (c). 

‘‘(l) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed to confer on a metropolitan planning organization the authority to impose 

legal requirements on any transportation facility, provider, or project not eligible 

under title 23 or chapter 53. 

‘‘(m) FUNDING.— 

‘‘(1) SET-ASIDES.—Funds set aside under section 104(f) of title 23 or section 

5305(h) shall be available to carry out this section. 

‘‘(2) OTHER FUNDING.—Funds made available under section 5338(c) shall be 

available to carry out this section. 

‘‘(n) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, 

individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and decisions by 

the Secretary concerning plans and TIPs described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under such Act. 

352 

‘‘§ 5214. Statewide transportation planning 

‘‘(a) GENERAL REQUIREMENTS.— 

‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—To accomplish the objectives 

stated in section 5211, each State shall develop a statewide transportation plan 

and a statewide transportation improvement program for all areas of the State 

subject to section 5213. Such program shall cover a period of 4 years and be 

updated every 4 years or more frequently if the Governor elects to update more 

frequently. 

‘‘(2) CONTENTS.—The statewide transportation plan and the transportation 

improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and 

facilities (including accessible pedestrian walkways and bicycle transportation 

facilities) that will function as an intermodal transportation system for the 

State and an integral part of an intermodal transportation system for the 

United States. 

‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing the statewide 

plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5211, and 

shall be continuing, cooperative, and comprehensive to the degree appropriate, 

based on the complexity of the transportation problems to be addressed. 

‘‘(b) COORDINATION WITH METROPOLITAN PLANNING; STATE IMPLEMENTATION

PLAN.—A State shall— 

‘‘(1) coordinate planning carried out under this section with the transportation 

planning activities carried out under section 5213 for metropolitan areas of the 

State and with statewide trade and economic development planning activities 

and related multistate planning efforts; and 

‘‘(2) develop the transportation portion of the State implementation plan as 

required by the Clean Air Act (42 U.S.C. 7401 et seq.). 

‘‘(d) SCOPE OF PLANNING PROCESS.— 

‘‘(1) IN GENERAL.—Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, 

strategies, and services that will— 

‘‘(A) support the economic vitality of the United States, the States, nonmetropolitan areas, 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 of people and freight; 

‘‘(D) protect and enhance the environment, promote energy conservation, 

improve the quality of life, and promote consistency between transportation 

improvements and State and local planned growth and economic development patterns; 

‘‘(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 of the existing transportation system. 

‘‘(2) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under title 23 or this 

title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter 

affecting a statewide transportation plan, the transportation improvement program, a project or strategy, or the certification of a planning process. 

‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out planning under this section, 

each State shall consider, at a minimum— 

‘‘(1) with respect to nonmetropolitan areas, the concerns of affected local officials with responsibility for transportation; 

‘‘(2) the concerns of Indian tribal governments and Federal land management 

agencies that have jurisdiction over land within the boundaries of the State; 

and 

‘‘(3) coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out 

outside of metropolitan planning areas and between States. 

‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION PLAN.— 

‘‘(1) DEVELOPMENT.—Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the 

State, that provides for the development and implementation of the intermodal 

transportation system of the State. 

‘‘(2) CONSULTATION WITH GOVERNMENTS.— 

353 

‘‘(A) METROPOLITAN AREAS.—The statewide transportation plan shall be 

developed for each metropolitan area in the State in cooperation with the 

metropolitan planning organization designated for the metropolitan area 

under section 5213. 

‘‘(B) NONMETROPOLITAN AREAS.—With respect to nonmetropolitan areas, 

the statewide transportation plan shall be developed in consultation with 

affected nonmetropolitan officials with responsibility for transportation. The 

Secretary shall not review or approve the consultation process in each 

State. 

‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area of the State under 

the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government 

and the Secretary of the Interior. 

‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing the statewide 

transportation plan, the State shall— 

‘‘(A) provide citizens, affected public agencies, representatives of public 

transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives of 

users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, 

and other interested parties with a reasonable opportunity to comment on 

the proposed plan; and 

‘‘(B) identify transportation strategies necessary to efficiently serve the 

mobility needs of people. 

‘‘(4) FINANCIAL PLAN.—The statewide transportation plan may include a financial plan that demonstrates how the adopted statewide 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 statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were 

available. 

‘‘(5) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—A State shall not be 

required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (4). 

‘‘(6) EXISTING SYSTEM.—The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other 

measures to ensure the preservation and most efficient use of the existing 

transportation system. 

‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.— 

‘‘(1) DEVELOPMENT.—Each State shall develop a statewide transportation improvement program for all areas of the State. 

‘‘(2) CONSULTATION WITH GOVERNMENTS.— 

‘‘(A) METROPOLITAN AREAS.—With respect to each metropolitan area in 

the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under 

section 5213. 

‘‘(B) NONMETROPOLITAN AREAS.—With respect to each nonmetropolitan 

area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation. 

The Secretary shall not review or approve the specific consultation process 

in the State. 

‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area of the State under 

the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the 

Interior. 

‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing the program, the 

State shall provide citizens, affected public agencies, representatives of public 

transportation employees, freight shippers, private providers of transportation, 

providers of freight transportation services, representatives of users of public 

transportation, representatives of users of pedestrian walkways and bicycle 

transportation facilities, representatives of the disabled, and other interested 

parties with a reasonable opportunity to comment on the proposed program. 

‘‘(4) INCLUDED PROJECTS.— 

‘‘(A) IN GENERAL.—A transportation improvement program developed 

under this subsection for a State shall include federally supported surface 

transportation expenditures within the boundaries of the State. 

354 

‘‘(B) PROJECTS UNDER CHAPTER 2 OF TITLE 23.—All projects proposed for 

funding under chapter 2 of title 23 shall be identified individually in the 

transportation improvement program. 

‘‘(C) CONSISTENCY WITH STATEWIDE TRANSPORTATION PLAN.—Each project 

shall be— 

‘‘(i) consistent with the statewide transportation plan developed 

under this section for the State; 

‘‘(ii) identical to the project or phase of the project as described in an 

approved metropolitan transportation plan; and 

‘‘(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.), 

if the project is carried out in an area designated as nonattainment for 

ozone or carbon monoxide under that Act. 

‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—The transportation 

improvement 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. 

‘‘(E) FINANCIAL PLAN.—The transportation improvement program may include a financial plan that demonstrates how the approved transportation 

improvement program can be implemented, indicates resources from public 

and private sources that are reasonably expected to be made available to 

carry out the transportation improvement program, 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. 

‘‘(F) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 

‘‘(i) NO REQUIRED SELECTION.—Notwithstanding subparagraph (E), a 

State shall not be required to select any project from the illustrative 

list of additional projects included in the financial plan under subparagraph (E). 

‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—Action by the Secretary 

shall be required for a State to select any project from the illustrative 

list of additional projects included in the financial plan under subparagraph (E) for inclusion in an approved transportation improvement program. 

‘‘(G) PRIORITIES.—The transportation improvement program shall reflect 

the priorities for programming and expenditures of funds, including transportation enhancement activities, required by title 23 and chapter 53. 

‘‘(H) PRIORITIZATION OF CONGESTION RELIEF ACTIVITIES.—The transportation improvement program shall reflect the priorities for congestion relief 

activities included in the metropolitan transportation plan to meet the requirements of section 139 of title 23. 

‘‘(5) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000 POPULATION.— 

Projects carried out in areas with populations of less than 50,000 individuals 

shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program 

under title 23 or sections 5310, 5311, 5316, and 5317), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for 

transportation. Projects carried out in areas with populations of less than 

50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under title 23 or under sections 

5310, 5311, 5316, and 5317 shall be selected, from the approved statewide 

transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation. 

‘‘(6) TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL.—Every 4 years, a 

transportation improvement program developed under this subsection shall be 

reviewed and approved by the Secretary if based on a current planning finding. 

‘‘(7) PLANNING FINDING.—A finding shall be made by the Secretary at least 

every 4 years that the transportation planning process through which statewide 

transportation plans and programs are developed is consistent with this section 

and section 5213. 

‘‘(8) 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. 

355 

‘‘(h) FUNDING.— 

‘‘(1) SET-ASIDE.—Funds set aside pursuant to section 104(i) of title 23 shall 

be available to carry out this section. 

‘‘(2) OTHER FUNDING.—Funds made available under section 5338(c) shall be 

available to carry out this section. 

‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION MANAGEMENT PROCESSES.—For purposes of this section and section 5213, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the 

congestion management process under section 5213(i)(3) if the Secretary finds that 

the State laws, rules, or regulations are consistent with, and fulfill the intent of, 

the purposes of section 5213, as appropriate. 

‘‘(j) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since the statewide transportation plan and the transportation improvement program described in this section 

are subject to a reasonable opportunity for public comment, since individual projects 

included in the statewide transportation plans and the transportation improvement 

program are subject to review under the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide 

transportation plans or the transportation improvement program described in this 

section have not been reviewed under such Act as of January 1, 1997, any decision 

by the Secretary concerning a metropolitan or statewide transportation plan or the 

transportation improvement program described in this section shall not be considered to be a Federal action subject to review under such Act.’’. 

(b) CONFORMING AMENDMENT.—The analysis for such subtitle is amended by inserting the following after the item relating to chapter 51: 

‘‘52. Transportation planning and project delivery. ........................................................................................... 5201’’. 

SEC. 6002. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING. 

(a) POLICY AND PURPOSE.— 

(1) POLICY.—The Enlibra principles, as initially developed by the Western 

Governors Association and adopted by the National Governors Association, represent a sound basis for interaction among the Federal, State, local governments, and Indian tribes on environmental matters and should be followed in 

the development of highway construction and public transit improvements. 

These principles are as follows: 

(A) Assign responsibilities at the right level. 

(B) Use collaborative processes to break down barriers and find solutions. 

(C) Move to a performance-based system. 

(D) Separate subjective choices from objective data gathering. 

(E) Pursue economic incentives whenever appropriate. 

(F) Ensure environmental understanding. 

(G) Make sure environmental decisions are fully informed. 

(H) Use appropriate geographic boundaries for environmental problems. 

(2) PURPOSE.—The purpose of this section is to reduce delays in the delivery 

of highway construction and public transportation capital projects arising from 

the environmental review process, while continuing to ensure the protection of 

the human and natural environment. 

(b) PROJECT DEVELOPMENT PROCEDURES.—Chapter 52 of title 49, United States 

Code, as added by section 6001(a) of this Act, is amended by adding at the end the 

following: 

‘‘SUBCHAPTER C—EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 

DECISIONMAKING 

‘‘§ 5251. Definitions and applicability 

‘‘(a) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) AGENCY.—The term ‘agency’ means any agency, department, or other unit 

of Federal, State, local, or Indian tribal government. 

‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—The term ‘environmental impact 

statement’ means the detailed statement of environmental impacts 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 an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared 

under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.). 

‘‘(B) INCLUSIONS.—The term includes the process for and completion of 

any environmental permit, approval, review, or study required for a project 

356 

under any Federal law other than the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.). 

‘‘(4) LEAD AGENCY.—The term ‘lead agency’ means the Department of Transportation and, if applicable, any State or local governmental entity serving as 

a joint lead agency pursuant to this section. 

‘‘(5) MULTIMODAL PROJECT.—The term ‘multimodal project’ means a project 

funded, in whole or in part, under title 23 or chapter 53 and involving the participation of more than one Department of Transportation administration or 

agency. 

‘‘(6) PROJECT.—The term ‘project’ means any highway project, public transportation capital project, or multimodal project that requires the approval of the 

Secretary. 

‘‘(7) PROJECT SPONSOR.—The term ‘project sponsor’ means the agency or other 

entity, including any private or public-private entity, that seeks approval of the 

Secretary for a project. 

‘‘(8) STATE TRANSPORTATION DEPARTMENT.—The term ‘State transportation department’ means any statewide agency of a State with responsibility for one or 

more modes of transportation. 

‘‘(b) APPLICABILITY.—This subchapter is applicable to all projects for which an environmental impact statement is prepared under the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.). This subchapter may be applied, to the extent 

determined appropriate by the Secretary, to other projects for which an environmental document is prepared pursuant to such Act. Any authorities granted in this 

subchapter may be exercised for a project, class of projects, or program of projects. 

‘‘§ 5252. Project development procedures 

‘‘(a) LEAD AGENCIES.— 

‘‘(1) FEDERAL LEAD AGENCY.—The Department of Transportation shall be the 

Federal lead agency in the environmental review process for a project. 

‘‘(2) PROJECT SPONSOR AS JOINT LEAD AGENCY.—Any project sponsor that is a 

State or local governmental entity receiving funds under title 23 or chapter 53 

for the project shall serve as a joint lead agency with the Department for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and may prepare any such 

environmental document required in support of any action or approval by the 

Secretary if the Federal lead agency furnishes guidance in such preparation and 

independently evaluates such document and the document is approved and 

adopted by the Secretary prior to the Secretary taking any subsequent action 

or making any approval based on such document, whether or not the Secretary’s 

action or approval results in Federal funding. 

‘‘(3) ENSURING COMPLIANCE.—The Secretary shall ensure that the project 

sponsor complies with all design and mitigation commitments made jointly by 

the Secretary and the project sponsor in any environmental document prepared 

by the project sponsor in accordance with this subsection and that such document is appropriately supplemented if project changes become necessary. 

‘‘(4) ADOPTION AND USE OF DOCUMENTS.—Any environmental document prepared in accordance with this subsection may be adopted or used by any Federal agency making any approval to the same extent that such Federal agency 

could adopt or use a document prepared by another Federal agency. 

‘‘(b) PARTICIPATING AGENCIES.— 

‘‘(1) IN GENERAL.—The lead agency shall be responsible for inviting and designating participating agencies in accordance with this subsection. 

‘‘(2) INVITATION.—The lead agency shall identify, as early as practicable in the 

environmental review process for a project, any other Federal and non-Federal 

agencies that may have an interest in the project, and shall invite such agencies 

to become participating agencies in the environmental review process for the 

project. The invitation shall set a deadline for responses to be submitted. The 

deadline may be extended by the lead agency for good cause. 

‘‘(3) FEDERAL PARTICIPATING AGENCIES.—Any Federal agency that is invited 

by the lead agency to participate in the environmental review process for a 

project shall be designated as a participating 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 participating agency under 

this subsection shall not imply that the participating agency— 

‘‘(A) supports a proposed project; or 

357 

‘‘(B) has any jurisdiction over, or special expertise with respect to evaluation of, the project. 

‘‘(5) COOPERATING AGENCY.—A participating agency may also be designated by 

a lead agency as a ‘cooperating agency’ under the regulations contained in part 

1500 of title 40, Code of Federal Regulations. 

‘‘(6) DESIGNATIONS FOR CATEGORIES OF PROJECTS.—The Secretary may exercise the authorities granted under this subsection for a project, class of projects, 

or program of projects. 

‘‘(c) PROJECT INITIATION.— ‘‘(1) IN GENERAL.—The project sponsor shall initiate the environmental review 

process for a project by submitting an initiation notice to the Secretary. 

‘‘(2) CONTENTS OF NOTICE.—The initiation notice shall include, at a minimum, 

a brief description of the type of work, termini, length, and general location of 

the proposed project, together with a statement of any Federal approvals anticipated to be needed for the project. 

‘‘(d) PURPOSE AND NEED.— ‘‘(1) PARTICIPATION.—As early as practicable during the environmental review 

process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in defining the purpose and need for a project. 

‘‘(2) DEFINITION.—Following participation under paragraph (1), the lead agency shall define the project’s purpose and need for purposes of any document 

which the lead agency is responsible for preparing for the project. 

‘‘(3) OBJECTIVES.—The statement of purpose and need shall include a clear 

statement of the objectives that the proposed action is intended to achieve, 

which may include— 

‘‘(A) achieving a transportation objective identified in an applicable statewide or metropolitan transportation plan; 

‘‘(B) supporting land use, economic development, or growth objectives established in applicable Federal, State, local, or tribal plans; and 

‘‘(C) serving national defense, national security, or other national objectives, as established in Federal laws, plans, or policies. 

‘‘(e) ALTERNATIVES ANALYSIS.— 

‘‘(1) PARTICIPATION.—As early as practicable during the environmental review 

process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be 

considered for a project. 

‘‘(2) RANGE OF ALTERNATIVES.—Following participation under paragraph (1), 

the lead agency shall determine the range of alternatives for consideration in 

any document which the lead agency is responsible for preparing for the project. 

‘‘(3) METHODOLOGIES.—The lead agency also shall determine, in collaboration 

with participating agencies at appropriate times during the study process, the 

methodologies to be used and the level of detail required in the analysis of each 

alternative for a project. 

‘‘(4) PREFERRED ALTERNATIVE.—At the discretion of the lead agency, the preferred alternative for a project, after being identified, may be developed to a 

higher level of detail than other alternatives in order to facilitate the development of mitigation measures or concurrent compliance with other applicable 

laws if the lead agency determines that the development of such higher level 

of detail will not prevent the lead agency from making an impartial decision as 

to whether to accept another alternative which is being considered in the environmental review process. 

‘‘(f) COMMENT DEADLINES.—The lead agency shall establish the following deadlines for comment during the environmental review process for a project: 

‘‘(1) For comments by agencies and the public on a draft environmental impact statement, a period of no more than 60 days from the date of public availability of such document, unless— 

‘‘(A) a different deadline is established by agreement of the lead agency, 

the project sponsor, and all participating agencies; or 

‘‘(B) the deadline is extended by the lead agency for good cause. 

‘‘(2) For all other comment periods established by the lead agency for agency 

or public comments in the environmental review process, a period of no more 

than 30 days from availability of the materials on which comment is requested, 

unless— 

‘‘(A) a different deadline is established by agreement of the lead agency, 

the project sponsor, and all participating agencies; or 

‘‘(B) the deadline is extended by the lead agency for good cause. 

‘‘(g) ISSUE IDENTIFICATION AND RESOLUTION.— 

‘‘(1) COOPERATION.—The lead agency and the participating agencies shall 

work cooperatively in accordance with this section to identify and resolve issues 

358 

that could delay completion of the environmental review process or could result 

in denial of any approvals required for the project under applicable laws. 

‘‘(2) LEAD AGENCY RESPONSIBILITIES.—The lead agency shall make information 

available to the participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources 

located within the project area and the general locations of the alternatives 

under consideration. Such information may be based on existing data sources, 

including geographic information systems mapping. 

‘‘(3) PARTICIPATING AGENCY RESPONSIBILITIES.—Based on information received 

from the lead agency, participating agencies shall identify, as early as practicable, any issues of concern regarding the project’s potential environmental or 

socioeconomic impacts. In this paragraph, issues of concern include any issues 

that could substantially delay or prevent an agency from granting a permit or 

other approval that is needed for the project. 

‘‘(4) ISSUE RESOLUTION.—Whenever issues of concern are identified or at any 

time upon request of a project sponsor, the lead agency shall promptly convene 

a meeting with the relevant participating agencies. If a resolution cannot be 

achieved within 30 days following such a meeting and a determination by the 

lead agency that all information necessary to resolve the issue has been obtained, the lead agency shall notify the heads of all Federal agencies involved 

in the meeting and the Committee on Environment and Public Works of the 

Senate and the Committee on Transportation and Infrastructure of the House 

of Representatives and shall publish such notification in the Federal Register. 

‘‘(h) PARTICIPATION OF STATE AGENCIES.—For any project eligible for assistance 

under title 23 or chapter 53, a State may require, under procedures established by 

State law, 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 agency’s participation would not be in the public 

interest. A State participating in the review process must require all State agencies 

with jurisdiction to be subject to and comply with the review process to the same 

extent as a Federal agency. 

‘‘(i) ASSISTANCE TO AFFECTED STATE AND FEDERAL AGENCIES.— 

‘‘(1) IN GENERAL.—For a project that is subject to the environmental review 

process established under this section and for which funds are made available 

to a State under title 23 or chapter 53, the Secretary may approve a request 

by the State to provide funds so made available to affected Federal agencies (including the Department of Transportation), State agencies, and Indian tribes 

participating in the environmental review process for the project. Such funds 

may be provided only to support activities that directly and meaningfully contribute to expediting and improving transportation project planning and delivery. Such activities may include dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic 

agreements. The Secretary may also use funds made available under section 

204 of title 23 for a project for the purposes specified in this subsection with 

respect to the environmental review process for the project. 

‘‘(2) AMOUNTS.—Requests under paragraph (1) may be approved only for the 

additional amounts that the Secretary determines are necessary for the Federal 

agencies, State agencies, or Indian tribes participating in the environmental review process to meet the time limits for environmental review. 

‘‘(3) CONDITION.—A request under paragraph (1) to expedite time limits for 

environmental review may be approved only if such time limits are less than 

the customary time necessary for such review.’’. 

(c) EXISTING ENVIRONMENTAL REVIEW PROCESSES.—Nothing in this section shall 

be deemed to affect any existing environmental review process approved by the Secretary. 

SEC. 6003. POLICY ON HISTORIC SITES. 

(a) TITLE 49.—Section 303 of title 49, United States Code, is amended by adding 

at the end the following: 

‘‘(d) SPECIAL RULES FOR HISTORIC SITES.— 

‘‘(1) IN GENERAL.—The requirements of this section are deemed to be satisfied 

in any case in which the treatment of a historic site has been agreed upon in 

accordance with section 106 of the National Historic Preservation Act (16 U.S.C. 

470f) and the agreement includes a determination that the program or project 

will not have an adverse effect on the historic site. 

359 

‘‘(2) LIMITATION ON APPLICABILITY.—This subsection does not apply in any 

case in which the Advisory Council on Historic Preservation determines, concurrent with or prior to the conclusion of section 106 consultation, that allowing 

section 106 compliance to satisfy the requirements of this section would be inconsistent with the objectives of the National Historic Preservation Act. The 

Council shall make such a determination if petitioned to do so by a section 106 

consulting party, unless the Council affirmatively finds that the views of the requesting party have been adequately considered and that section 106 compliance will adequately protect historic properties. 

‘‘(3) DEFINITIONS.—In this subsection, the following definitions apply: 

‘‘(A) SECTION 106 CONSULTATION.—The term ‘section 106 consultation’ 

means the consultation process required under section 106 of the National 

Historic Preservation Act (16 U.S.C. 470f). 

‘‘(B) ADVERSE EFFECT.—The term ‘adverse effect’ means altering, directly 

or indirectly, any of the characteristics of a historic property that qualify 

the property for inclusion in the National Register in a manner that would 

diminish the integrity of the property’s location, design, setting, materials, 

workmanship, feeling, or association.’’. 

(b) TITLE 23.—Section 138 of title 23, United States Code is amended— 

(1) by inserting ‘‘(a) Policy.—’’ before ‘‘It is’’; and 

(2) by striking ‘‘In carrying’’ and inserting the following: 

‘‘(c) STUDIES.—In carrying’’; and 

(3) by inserting after subsection (a) (as designated by paragraph (1)) the following: 

‘‘(b) SPECIAL RULES FOR HISTORIC SITES.— 

‘‘(1) IN GENERAL.—The requirements of this section are deemed to be satisfied 

in any case in which the treatment of a historic site has been agreed upon in 

accordance with section 106 of the National Historic Preservation Act (16 U.S.C. 

470f) and the agreement includes a determination that the program or project 

will not have an adverse effect on the historic site. 

‘‘(2) LIMITATION ON APPLICABILITY.—This subsection does not apply in any 

case in which the Advisory Council on Historic Preservation determines, concurrent with or prior to the conclusion of section 106 consultation, that allowing 

section 106 compliance to satisfy the requirements of this section would be inconsistent with the objectives of the National Historic Preservation Act. The 

Council shall make such a determination if petitioned to do so by a section 106 

consulting party, unless the Council affirmatively finds that the views of the requesting party have been adequately considered and that section 106 compliance will adequately protect historic properties. 

‘‘(3) DEFINITIONS.—In this subsection, the following definitions apply: 

‘‘(A) SECTION 106 CONSULTATION.—The term ‘section 106 consultation’ 

means the consultation process required under section 106 of the National 

Historic Preservation Act (16 U.S.C. 470f). 

‘‘(B) ADVERSE EFFECT.—The term ‘adverse effect’ means altering, directly 

or indirectly, any of the characteristics of a historic property that qualify 

the property for inclusion in the National Register in a manner that would 

diminish the integrity of the property’s location, design, setting, materials, 

workmanship, feeling, or association.’’. 

SEC. 6004. EXEMPTION OF INTERSTATE SYSTEM. 

Section 103(c) of title 23, United States Code, is amended by adding at the end 

the following: 

‘‘(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.—Subject to subparagraph (C), 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 is listed on, or eligible 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. 

‘‘(C) CONSTRUCTION, MAINTENANCE, RESTORATION, AND REHABILITATION

ACTIVITIES.—Subparagraph (B) does not prohibit a State from carrying out 

construction, maintenance, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with section 303 of title 49 or section 138 of this title, as applicable, 

360 

and section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 

470f).’’. 

SEC. 6005. INTERSTATE COMPACTS. 

Section 5213(d), as inserted by section 6001(a) of this Act, is amended by inserting 

after paragraph (1) the following: 

‘‘(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 and 

section 5214. 

‘‘(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 accordance 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. 

‘‘(II) FUNDING.—In addition to funds made available to the metropolitan planning organization under other provisions of title 23 

and under chapter 53, not more than 1 percent of the funds allocated under section 202 of title 23 may 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 of title 23, be funded using 

funds allocated under section 202 of title 23. 

‘‘(4) RESERVATION OF RIGHTS.—The right to alter, amend or repeal interstate 

compacts entered into under this subsection is expressly reserved.’’. 

SEC. 6006. DEVELOPMENT OF TRANSPORTATION PLAN. 

Section 5213(g), as inserted by section 6001(a) of this Act, is amended by inserting 

before paragraph (2) the following: 

‘‘(1) IN GENERAL.—Each metropolitan planning organization shall prepare, 

and update periodically, according to a schedule that the Secretary determines 

to be appropriate, a transportation plan for its metropolitan planning area in 

accordance with the requirements of this subsection. The metropolitan planning 

organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following: 

‘‘(A) Any area designated as nonattainment, as defined in section 107(d) 

of the Clean Air Act (42 U.S.C. 7407(d)). 

361 

‘‘(B) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 

7407(d)(3)) and that is subject to a maintenance plan under section 175A 

of that Act (42 U.S.C. 7505a). 

In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 4 years unless the metropolitan planning organization elects to update more frequently.’’. 

SEC. 6007. INTERSTATE AGREEMENTS. 

Section 5214, as inserted by section 6001(a) of this Act, is amended by inserting 

after subsection (b) the following: 

‘‘(c) INTERSTATE AGREEMENTS.— 

‘‘(1) IN GENERAL.—The consent of Congress is granted to 2 or more States entering 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 related to interstate areas and localities in the 

States and establishing authorities the States consider desirable for making the 

agreements and compacts effective. 

‘‘(2) RESERVATION OF RIGHTS.—The right to alter, amend or repeal interstate 

compacts entered into under this subsection is expressly reserved.’’. 

SEC. 6008. REGULATIONS RELATING TO TRANSPORTATION PLANNING. 

Not later than 18 months after the date of enactment of this Act, the Secretary 

shall issue regulations that are consistent with the provisions of subchapter B of 

chapter 52 of title 49, United States Code, that relate to the Clean Air Act. 

SEC. 6009. SPECIAL RULES RELATING TO PROJECT DEVELOPMENT PROCEDURES. 

Section 5252 of title 49, United States Code, as inserted by section 6001(a) of this 

Act, is amended by adding at the end the following: 

‘‘(j) JUDICIAL REVIEW AND SAVINGS CLAUSE.— 

‘‘(1) JUDICIAL REVIEW.—Except as set forth under subsection (k), nothing in 

this section shall affect the reviewability of any final Federal agency action in 

a court of the United States. 

‘‘(2) SAVINGS CLAUSE.—Nothing in this section shall be construed as superseding, amending, or modifying 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. 

‘‘(3) LIMITATIONS.—Nothing in this section shall preempt or interfere with— 

‘‘(A) any practice of seeking, considering, or responding to public comment; or 

‘‘(B) any power, jurisdiction, responsibility, or authority that a Federal, 

State, or local government agency, metropolitan planning organization, Indian tribe, or project sponsor has with respect to carrying out a project or 

any other provisions of law applicable to projects, plans, or programs. 

‘‘(k) LIMITATIONS ON CLAIMS.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, a claim arising 

under Federal law seeking judicial review of a permit, license, or approval 

issued by a Federal agency for a highway or public transportation capital 

project shall be barred unless it is filed within 90 days after the permit, license, 

or approval is final pursuant to the law under which the agency action is taken, 

unless a shorter time is specified in the Federal law pursuant to which judicial 

review is allowed. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms 

of a permit, license, or approval. 

‘‘(2) NEW INFORMATION.—The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under section 

771.130 of title 23, Code of Federal Regulations. The preparation of a supplemental environmental impact statement when required shall be considered a 

separate final agency action and the deadline for filing a claim for judicial review of such action shall be 90 days after the date of such action.’’. 

362 

TITLE VII—HAZARDOUS MATERIALS 

TRANSPORTATION 

SEC. 7001. AMENDMENT OF TITLE 49, UNITED STATES CODE. 

Except as otherwise expressly provided, whenever in this title an amendment or 

repeal is expressed in terms of an amendment to, or a repeal of, a section or other 

provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. 

SEC. 7002. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress finds with respect to hazardous materials transportation 

that— 

(1) approximately 4,000,000,000 tons of regulated hazardous materials are 

transported each year and approximately 1,200,000 movements of hazardous 

materials occur each day, according to Department of Transportation estimates; 

(2) the movement of hazardous materials in commerce is necessary to maintain economic vitality and meet consumer demands and must be conducted in 

a safe and efficient manner; 

(3) accidents involving, or unauthorized access to, hazardous materials in 

transportation may result in a release of such materials and pose a serious 

threat to public health and safety; 

(4) many States and localities have enacted laws and regulations that vary 

from Federal laws and regulations pertaining to the transportation of hazardous 

materials, thereby creating the potential for unreasonable hazards in other jurisdictions and confounding shippers and carriers that attempt to comply with 

multiple regulatory requirements; 

(5) because of the potential risks to life, property, and the environment posed 

by unintentional releases of hazardous materials, consistency in laws and regulations governing the transportation of hazardous materials is necessary and 

desirable; 

(6) in order to achieve greater uniformity and to promote the public health, 

welfare, and safety at all levels, Federal standards for regulating the transportation of hazardous materials in intrastate, interstate, and foreign commerce 

are necessary and desirable; and 

(7) in order to provide reasonable, adequate, and cost-effective protection from 

the risks posed by the transportation of hazardous materials, a network of welltrained State and local emergency response personnel and hazmat employees is 

essential. 

(b) PURPOSE.—The text of section 5101 is amended to read as follows: ‘‘The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, 

interstate, and foreign commerce.’’. 

SEC. 7003. DEFINITIONS. 

Section 5102 is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘or’’ at the end of subparagraph (A); 

(B) by striking the period at the end of subparagraph (B) and inserting 

‘‘; or’’; and 

(C) by inserting at the end the following: 

‘‘(C) on a United States registered aircraft.’’; 

(2) in paragraph (8) by striking ‘‘national response team’’ each place it appears and inserting ‘‘National Response Team’’; 

(3) by redesignating paragraphs (11), (12), and (13) as paragraphs (12), (13), 

and (14), respectively; and 

(4) by inserting after paragraph (10) the following: 

‘‘(11) ‘Secretary’ means the Secretary of Transportation.’’. 

SEC. 7004. GENERAL REGULATORY AUTHORITY. 

(a) TECHNICAL AMENDMENTS.—Section 5103(a) is amended— 

(1) by striking ‘‘etiologic agent,’’ and inserting ‘‘infectious substance,’’; and 

(2) by striking ‘‘poison,’’ and inserting ‘‘toxic,’’. 

(b) REGULATIONS FOR SAFE TRANSPORTATION.—Section 5103(b)(1)(A) is amended— 

(1) in clause (i) by striking ‘‘transporting’’ and inserting ‘‘that transports’’; 

(2) in clause (ii)— 

(A) by striking ‘‘causing’’ and inserting ‘‘that causes’’; and 

(B) by striking ‘‘or’’ at the end; and 

(3) by striking clause (iii) and inserting the following: 

363 

‘‘(iii) that designs, manufactures, fabricates, inspects, marks, maintains, 

reconditions, repairs, or tests a package or container that is represented, 

marked, certified, or sold by that person as qualified for use in transporting 

hazardous material in commerce; 

‘‘(iv) that prepares or accepts hazardous material for transportation in 

commerce; 

‘‘(v) that is responsible for the safety of transporting hazardous material 

in commerce; 

‘‘(vi) that certifies compliance with any requirement of this chapter; or 

‘‘(vii) that misrepresents whether the person is engaged in any of the activities described in this subparagraph; and’’. 

(c) TECHNICAL AMENDMENT.—Section 5103(b) is amended— 

(1) by moving subparagraph (C) from the end of paragraph (1) and inserting 

it after paragraph (2); 

(2) by redesignating such subparagraph as paragraph (3); and 

(3) by moving such paragraph (3) 2 ems to the left. 

SEC. 7005. CHEMICAL OR BIOLOGICAL MATERIALS. 

Section 5103a(c) is amended— 

(1) in paragraph (2) by striking ‘‘this subsection’’ and inserting ‘‘paragraph 

(1)’’; and 

(2) by adding at the end the following: 

‘‘(3) STANDARDS.—The Secretary shall prescribe by regulation uniform standards (including standards used to disqualify applicants) governing— 

‘‘(A) the collection by States of background information authorized by 

paragraph (1); 

‘‘(B) the collection, transmission, and review of background information; 

and 

‘‘(C) the notification of an applicant of the results of the background 

check. 

‘‘(4) FEES.—A State may impose and collect an appropriate fee to carry out 

paragraph (1) consistent with section 5125(f). 

‘‘(5) OPERATORS REGISTERED IN MEXICO AND CANADA.—No operator of a commercial motor vehicle (as defined in section 31101) licensed in Mexico or Canada may operate in the United States a commercial motor vehicle transporting 

hazardous material until the operator has undergone a background records 

check similar to the background records check required of operators of commercial motor vehicles licensed in the United States to transport hazardous materials.’’. 

SEC. 7006. REPRESENTATION AND TAMPERING. 

(a) REPRESENTATION.—Section 5104(a) is amended— 

(1) by striking ‘‘A person’’ and inserting ‘‘No person’’; 

(2) in paragraph (1) by striking ‘‘only if’’ and all that follows through ‘‘meets’’ 

and inserting ‘‘if it does not conform to’’; and 

(3) in paragraph (2) by striking ‘‘only if’’ and inserting ‘‘unless’’. 

(b) TAMPERING.—Section 5104(b) is amended by striking ‘‘A person may not’’ and 

inserting ‘‘No person may’’. 

SEC. 7007. TECHNICAL AMENDMENTS. 

(a) ELIMINATION OF COMPLETED STUDY.—Section 5105 is amended— 

(1) by striking subsection (d); and 

(2) by redesignating subsection (e) as subsection (d). 

(b) CLASSIFICATION OF EXPLOSIVES.—Section 5108(a)(1)(B) is amended by striking 

‘‘class A or B’’ and inserting ‘‘Division 1.1, 1.2, or 1.3’’. 

SEC. 7008. TRAINING OF CERTAIN EMPLOYEES. 

Section 5107 is amended— 

(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; 

(2) in subsection (g)(2) (as so redesignated) by striking ‘‘sections 5106, 

5108(a)–(g)(1) and (h), and 5109 of this title’’ and inserting ‘‘section 5106’’; and 

(3) by inserting after subsection (e) the following: 

‘‘(f) TRAINING OF CERTAIN EMPLOYEES.—The Secretary shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness/familiarization training and safety training pursuant to section 172.704 of title 49, Code 

of Federal Regulations.’’. 

SEC. 7009. REGISTRATION. 

(a) PERSONS REQUIRED TO FILE.—Section 5108(a) is amended— 

364 

(1) in paragraph (2)(B) by striking ‘‘manufacturing, fabricating, marking, 

maintaining, reconditioning, repairing, or testing’’ and inserting ‘‘designing, 

manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, 

repairing, or testing’’; and 

(2) by aligning the left margin of paragraph (4) with the left margin of paragraph (3). 

(b) FILING SCHEDULE.—Section 5108(c) is amended— 

(1) by striking the subsection heading and inserting‘‘FILING SCHEDULE’’; and 

(2) in paragraph (1)— 

(A) by striking ‘‘must file the first’’ and inserting ‘‘shall file that’’; 

(B) by striking ‘‘not later than March 31, 1992’’ and inserting ‘‘in accordance with regulations issued by the Secretary’’; and 

(C) by striking the second sentence. 

(c) FEES.—Section 5108(g) is amended— 

(1) in paragraph (1) by striking ‘‘may’’ and inserting ‘‘shall’’; 

(2) in paragraph (2)(A) by striking ‘‘$5,000’’ and inserting ‘‘$3,000’’; and 

(3) by adding at the end the following: 

‘‘(3) FEES ON EXEMPT PERSONS.—Notwithstanding subsection (a)(4), the Sec- retary shall impose and collect a fee of $25 from a person who is required to 

register under this section but who is otherwise exempted by the Secretary from 

paying any fee under this section. The fee shall be used to pay the cost of the 

Secretary in processing registration statements filed by such persons.’’. 

(d) RELATIONSHIP TO OTHER LAWS.—Section 5108(i)(2)(B) is amended by inserting 

‘‘, Indian tribe,’’ after ‘‘State’’ the first place it appears. 

(e) HAZMAT REGISTRATION NOTIFICATION.—As soon as practicable, the Pipelines 

and Hazardous Materials Safety Administrator of the Department of Transportation 

shall transmit to the Federal Motor Carrier Safety Administration hazardous material registrant information obtained before, on, or after the date of enactment of this 

Act under section 5108 of title 49, United States Code, together with any Department of Transportation identification number for each registrant. 

SEC. 7010. PROVIDING SHIPPING PAPERS. 

Section 5110 is amended— 

(1) in subsection (a) by striking ‘‘under subsection (b) of this section’’ and inserting ‘‘by regulation’’; and 

(2) in subsection (e) by striking ‘‘1 year’’ and inserting ‘‘2 years after the date 

of preparation of the shipping paper’’. 

SEC. 7011. RAIL TANK CARS. 

Section 5111, and the item relating to such section in the analysis for chapter 51, 

are repealed. 

SEC. 7012. UNSATISFACTORY SAFETY RATING. 

The text of section 5113 is amended to read as follows: ‘‘A person who violates 

section 31144(c)(3) shall be subject to the penalties in sections 5123 and 5124.’’. 

SEC. 7013. TRAINING CURRICULUM FOR THE PUBLIC SECTOR. 

(a) REQUIREMENTS.—Section 5115(b)(1)(C) is amended by striking ‘‘under other 

United States Government grant programs, including those’’ and inserting ‘‘with 

Federal financial assistance, including programs’’. 

(b) TRAINING ON COMPLYING WITH LEGAL REQUIREMENTS.—Section 5115(c)(3) is 

amended by inserting before the period at the end the following: ‘‘and such other 

voluntary consensus standard-setting organizations as the Secretary determines appropriate’’. 

(c) DISTRIBUTION AND PUBLICATION.—Section 5115(d) is amended— 

(1) in the matter preceding paragraph (1) by striking ‘‘national response 

team’’ and inserting ‘‘National Response Team’’; 

(2) in paragraph (1) by striking ‘‘Director of the Federal Emergency Management Agency’’ and inserting ‘‘Secretary’’; and 

(3) in paragraph (2)— 

(A) by inserting ‘‘and distribute’’ after ‘‘publish’’; and 

(B) by striking ‘‘programs that uses’’ and all that follows before the period 

at the end and inserting ‘‘programs and courses developed under this section’’. 

SEC. 7014. PLANNING AND TRAINING GRANTS, MONITORING, AND REVIEW. 

(a) FACTORS TO CONSIDER IN DETERMINING NEEDS.—Section 5116(b)(4) is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (D); 

(2) by redesignating subparagraph (E) as subparagraph (F); and 

(3) by inserting after subparagraph (D) the following: 

365 

‘‘(E) the report submitted by the State to the Secretary under section 

5125(f)(2); and’’. 

(b) COMPLIANCE WITH CERTAIN LAW.—Section 5116(c) is amended— 

(1) by inserting ‘‘or Indian tribe’’ after ‘‘a State’’; 

(2) by inserting ‘‘or Indian tribe’’ after ‘‘the State’’ the first place it appears; 

and 

(3) by inserting ‘‘(1) the State or Indian tribe is complying with all applicable 

requirements of this chapter (including section 5125(f)), and (2) in the case of 

a State,’’ after ‘‘certifies that’’. 

(c) GOVERNMENT’S SHARE OF COSTS.—Section 5116(e) is amended by striking the 

second sentence and inserting the following: ‘‘Amounts received by the State or tribe 

under subsections (a)(1) and (b)(1) are not part of the non-Government share under 

this subsection.’’. 

(d) MONITORING AND TECHNICAL ASSISTANCE.—Section 5116(f) is amended— 

(1) in the first sentence— 

(A) by striking ‘‘Secretaries of Transportation and Energy,’’ and inserting 

‘‘Secretary of Energy, Director of the Federal Emergency Management 

Agency,’’; and 

(B) by striking ‘‘Director of the Federal Emergency Management Agency 

shall’’ and inserting ‘‘Secretary of Transportation shall’’; and 

(2) in the second sentence— 

(A) by striking ‘‘the Secretaries, Administrator, and Directors each shall’’ 

and inserting ‘‘the Secretary shall’’; and 

(B) by striking ‘‘national response team’’ and inserting ‘‘National Response Team’’. 

(e) DELEGATION OF AUTHORITY.—Section 5116(g) is amended by striking ‘‘Government grant programs’’ and inserting ‘‘Federal financial assistance’’. 

(f) HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS FUND.—Section 5116(i) is 

amended— 

(1) by striking the subsection heading and inserting ‘‘HAZARDOUS MATERIALS

EMERGENCY PREPAREDNESS FUND.—’’; 

(2) in the matter preceding paragraph (1)— 

(A) by inserting ‘‘, to be known as the ‘Hazardous Materials Emergency 

Preparedness Fund’,’’ after ‘‘account in the Treasury’’; and 

(B) by striking ‘‘section 5108(g)(2)(A) of this title’’ and all that follows before the period at the end of the first sentence and inserting ‘‘this chapter’’; 

(3) by striking ‘‘and’’ at the end of paragraph (2); 

(4) by redesignating paragraph (3) as paragraph (4); and 

(5) by inserting after paragraph (2) the following: 

‘‘(3) to publish and distribute the Emergency Response Guidebook; and’’. 

(g) REPORTS.—In section 5116(k)— 

(1) by striking the first sentence and inserting the following: ‘‘The Secretary 

shall submit to Congress and make available to the public annually a report 

on the allocation and uses of planning grants under subsection (a), training 

grants under subsection (b), and grants under subsection (j) and under section 

5107.’’; and 

(2) in the second sentence by striking ‘‘Such report’’ and inserting ‘‘The report’’. 

SEC. 7015. SPECIAL PERMITS AND EXCLUSIONS. 

(a) SECTION HEADING.— 

(1) IN GENERAL.—Section 5117 is amended by striking the section number and 

heading and inserting the following: 

‘‘§ 5117. Special permits and exclusions’’. 

(2) CONFORMING AMENDMENT.—The item relating to section 5117 in the analysis for chapter 51 is amended to read as follows: 

‘‘5117. Special permits and exclusions.’’. 

(b) SUBSECTION HEADING.—The heading for subsection (a) of section 5117 is 

amended by striking ‘‘EXEMPT’’ and inserting ‘‘ISSUE SPECIAL PERMITS’’. 

(c) AUTHORITY TO ISSUE SPECIAL PERMITS.—Section 5117(a)(1) is amended— 

(1) by striking ‘‘an exemption’’ and inserting ‘‘, modify, or terminate a special 

permit authorizing a variance’’; and 

(2) by striking ‘‘transporting, or causing to be transported, hazardous material’’ and inserting ‘‘performing a function regulated by the Secretary under section 5103(b)(1)’’. 

(d) PERIOD OF SPECIAL PERMIT.—Section 5117(a)(2) is amended to read as follows: 

‘‘(2) A special permit issued under this section shall be effective for an initial period of not more than 2 years and may be renewed by the Secretary upon applicaVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00367 Fmt 6659 Sfmt 6621 E:\HR\OC\HR012.XXX HR012
366 

tion for an additional period of not more than 4 years or, in the case of a special 

permit relating to section 5112, for an additional period of not more than 2 years.’’. 

(e) APPLICATIONS.—Sections 5117(b) is amended— 

(1) by striking ‘‘an exemption’’ each place it appears and inserting ‘‘a special 

permit’’; and 

(2) by striking ‘‘the exemption’’ and inserting ‘‘the special permit’’. 

(f) DEALING WITH APPLICATIONS PROMPTLY.—Section 5117(c) is amended by striking ‘‘the exemption’’ each place it appears and inserting ‘‘the special permit’’. 

(g) LIMITATION ON AUTHORITY.—Section 5117(e) is amended— 

(1) by striking ‘‘an exemption’’ and inserting ‘‘a special permit’’; and 

(2) by striking ‘‘be exempt’’ and inserting ‘‘be granted a variance’’. 

SEC. 7016. UNIFORM FORMS AND PROCEDURES. 

Section 5119 is amended to read as follows: 

‘‘§ 5119. Uniform forms and procedures 

‘‘(a) ESTABLISHMENT OF WORKING GROUP.—The Secretary shall establish a working group of State and local government officials, including representatives of the 

National Governors’ Association, the National Association of Counties, the National 

League of Cities, the United States Conference of Mayors, the National Conference 

of State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures. 

‘‘(b) PURPOSE OF WORKING GROUP.—The purpose of the working group shall be to 

establish uniform forms and procedures for a State to register, and to issue permits 

to, persons that transport, or cause to be transported, hazardous material by motor 

vehicle in the State. 

‘‘(c) LIMITATION ON WORKING GROUP.—The working group may not propose to define or limit the amount of a fee a State may impose or collect. 

‘‘(d) PROCEDURE.—The Secretary shall develop a procedure by which the working 

group shall harmonize existing State registration and permit laws and regulations 

relating to the transportation of hazardous materials, with special attention paid to 

each State’s unique safety concerns and interest in maintaining strong hazmat safety standards. 

‘‘(e) REPORT OF WORKING GROUP.—Not later than 18 months after the date of enactment of this subsection, the working group shall transmit to the Secretary a report containing recommendations for establishing uniform forms and procedures described in subsection (b). 

‘‘(f) REGULATIONS.—Not later than 2 years after the date of enactment of this subsection, the Secretary shall issue regulations to carry out such recommendations of 

the working group as the Secretary considers appropriate. 

‘‘(g) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed as prohibiting a State from voluntarily participating in a program of uniform forms and procedures until such time as the Secretary issues regulations 

under subsection (f).’’. 

SEC. 7017. INTERNATIONAL UNIFORMITY OF STANDARDS AND REQUIREMENTS. 

(a) CONSULTATION.—Section 5120(b) is amended by inserting ‘‘and requirements’’ 

after ‘‘standards’’. 

(b) DIFFERENCES WITH INTERNATIONAL STANDARDS AND REQUIREMENTS.—Section 

5120(c) is amended— 

(1) in paragraph (1) by inserting ‘‘or requirement’’ after ‘‘standard’’ each place 

it appears; and 

(2) in paragraph (2)— 

(A) by inserting ‘‘standard or’’ before ‘‘requirement’’ each place it appears; 

and 

(B) by striking ‘‘included in a standard’’. 

SEC. 7018. ADMINISTRATIVE. 

(a) GENERAL AUTHORITY.—Section 5121(a) is amended— 

(1) in the first sentence by inserting ‘‘conduct tests,’’ after ‘‘investigate,’’; 

(2) in the second sentence by striking ‘‘After’’ and inserting ‘‘Except as provided in subsections (c) and (d), after’’; and 

(3) by striking ‘‘regulation prescribed’’ and inserting ‘‘regulation, order, special 

permit, or approval issued’’. 

(b) RECORDS, REPORTS, AND INFORMATION.—Section 5121(b) is amended— 

(1) in paragraph (1) by inserting ‘‘and property’’ after ‘‘records’’; and 

(2) in paragraph (2)— 

(A) by inserting ‘‘property,’’ after ‘‘records,’’; 

(B) by inserting ‘‘for inspection’’ after ‘‘available’’; and 

367 

(C) by striking ‘‘requests’’ and inserting ‘‘undertakes an investigation or 

makes a request’’. 

(c) ENHANCED AUTHORITY TO DISCOVER HIDDEN SHIPMENTS OF HAZARDOUS MATE- RIAL.—Section 5121(c) is amended to read as follows: 

‘‘(c) INSPECTIONS AND INVESTIGATIONS.— ‘‘(1) IN GENERAL.—A designated officer, employee, or agent of the Secretary— 

‘‘(A) may inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103(b)(1); 

‘‘(B) except in the case of packaging immediately adjacent to its hazardous material contents, may gain access to, open, and examine a package 

offered for, or in, transportation when the officer, employee, or agent has 

an objectively reasonable and articulable belief that the package may contain a hazardous material; 

‘‘(C) may remove from transportation a package or related packages in a 

shipment offered for or in transportation for which— 

‘‘(i) such officer, employee, or agent has an objectively reasonable and 

articulable belief that the package may pose an imminent hazard; and 

‘‘(ii) such officer, employee, or agent contemporaneously documents 

such belief in accordance with procedures set forth in guidance or regulations prescribed under subsection (e); 

‘‘(D) may gather information from the offeror, carrier, packaging manufacturer or retester, or other person responsible for the package, to ascertain the nature and hazards of the contents of the package; 

‘‘(E) as necessary, under terms and conditions specified by the Secretary, 

may order the offeror, carrier, packaging manufacturer or retester, or other 

person responsible for the package to have the package transported to, 

opened, and the contents examined and analyzed, at a facility appropriate 

for the conduct of such examination and analysis; and 

‘‘(F) when safety might otherwise be compromised, may authorize properly qualified personnel to assist in the activities conducted under this subsection. 

‘‘(2) DISPLAY OF CREDENTIALS.—An officer, employee, or agent acting under 

this subsection shall display proper credentials when requested. 

‘‘(3) SAFE RESUMPTION OF TRANSPORTATION.—In instances when, as a result 

of an inspection or investigation under this subsection, an imminent hazard is 

not found to exist, the Secretary, in accordance with procedures set forth in regulations prescribed under subsection (e), shall assist— 

‘‘(A) in the safe resumption of transportation of the package concerned; 

or 

‘‘(B) in any case in which the hazardous material being transported is 

perishable, in the safe and expeditious resumption of transportation of the 

perishable hazardous material.’’. 

(d) EMERGENCY AUTHORITY FOR HAZARDOUS MATERIAL TRANSPORTATION.—Section 

5121 is amended— 

(1) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and 

(2) by inserting after subsection (c) the following: 

‘‘(d) EMERGENCY ORDERS.— 

‘‘(1) IN GENERAL.—If, upon inspection, investigation, testing, or research, the 

Secretary determines that either a violation of a provision of this chapter or a 

regulation issued under this chapter, or an unsafe condition or practice, constitutes or is causing an imminent hazard, the Secretary may issue an emergency order, without notice or the opportunity for a hearing, but only to the extent necessary to abate the imminent hazard. 

‘‘(2) WRITTEN ORDERS.—An emergency order issued under paragraph (1) shall 

be in writing, describe the violation, condition, or practice that is causing the 

imminent hazard, and state the restrictions, prohibitions, recalls, or out-of-service orders issued. The emergency order also shall describe the standards and 

procedures for obtaining relief from the order. 

‘‘(3) OPPORTUNITY FOR REVIEW.—After issuing an emergency order under 

paragraph (1), the Secretary shall provide an opportunity for review of the order 

under section 554 of title 5 if a petition for review is filed within 20 calendar 

days after the date of issuance of the order. 

‘‘(4) EXPIRATION OF EFFECTIVENESS OF EMERGENCY ORDER.—If a petition for 

review is filed for an order and the review is not completed by the end of the 

30-day period beginning on the date the petition was filed, the order shall cease 

to be effective at the end of that period unless the Secretary determines in writing that the emergency situation still exists. 

368 

‘‘(e) REGULATIONS.— 

‘‘(1) TEMPORARY REGULATIONS.—Not later than 60 days after the date of enactment of the Transportation Equity Act: A Legacy for Users, the Secretary 

shall issue temporary regulations to carry out subsections (c) and (d). The temporary regulations shall expire on the date of issuance of the regulations under 

paragraph (2). 

‘‘(2) FINAL REGULATIONS.—Not later than 1 year after such date of enactment, 

the Secretary shall issue regulations to carry out subsections (c) and (d) in accordance with subchapter II of chapter 5 of title 5.’’. 

(e) REPORT.—Section 5121(g) (as redesignated by subsection (d)(1) of this section) 

is amended— 

(1) in the matter preceding paragraph (1) by striking ‘‘submit to the President 

for transmittal to the Congress’’ and inserting ‘‘transmit to the Committee on 

Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate’’; and 

(2) in paragraph (4) by inserting ‘‘relating to a function regulated by the Secretary under section 5103(b)(1)’’ after ‘‘activities’’. 

(f) REPEAL OF OBSOLETE PROVISION.—Section 5118, and the item relating to such 

section in the analysis for chapter 51, are repealed. 

SEC. 7019. ENFORCEMENT. 

(a) GENERAL.—Section 5122(a) is amended by striking the second sentence and inserting ‘‘The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the 

same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.’’. 

(b) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is amended by striking ‘‘or ameliorate the’’ and inserting ‘‘or mitigate the’’. 

SEC. 7020. CIVIL PENALTY. 

(a) PENALTY.—Section 5123(a) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘regulation prescribed or order issued’’ and inserting ‘‘regulation, order, special permit, or approval issued’’; and 

(B) by striking ‘‘$25,000’’ and inserting ‘‘$50,000’’; 

(2) by redesignating paragraph (2) as paragraph (3); and 

(3) by inserting after paragraph (1) the following: 

‘‘(2) If the Secretary finds that a violation under paragraph (1) results in death, 

serious illness, or severe injury to any person or substantial destruction of property, 

the Secretary may increase the amount of the civil penalty for such violation to not 

more than $100,000.’’. 

(b) HEARING REQUIREMENT.—Section 5123(b) is amended by striking ‘‘regulation 

prescribed’’ and inserting ‘‘regulation, order, special permit, or approval issued’’. 

(c) CIVIL ACTIONS TO COLLECT.—Section 5123(d) is amended by adding at the end 

the following: ‘‘In such action, the validity, amount, and appropriateness of the civil 

penalty shall not be subject to review.’’. 

(d) COMPROMISE.—Section 5123(e) is amended by striking ‘‘before referral to the 

Attorney General’’. 

SEC. 7021. CRIMINAL PENALTY. 

Section 5124 is amended to read as follows: 

‘‘§ 5124. Criminal penalty 

‘‘(a) IN GENERAL.—A person knowingly violating section 5104(b) or willfully or 

recklessly violating this chapter or a regulation, order, special permit, or approval 

issued under this chapter shall be fined under title 18, imprisoned for not more than 

5 years, or both; except that the maximum amount of imprisonment shall be 10 

years in any case in which the violation involves the release of a hazardous material 

that results in death or bodily injury to any person. 

‘‘(b) KNOWING VIOLATIONS.—For purposes of this section— 

‘‘(1) a person acts knowingly when— 

‘‘(A) the person has actual knowledge of the facts giving rise to the violation; or 

‘‘(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and 

‘‘(2) knowledge of the existence of a statutory provision, or a regulation or a 

requirement required by the Secretary, is not an element of an offense under 

this section. 

‘‘(c) WILLFUL VIOLATIONS.—For purposes of this section, a person acts willfully 

when— 

369 

‘‘(1) the person has knowledge of the facts giving rise to the violation; and 

‘‘(2) the person has knowledge that the conduct was unlawful. 

‘‘(d) RECKLESS VIOLATIONS.—For purposes of this section, a person acts recklessly 

when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.’’. 

SEC. 7022. PREEMPTION. 

(a) DUAL COMPLIANCE AND OBSTACLE TESTS.—Section 5125(a) is amended by 

striking the subsection heading and inserting ‘‘DUAL COMPLIANCE AND OBSTACLE

TESTS.—’’. 

(b) SUBSTANTIVE DIFFERENCES.—The second sentence of section 5125(b)(2) is 

amended by striking ‘‘after November 16, 1990’’. 

(c) DECISIONS ON PREEMPTION.—The third sentence of section 5125(d)(1) is 

amended by inserting ‘‘and publish in the Federal Register’’ after ‘‘issue’’. 

(d) INDEPENDENT APPLICATION OF EACH STANDARD.—Section 5125 is amended by 

inserting after subsection (f), as redesignated by section 7024(a)(2) of this Act, the 

following: 

‘‘(g) INDEPENDENT APPLICATION OF EACH STANDARD.—Subsections (b), (c)(1), (d), 

and (g) are independent in their application to a requirement of any State, political 

subdivision of a State, or Indian tribe and shall be reviewed independently.’’. 

SEC. 7023. RELATIONSHIP TO OTHER LAWS. 

Section 5126(a) is amended by striking ‘‘must comply’’ and inserting ‘‘shall comply’’. 

SEC. 7024. JUDICIAL REVIEW. 

(a) REPEAL.—Section 5125 is amended— 

(1) by striking subsection (f); 

(2) by redesignating subsection (g) as subsection (f); and 

(3) in subsection (f) (as so redesignated) by moving paragraph (2) (including 

subparagraphs (A) through (D)) 2 ems to the left. 

(b) JUDICIAL REVIEW.—Chapter 51 is amended by redesignating section 5127 as 

section 5128 and by inserting after section 5126 the following: 

‘‘§ 5127. Judicial review 

‘‘(a) FILING AND VENUE.—Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter 

may petition for review of the final action in the United States Court of Appeals 

for the District of Columbia or in the court of appeals for the United States for the 

circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary’s action becomes final. 

‘‘(b) JUDICIAL PROCEDURES.—When a petition is filed under subsection (a), the 

clerk of the court immediately shall send a copy of the petition to the Secretary. 

The Secretary shall file with the court a record of any proceeding in which the final 

action was issued, as provided in section 2112 of title 28. 

‘‘(c) AUTHORITY OF COURT.—The court has exclusive jurisdiction, as provided in 

subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s 

final action and may order the Secretary to conduct further proceedings. Findings 

of fact by the Secretary, if supported by substantial evidence, are conclusive. 

‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing a final action under this 

section, the court may consider an objection to a final action of the Secretary only 

if the objection was made in the course of a proceeding or review conducted by the 

Secretary or if there was a reasonable ground for not making the objection in the 

proceeding.’’. 

(c) CONFORMING AMENDMENT.—The analysis for chapter 51 is amended by striking the item relating to section 5127 and inserting the following: 

‘‘5127. Judicial review. 

‘‘5128. Authorization of appropriations.’’. 

SEC. 7025. AUTHORIZATION OF APPROPRIATIONS. 

Section 5128 (as redesignated by section 7024) is amended to read as follows: 

‘‘§ 5128. Authorizations of appropriations 

‘‘(a) IN GENERAL.—In order to carry out this chapter (except sections 5107(e), 

5108(g)(2), 5113, 5115, 5116, and 5119), the following amounts are authorized to be 

appropriated to the Secretary: 

‘‘(1) For fiscal year 2005, $27,000,000. 

‘‘(2) For fiscal year 2006, $29,000,000. 

‘‘(3) For fiscal year 2007, $30,000,000. 

370 

‘‘(b) EMERGENCY PREPAREDNESS FUND.—There shall be available to the Secretary, 

from the account established pursuant to section 5116(i), for each of fiscal years 

2005 through 2007 the following: 

‘‘(1) To carry out section 5115, $200,000. 

‘‘(2) To carry out section 5116(a), $8,000,000. 

‘‘(3) To carry out section 5116(b), $13,800,000. 

‘‘(4) To carry out section 5116(f), $150,000. 

‘‘(5) To publish and distribute the Emergency Response Guidebook under section 5116(i)(3), $500,000. 

‘‘(6) To pay administrative expenses in accordance with section 5116(i)(4), 

$150,000. 

‘‘(7) To carry out section 5116(j), $1,000,000. 

‘‘(c) TRAINING OF HAZMAT EMPLOYEE INSTRUCTORS.—There shall be available to 

the Secretary, from the account established pursuant to section 5116(i), to carry out 

section 5107(e) $4,000,000 for each of fiscal years 2005 through 2007. 

‘‘(d) UNIFORM FORMS AND PROCEDURES.—There is authorized to be appropriated 

to the Secretary for making grants to States participating in the working group established under section 5119 $1,000,000 for each of the fiscal years 2005 and 2006. 

‘‘(e) ISSUANCE OF HAZMAT LICENSES.—There are authorized to be appropriated for 

the Department of Transportation such amounts as may be necessary to carry out 

section 5103a. 

‘‘(f) CREDITS TO APPROPRIATIONS.—The Secretary may credit to any appropriation 

to carry out this chapter an amount received from a State, Indian tribe, or other 

public authority or private entity for expenses the Secretary incurs in providing 

training to the State, authority, or entity. 

‘‘(g) AVAILABILITY OF AMOUNTS.—Amounts made available by or under this section 

remain available until expended.’’. 

SEC. 7026. DETERMINING AMOUNT OF UNDECLARED SHIPMENTS OF HAZARDOUS MATERIALS 

ENTERING THE UNITED STATES. 

(a) STUDY.—The Comptroller General shall conduct a study to propose methods 

of determining the amount of undeclared shipments of hazardous materials (as defined in section 5101 of title 49, United States Code) entering the United States. 

(b) REPORT.—Not later than 1 year after the date of enactment of this Act, the 

Comptroller General shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on the results of the study. 

SEC. 7027. CONFORMING AMENDMENTS. 

Chapter 51 is amended by striking ‘‘Secretary of Transportation’’ each place it appears (other than the second place it appears in section 5108(g)(2)(C), the first place 

it appears in section 5115(a), and in sections 5116(g), 5116(i), and 5120(a)) and inserting ‘‘Secretary’’. 

TITLE VIII—TRANSPORTATION 

DISCRETIONARY SPENDING GUARANTEE 

SEC. 8001. POLICY. 

This title will continue sections 8101 and 8103 of the Transportation Equity Act 

for the 21st Century that guarantee that specific levels of authorized funding will 

be available for obligation each year by continuing the highway category budgetary 

firewall, which protects the Federal-aid highway program’s obligation limitation, the 

programs of the Federal Motor Carrier Safety Administration, and the portion of the 

National Highway Traffic Safety Administration’s programs funded from the Highway Trust Fund, and the mass transit category budgetary firewall, which protects 

the portion of the Federal Transit Administration programs funded from the Mass 

Transit Account of the Highway Trust Fund and the portion of such programs funded from the general fund of the Treasury. 

PURPOSE OF THE LEGISLATION

The purpose of this bill is to authorize funds for Federal-aid 

highways, highway safety, truck safety, public transportation, 

transportation research, transportation planning and project delivery, hazardous materials transportation, and other surface transportation programs carried out by the United States Department of 

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Transportation, to be financed primarily through the Federal Highway Trust Fund. 

BACKGROUND AND NEED FOR THE LEGISLATION

Enactment of H.R. 3, the Transportation Equity Act: a Legacy for 

Users (TEA LU), is the Committee’s highest priority this year. This 

legislation will set the course for highway development, highway 

safety, truck safety, and public transportation programs for the remainder of this decade. It will also ensure the integrity of the 

Highway Trust Fund and the ability of the Trust Fund to meet our 

nation’s surface transportation infrastructure needs. These needs 

are important and they must be satisfied. 

Increased investment in transportation infrastructure has farreaching impacts on the quality of life in our communities, our nation’s economy, and our competitiveness in the world marketplace. 

Every American and every business will benefit from such investment by experiencing shortened travel times, increased productivity, and improved safety. 

TRANSPORTATION INVESTMENT LEADS TO ECONOMIC GROWTH

Throughout our nation’s history, economic growth, prosperity, 

and opportunity have followed investments in the nation’s infrastructure. From the ‘‘internal improvements’’ of the early 1800’s— 

canals, locks, and roads—to the Interstate Highway System of 

today, infrastructure investment has been our foundation for economic growth. For example, between 1980 and 1991, almost onefifth of the increase in productivity in the U.S. economy was attributable to investment in highways. 

Our nation’s highways, transit and rail systems, pipelines, airports, harbors, and waterways not only provide the backbone of our 

economy by moving people and goods, they also employ millions of 

workers and generate a significant share of total economic output. 

Transportation-related goods and services generate 10 percent of 

our total Gross Domestic Product. 

In addition to facilitating economic growth, our transportation 

system has a direct and significant impact on the daily lives of 

nearly all Americans. The average household spends 19 percent of 

its income on transportation, more than on any other expense except housing, and the average person travels 40 miles each day. 

To the average American, higher Federal investment in surface 

transportation infrastructure will mean: 

• Shorter commutes that save time, fuel, and reduce pollution. 

• Better access to work, school, health care, and recreation. 

• Lives saved—many of the more than 42,000 highway fatalities 

each year could be prevented by building better roads and improving the safety features of existing roads. 

• Safer systems to accommodate the transport of hazardous materials, estimated at more than 1.2 million shipments per day and 

an annual movement of 4 billion tons. 

Despite the importance of transportation to our economy and the 

quality of life in our communities, many of our nation’s transportation infrastructure needs are going unmet. This has resulted in, 

among other things, an alarming increase in congestion. 

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CONGESTION CRISIS

Congestion is a major national problem and is increasing. In 

1999, 167 major highway bottlenecks located in 30 states plus the 

District of Columbia were identified. Using the same methodology, 

the number of major bottlenecks has now grown to more than 230. 

According to the Texas Transportation Institute’s 2003 Urban Mobility Study, a study of congestion in the nation’s 75 largest urban 

areas, traffic congestion levels have increased in every area since 

1982. Congestion now extends to more times of the day, more 

roads, affects more trips, and creates more extra travel time than 

in the past. 

In fact, the extra time needed for rush hour travel has tripled 

over the last two decades. The national average Travel Time Index 

for 2001 was 1.39 (meaning a rush hour trip took 39 percent longer 

than a non-rush hour trip). The national average in 1982 was only 

1.13. This problem is not restricted to the largest cities. In small 

urban areas (less than 50,000 in population), this index has nearly 

quadrupled over these same years, indicating that even smaller 

areas are not able to keep pace with rising demand. 

The cost of congestion is continuing to climb. Traffic congestion 

cost motorists in the nation’s 75 largest urban areas a staggering 

$69.5 billion in 2001 in terms of wasted time and fuel, $4.5 billion 

more than in 2000. This $69.5 billion total cost equates to an average annual cost per urban resident—adults and children—of about 

$520. 

Congestion negatively impacts our environment by increasing 

emissions and wasting fuel. Vehicles in stop-and-go traffic emit 

more pollutants—particularly carbon monoxide and volatile organic 

compounds—than when operating without frequent braking and acceleration. In addition, 5.7 billion gallons of fuel were wasted in 

2001 due to traffic congestion in cities alone. This amount of fuel 

would fill 570,000 gasoline tank trucks that would stretch from 

New York to Las Vegas and back again. 

Perhaps most importantly, reducing highway congestion saves 

lives. If modest improvements were made to improve the traffic 

flow at the severe bottlenecks identified in the highway organization study discussed above, the number and severity of vehicle 

crashes would be lessened. Over the 20-year life of the projects, 

such improvements would prevent more than 449,500 crashes, including some 1,750 fatalities and 220,500 injuries. 

THE HIGHWAY TRUST FUND

Congress has established, over time, a series of trust funds to 

collect user fees and then invest those funds on capital improvements. The Highway Trust Fund was established in the 1956 Highway Revenue Act to specifically link taxes on motor fuels to funding for highways. The Highway Revenue Act increased some of the 

existing user fees, established new ones, and provided most of the 

revenues from these taxes would be credited to the Highway Trust 

Fund. In the 1982 Surface Transportation Assistance Act, a separate Mass Transit Account was established in the Highway Trust 

Fund to receive part of the motor fuel user fee receipts. Subsequent 

increases in the user fee brought the Federal gas tax to 18.4 cents. 

In 1997, the Taxpayer Relief Act redirected a 4.3-cent diversion of 

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user fee payments from the general fund to the Highway Trust 

Fund. Currently, all Federal motor fuel user fee receipts are deposited to the Highway Trust Fund, with 15.44 cents credited to the 

Highway Account and 2.86 cents credited to the Mass Transit Account. One of this Committee’s highest priorities is to ensure that 

the user fees deposited into these trust funds are in fact used for 

their intended purposes—to rebuild our nation’s highway and transit infrastructure. 

The Highway Trust Fund is: (1) wholly self-financed by the 

users; (2) a dedicated revenue source; (3) self-supporting, operating 

on a pay-as-you-go basis; and (4) deficit proof. The Highway Trust 

Fund represents a contract between the government and the user 

that specifies that certain user fees will be levied on the users of 

highways and, in return, the government pledges to use the receipts to build transportation infrastructure for the taxpayer’s use. 

A major accomplishment of the 1998 Transportation Efficiency 

Act for the 21st Century (TEA 21) was reestablishing trust with 

the taxpayer by creating a budgetary mechanism to ensure that the 

user fees deposited in the Highway Trust Fund are spent for their 

intended purpose. Maintaining these budgetary firewalls and 

spending guarantees are a top priority for the Committee. 

SECTION-BY-SECTION ANALYSIS

Sec. 1. Short Title: Table of Contents 

Subsection (a) provides that the short title is the Transportation 

Equity Act: A Legacy for Users. 

Subsection (b) defines the ‘‘Secretary’’ as the Secretary of Transportation. 

Subsection (c) lists the table of contents. 

TITLE I—FEDERAL-AID HIGHWAYS 

SUBTITLE A—AUTHORIZATIONS OF PROGRAMS

Sec. 1101. Authorizations of Appropriations 

Subsection (a) authorizes funds out of the Highway Trust Fund 

(other than the Mass Transit Account) for the following highway 

programs: Interstate Maintenance Program, National Highway 

System, Bridge Program, Highway Safety Improvements Program, 

Surface Transportation Program, Congestion Mitigation and Air 

Quality Improvement Program, Appalachian Development Highway 

System Program, Recreational Trails Program, Federal Lands 

Highways Program, National Corridor Infrastructure Improvement 

Program, Coordinated Border Infrastructure Program, Projects of 

National and Regional Significance Program, Construction of Ferry 

Boats and Ferry Terminal Facilities, National Scenic Byways Program, Congestion Pricing Pilot Program, Deployment of 511 Traveler Information Program, High Priority Projects Program, Freight 

Intermodal Connector Program, High Risk Rural Road Safety Improvement Program, Highway Use Tax Evasion Program, Pedestrian and Cyclist Equity, Dedicated Truck Lanes, Highways for 

LIFE Program, and Commonwealth of Puerto Rico Program. 

Subsection (b) continues the disadvantaged business enterprise 

(DBE) program with minor changes. The Committee finds there is 

a continuing compelling need for the DBE program. In enacting 

374 

TEA 21 in 1998, Congress compiled an extensive record on the effects of discrimination in transportation contracting. Much of this 

information remains valid today. We agree with those courts that 

have observed that evidence concerning the exclusion of disadvantaged groups remains relevant over a considerable period of time. 

The Committee has relied on the information that Congress used 

in 1998 in finding a continuing compelling need for the DBE program. 

The Committee has also taken notice of data about the period between 1998 and today. The data demonstrates the continuing need 

for the program, as DBEs are still not able to compete on the same 

basis as other businesses. First, the regulation, found constitutional in a series of recent court rulings, tells recipients to set overall goals. Under the rules, recipients may set DBE contract goals 

only for that portion of the overall goal that cannot be achieved by 

completely race-neutral means. Highway and transit program data 

for 2000–2002 shows that the overwhelming majority of recipients 

have to set DBE contract goals to achieve all or part of their overall 

goals. Unfortunately, race-neutral means alone cannot overcome 

the persisting effects of discrimination. 

Second, in several states for which DOT has comparative 2002 

data, participation by minority- and women-owned businesses in 

state-funded highway contracts to which no contract goals applied 

fell well short both of DBE overall goals and DBE participation in 

federally-assisted contracts. If states are to ensure equal opportunity for DBEs, contract goal programs remain essential. Third, 

DOT provided 15 detailed studies from states and cities that found 

disparities between the availability and utilization of minority- and 

women-owned businesses in government contracting. The courts 

agree that it is fair to make an inference of discriminatory exclusion from such disparities. 

Sec. 1102. Obligation ceiling 

This section provides the obligation limitation for the federal-aid 

highway and highway safety construction programs. Subsection (b) 

addresses the exemptions to the obligation limitation. Paragraphs 

1–8 in this subsection are identical to TEA 21. Paragraph (9) is 

added to address three year obligation authority (OA) made available under TEA 21 for research programs and ‘‘no-year’’ OA made 

available for certain programs and projects under TEA 21 or in 

subsequent appropriations acts. Subsections (c), (d), (e), (f), (g), (h), 

and (i) address how the obligation authority is distributed, the redistribution of unused obligation authority, and the limitation on 

obligations for administrative expenses are virtually identical to 

TEA 21. 

Sec. 1103. Apportionments 

This section makes changes to the process by which apportionments are made pursuant to Section 104 of Title 23. Subsection (a) 

of this section amends the way administrative expenses for FHWA 

and FMCSA are provided. These expenses were formerly funded as 

a takedown and are now a specific authorized amount. 

Subsection (b) of this section changes the set-aside amount for 

the Alaska Highway and the set-asides for the U.S. Territories 

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under the National Highway System program apportionment formula. 

Subsection (c) of this section requires the report mandated by 

Section 104(j) of Title 23 be available on the Internet. 

Subsection (d) of this section makes a conforming amendment to 

the metropolitan planning set-aside formula to reflect the fact that 

administrative expenses are no longer funded as a takedown. 

Subsection (e) of this section updates the reference for the Puerto 

Rico Highway program, replacing the TEA 21 reference with a TEA 

LU reference. 

Sec. 1104. Minimum guarantee 

Sec. 1105. Project approval and oversight 

This section amends the Financial Plan portion of section 106 of 

title 23 requiring states with a project that costs $500 million or 

more to submit an annual financial plan. 

Sec 1106. Use of excess funds 

This section allows states to audit projects funded with apportionments under sections 104 and 144 of title 23 to determine 

whether there are excess project funds. If the audit reveals that 

there are excess funds, the state may develop a plan for spending 

the apportionment for the design or construction of other similar 

eligible projects. The state must certify to the Secretary that an 

audit was conducted and has developed a plan. Excess funds used 

to carry out a project under this section are subject to the requirements of this title that are applicable to the program for which the 

funds were originally apportioned. 

Sec. 1107. Temporary traffic control devices 

This section amends Section 109(e) of Title 23 and Section 112 

of Title 23 to require that contracts for federally funded highway 

construction projects include costs for appropriate safety measures. 

The amendment to Section 109 requires that temporary traffic control devices be installed and maintained during construction and 

maintenance projects in order to provide protection for construction 

workers. The amendment to Section 112 requires the Secretary to 

issue regulations establishing the conditions for and the appropriate use of federal funds for uniformed law enforcement officers, 

positive protective measures between traffic and workers, and installation of temporary traffic control devices during construction 

and maintenance projects. 

Sec. 1108. Revenue aligned budget authority 

This section continues the revenue aligned budget authority, but 

in a way that ensures greater stability in program funding level 

adjustments. 

Sec. 1109. Emergency relief 

This section authorizes additional amounts for this program above the $100 million per year to be derived from the General 

Fund. It is the Committee’s intent that if there is the need for additional funds over and above the annually authorized level of $100 

million that those funds be appropriated from the General Fund. 

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Sec. 1110. Surface transportation program 

This section continues the requirement in Section 133(f)(1) of 

Title 23 that States suballocate a portion of their Surface Transportation Program funds to urbanized areas with over 200,000 individuals. 

Sec. 1111. Highway use tax evasion projects 

This section continues the existing program to combat highway 

use tax evasion and makes changes designed to reduce tax evasion 

and increase receipts into the Highway Trust Fund. 

The Highway Use Tax Evasion program supports State and Federal efforts to enhance motor fuel tax enforcement. To make the 

program more effective, this provision would amend section 143 of 

title 23 to: (1) dedicate funding for intergovernmental enforcement 

efforts; (2) allow projects for identification of tax evasion in the 

area of foreign imported fuel; (3) assist States and Indian Tribes 

in addressing issues related to the collection of State motor fuel 

taxes; and (4) provide for annual reporting on examinations, criminal investigations, and audits by the States and the Internal Revenue Service (IRS). 

Sec. 1112. Appalachian Development Highway System 

This section directs the Secretary to apportion funds made available for the Appalachian Development Highway System (ADHS) 

among the states on the basis of the estimated cost to complete the 

system. It specifies that such funds are subject to title 23 requirements and are available to construct ADHS highways and access 

roads. It also prohibits the use of toll revenues as non-federal 

match for the construction, improvement, and maintenance of highways, bridges, or tunnels. 

Sec. 1113. Construction of ferry boats and ferry terminal facilities 

Subsections (a) and (b) codify the existing Ferry Boat Discretionary Program authorized in Section 1064 of ISTEA. Subsection 

(c) requires the Secretary to establish a national ferry database. It 

is the Committee’s intent that the information collected and maintained in this database will be used as part of the decision making 

process for funding allocations under this program. 

Sec. 1114. Interstate maintenance discretionary 

This section eliminates the Interstate Maintenance Discretionary 

program in Section 118 of Title 23. The Committee does not intend 

to have any changes to this program affect any projects that have 

already been funded under this program. 

Sec. 1115. Highway bridge 

Subsection (a) retains the principles for applications for and approval of Federal assistance for bridge replacement or rehabilitation allowed in current law. It also includes additional language to 

allow Federal participation in preventive maintenance on a bridge, 

as well as, installing scour countermeasures to a bridge. 

Subsection (b) continues the discretionary bridge program and 

subsection (c) changes the lower bound for the off-system set-aside 

from 15 percent to 20 percent. 

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Sec. 1116. Transportation and community and system preservation 

program 

This section reauthorizes the program for fiscal years 2004 

through 2009. It prohibits funds made available for this program 

from being transferred to other programs, and establishes the Federal cost share for projects carried out under this program in accordance with section 120(b) of title 23. Subsection (c) establishes 

a pilot program to support transportation planning and public participation in decision making. 

Sec. 1117. Deployment of magnetic levitation transportation projects 

This section details the funding and eligibility requirements for 

constructing fixed guideway infrastructure, as well as the related 

components necessary for the construction, but not including costs 

incurred for a new station. Eligible projects under this section must 

involve a segment or segments of high speed ground transportation 

corridor, result in an operating transportation facility that provides 

a revenue-producing service and be approved by the Secretary. It 

is the Committee’s intent for this program to be administered as 

a new program and not the continuation of any previously authorized program. 

Sec. 1118. Recreational trails 

This section makes various improvements to the recreational 

trails program established in section 206 of title 23, U.S. Code. 

Subsection (a) amends 23 U.S.C. 104(h) to permit the use of administrative funds for training and deletes reference to the National Recreational Trails Advisory Committee. 

Subsection (b) amends 23 U.S.C. 206(d)(2) regarding permissible 

uses of funds to include assessment of trail conditions and to clarify 

that new trails on Federal lands must be recommended in a statewide comprehensive outdoor recreation plan. 

Subsection (c) strikes 23 U.S.C. 206(b)(3)(C), which permits 

States to waive requirements regarding distribution of funds for 

various types of projects. 

Subsection (d) amends 23 U.S.C. 206(f) to provide that the Federal share for recreational trails projects shall be determined in accordance with section 120(b) of title 23 and allows recreational 

trails funds to be used toward the Federal share of certain other 

Federal programs. 

Subsection (e) amends 23 U.S.C. 206(h)(1) to provide that pre-approval planning and environmental compliance costs can be credited toward the non-Federal share of a project. 

Subsection (f) directs the Secretary to encourage the States to 

use qualified youth conservation or service corps to complete trail 

projects. 

Sec. 1119. Federal lands highways 

Subsection (a) amends the contracting provisions of the Indian 

reservation roads program in section 202(d)(3) of title 23. This section was added to the United States Code in TEA 21. The Committee felt at that time that the congressional intent with regard 

to tribal contracting authority was clear. Unfortunately, the Committee now believes the full intent of the TEA 21 amendments has 

378 

not been fulfilled. This subsection aims to clarify the intent of the 

Committee on this important point for the Indian tribes. 

The Committee is aware that certain tribes currently possess the 

ability to carry out themselves, or contract directly with outside 

providers, highway, bridge, and transit projects that are located on 

Indian reservations or that provide access to the reservations, including planning, research, engineering, and construction activities 

relating to such projects. Other tribes are developing their ability 

to perform those functions. 

This amendment to section 202(d)(3) of title 23 is intended to empower Indian tribes that have the ability and interest to carry out 

the activities in-house or to contract directly with outside providers 

for the activities consistent with the Indian Self-Determination and 

Education Assistance Act. It allows tribes to choose, on a projectby-project basis, those activities that they want to perform themselves or to contract directly with outside providers. At the same 

time, existing capabilities within the Bureau of Indian Affairs are 

retained to support tribes that do not have such ability or interest. 

It directs that funds be paid directly by the Federal Highway Administration (FHWA) to the Indian tribal government when a tribe 

carries out, or contracts directly with outside providers for, a planning, research, engineering, or construction activity relating to a 

highway, bridge, or transit project located on an Indian reservation 

or that provides access to the reservation. Furthermore, it directs 

FHWA to determine the amount of funds for such activity and 

project that is to be received by the Indian tribe according to the 

funding formula established under section 202(d) of title 23, without deducting from it any non-project-related administrative takedown or project management costs imposed by the Bureau of Indian Affairs or the Department of the Interior. 

Sec. 1120. Conservation measures 

This section makes changes to the Refuge Roads program and 

the Forest Roads program to clarify eligibility for activities that 

protect wildlife. This section also authorizes a study on reducing 

wildlife-vehicle collisions. 

Sec.1121. Pedestrian and cyclist equity 

This section establishes two new programs—a Safe Routes to 

School Program and a Nonmotorized Transportation Pilot Program. 

Subsection (a) establishes a Safe Routes to School Program for 

the benefit of children in primary and middle schools. The purposes 

of the program are to enable and encourage children, including 

those with disabilities, to walk and bicycle to school; to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and to facilitate the planning, development 

and implementation of projects and activities that will improve 

safety and reduce traffic, fuel consumption, and air pollution in the 

vicinity of schools. 

Funding is made available by formula to state departments of 

transportation on the basis of student enrollment in primary and 

middle schools. No state will receive less than $2 million annually. 

Funds will be used by the state to provide financial assistance to 

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379 

tions, which demonstrate an ability to meet the requirements of 

this section. 

The program funds two distinct types of projects: infrastructure 

projects and non-infrastructure related activities. States should be 

encouraged to create competitive application forms, criteria, and 

evaluations that are appropriate for the two different types of 

projects. 

The creation of a state level safe routes to school coordinator position provides a central point of contact for the program. Funding 

for the state level safe routes to school coordinator position is not 

included in the 10 to 30 percent of funds required to be used for 

non-infrastructure related activities under this subsection. The 

state coordinator’s position is to be funded from the balance of the 

state’s safe routes to school funds. 

The safe routes to school clearinghouse provides an important opportunity to insure successful implementation of the program. As 

a new program, states will be interested in guidance on implementing the program effectively and efficiently. The clearinghouse 

can provide case studies, gather and disseminate information, track 

implementation, and monitor the program. 

Given the broad scope of safe routes to school activities, the Committee acknowledges the need to include a broad range of agencies 

and organizations in the Task Force authorized by this section. In 

addition to representatives from federal agencies, additional task 

force members could include representatives from state and local 

agencies as well as relevant non-profit organizations and associations including organizations or associations that represent automobile drivers. 

Subsection (b) establishes a Nonmotorized Transportation Pilot 

Program to construct a network of nonmotorized transportation infrastructure facilities in four communities to demonstrate the extent to which bicycling and walking can carry a significant part of 

the transportation load. This program is designed to develop the 

statistical information necessary to properly evaluate the impact of 

investments in nonmotorized travel and increases in pedestrian 

and bicycle trips on congestion, energy usage, clean air and public 

health. It recognizes that only complete, comprehensive and connected networks of nonmotorized transportation facilities will provide the opportunity for the pedestrian and bicycle usage needed 

for the measurement of impacts. 

In making grants, the Secretary may select public agencies that 

are suitably equipped and organized to carry out the requirements 

of this subsection. An agency that receives a grant under this subsection may work with and provide grant funds to a nonprofit organization to assist in carrying out the program. 

Sec. 1122. National commissions 

This section establishes two commissions, one to study future 

revenue sources to support the Highway Trust Fund and another 

to study the future of the Interstate Highway System. Both commissions are established using the same criteria for the selection 

of the members. This section also amends section 101 of title 23 to 

include a declaration of policy regarding the study of the Interstate 

Highway System. 

380 

The Commission on Future Revenue Sources to Support the 

Highway Trust Fund will study alternative short-term sources of 

revenue for the Highway Trust Fund, as well as evaluating alternative long-term sources of revenue to support the Highway Trust 

Fund. When studying the long-term sources, the Commission is directed to consider the findings, conclusions, and recommendations 

of a recent study completed by the Transportation Research Board 

of the National Academy of Sciences on alternatives to the user fee 

to support highway financing. 

The Commission is directed to develop ways to generate revenues 

to accomplish the requirements of section 1125; oversee a comprehensive investigation of alternatives to replace the user fee as 

the principal source of revenue for the Highway Trust Fund; consult with the Secretaries of Transportation and Treasury to ensure 

that their views concerning essential revenue alternatives are understood; consider State transportation agencies views on alternative revenue sources for the Highway Trust Fund; and make specific recommendations regarding their findings and necessary actions to Congress. 

When considering alternative sources of revenue, the Commission shall address the advantages or disadvantages of alternative 

revenue sources and identify the most promising revenue sources 

to support long-term financing requirements. The Commission 

shall also establish a time frame for which the necessary actions 

must be taken and a broad transition strategy to move from the 

current user fee base to new funding mechanisms, including the 

time frame for the transition strategy. 

Not later than September 30, 2005, the Commission shall transmit to Congress a report on revenues to support actions necessary 

to meet the requirements of section 1125. The Commission has 

until September 30, 2006 to transmit to Congress a report on the 

alternative long-term sources of revenue for the Highway Trust 

Fund. 

The Commission on the Future of the Interstate Highway System 

will study the current condition and future of the Dwight D. Eisenhower National System of Interstate and Defense Highways (the 

‘‘Interstate System’’). The study will include a conceptual plan with 

alternative approaches for the future of the Interstate System and 

will assure that the Interstate System will continue to serve its National needs. 

The Commission is directed to consider the views of State transportation agencies and make specific recommendations regarding 

design standards, Federal policies, and legislative changes that 

must be made to assure that national interests in meeting future 

needs are addressed. 

When conducting the study, the Commission is specifically directed to address all issues that could impact the Interstate system 

including, demographics; usage; natural disasters; design standards; system-wide needs; potential expansion, upgrades, or other 

changes; community values; environmental issues; and system performance. 

The Commission has until September 30, 2006 to transmit to 

Congress a report on the results of the study. 

381 

Sec. 1123. Adjustments for the Surface Transportation Extension 

Act of 2004, PART V 

This section is reserved for instructions on how to reconcile adjustments made in the Surface Transportation Extension Act of 

2004 with this Act, Part V. 

Sec. 1124. Roadway safety 

Subsection (a) directs the Secretary to enter into an agreement 

with an organization to develop a public service campaign to educate transportation officials, public safety officials, and motorists 

regarding the extent to which road hazards and design features are 

a factor in motor vehicle crashes. 

Subsection (b) directs the Secretary to make grants to an organization to operate a national bicycle and pedestrian clearinghouse, 

to disseminate techniques and strategies for improving bicycle and 

pedestrian safety, and to develop information and educational programs related to pedestrian activities and cycling. 

Sec. 1125. Equity requirement 

This section establishes a requirement that a law be enacted 

prior to FY 2006 that increases the minimum guarantee rate of return to 95 percent by FY 2009. Subsection (a) states that a law 

must be enacted that increases the guaranteed rate of return to 92 

percent in fiscal year 2006, 93 percent in fiscal year 2007, 94 percent in fiscal year 2008, and 95 percent in fiscal year 2009. The law 

that increases the rate of return must also ensure that all states 

receive an increase in formula funds from year to year. The increase can either be derived from the minimum guaranteed rate of 

return or from the state’s prior year apportioned highway funds adjusted for inflation using the consumer price index. 

If the law referenced above is not enacted by September 30, 2005 

no funds may be apportioned for any of the following programs: the 

National Highway System program, high priority program, the 

Interstate maintenance program, the surface transportation program, the Metropolitan Planning program, the highway bridge replacement and rehabilitation program, the congestion mitigation 

and air quality improvement program, the recreation trails program, the Appalachian development highway system, the freight 

intermodal connectors program, the coordinated border infrastructure program, the high risk rural road safety improvement program, the safe routes to schools program, and the minimum guarantee program. 

SUBTITLE B—CONGESTION RELIEF

Sec. 1201. Motor vehicle congestion relief 

This section adds a new Section 139 to title 23 of the U.S. Code. 

Section 1201 would require each State with an urbanized area population over 200,000 to obligate a portion of its formula funds to 

target congestion in those areas of the State. The amount to be obligated in each State is determined by multiplying the total amount 

apportioned to each State under Sections 104(b)(1), (2), (3) and (4) 

of title 23 by 10 percent and by the percentage of the State population residing in urbanized areas over 200,000. 

382 

Under-one activities—40 percent of the funds will be obligated for 

congestion relief activities that will be complete within one year 

after the date of commencement of onsite improvements and has a 

project cost of less than $1 million. 

Under-three activities—35 percent of the funds will be obligated 

for congestion relief activities that will be complete within three 

years after the date of commencement of onsite improvements. 

Twenty-five percent of the funds will be obligated by a State for 

one or more of the following: under-one, under-three, eligible capital costs under Chapter 53 of Title 49, or qualified demand relief 

projects and activities. 

States are not required to obligate proportional or equal amounts 

of their Section 104(b)(1), (2), (3) and (4) funds. Section 1201 does 

not change the eligibility of projects under Section 104. States may 

transfer amounts for under-one activities to under-three if the 

State certifies to the Secretary it has no under-one congestion relief 

activities. 

Congestion relief activities include additional capacity, improvements to interchanges, construction of parallel roads, construction 

of truck only lanes, operational improvements, and through programs that use existing capacity more efficiently such as reversible 

lanes or lane management strategies. 

Sec. 1202. Transportation systems management and operations 

Section 1202 broadens the definition of Operational Costs for 

Traffic Monitoring, Management and Control in Section 101(a)(17) 

of title 23 to include transportation systems management and operations. It also broadens the definition of Operational Improvements 

in Section 101(a)(18)(A)(i) to include equipment and programs for 

transportation response to natural disasters. 

Section 1202 also adds a new definition (39) Transportation Systems Management and Operations to Section 101(a) of Title 23. 

The term covers regional operations collaboration and coordination 

between transportation and public safety agencies to optimize the 

performance of existing transportation infrastructure and to improve the safety, security, and reliability of federal-aid highways 

through such activities and programs as highway and traffic demand management, emergency and traffic incident management, 

roadway weather management, traveler information services, traffic signal control, freight management, and intermodal coordination. 

Communications equipment is central to traffic incident management. Integrated, interoperable, emergency communications equipment should be part of TSMO for congestion relief. 

Section 1202 also adds a new section 166 to Title 23 called 

Transportation Systems Management and Operations. This section 

gives the Secretary authority to develop and execute a comprehensive TSMO policy in coordination with other Federal departments 

and agencies, State and local governments, and other interested 

parties. 

This section also authorizes a study on Intelligent Transportation 

System procurement policy. 

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Sec. 1203. Real-time system management information program 

This section requires the Secretary to establish a program that 

provides to all States the capability to monitor, in real-time, the 

traffic and travel conditions of the nation’s major highways and to 

share the information with other States, local governments, and 

the traveling public. 

The Secretary is required to establish a steering committee to 

provide guidance regarding the content and uniformity of data exchange formats to ensure that data can be shared. 

With approval from the Secretary, States may obligate certain 

formula funds for activities related to the planning and deployment 

of this program. 

Sec. 1204. Expedited national intelligent transportation systems deployment 

Section 1204 requires the Secretary to establish a comprehensive 

program to accelerate the integration, interoperability and deployment of intelligent transportation systems in order to improve the 

performance of the surface transportation system. 

The Secretary may make grants for projects that improve efficiency, promote safety, reduce emissions of air pollutants, improve 

traveler information, and build on existing intelligent transportation system projects and other projects. 

Sec. 1205. Intelligent transportation systems (ITS) deployment 

Section 1205 adds a new section 150 to title 23 that requires 

States to obligate a portion of their formula funds for the deployment of ITS systems in the State. The amount that each State 

shall spend is determined by multiplying $500,000,000 by the ratio 

that a state’s total funds apportioned under section 104(b)(1), (b)(2), 

(b)(3) and (b)(4) of title 23 bears to the total amount apportioned 

to all States for such fiscal year. 

Funds must be obligated for ITS projects such as improvements 

to the performance of a system like incident management, projects 

that provide for networks to link metropolitan and rural surface 

transportation systems, improvements to highway safety, operation 

and management, interagency support between transportation 

agencies, police, medical services and others, and planning. 

States are not required to obligate proportional or equal amounts 

of their Section 104(b)(1), (2), (3) and (4) funds. Section 1201 does 

not change the eligibility of projects under Section 104. 

Sec. 1206. Environmental review of activities that support deployment of intelligent transportation systems (ITS) 

This section requires the Secretary to conduct a rulemaking 

within one year to establish categorical exclusions, to the extent 

appropriate, for activities that support the deployment of ITS from 

the requirement that an environmental assessment or an environmental impact statement be prepared under NEPA, in compliance 

with the standards for categorical exclusions established by NEPA. 

The Secretary shall also develop a nationwide programmatic 

agreement governing the review of activities that support ITS deployment in accordance with the National Historic Preservation 

Act. The agreement will be developed in consultation with the NaVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00385 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
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tional Conference of State Historic Preservation Officers and the 

Advisory Council on Historic Preservation. 

Sec. 1207. State assumption of responsibility for certain programs 

and projects 

This section provides the Secretary the authority to conduct a 

pilot program for up to five states to assume the responsibilities of 

the Secretary for projects funded under Section 104(h), transportation enhancement activities under Section 133, as defined in Section 101(a)(35), and projects defined in Section 101(a)(38) of title 

23, and Section 5607 of TEA LU. 

Sec. 1208. HOV facilities 

This section adds a new section 168 to title 23 that authorizes 

the use of High Occupancy Vehicle lanes. Subsection (a) of the proposed section 168 in title 23 allows a state agency to establish the 

occupancy requirements of vehicles operating on an HOV facility 

except that no fewer than 2 occupants per vehicle may be required 

for use of a HOV facility. 

This section also provides the exemptions for the HOV occupancy 

requirements including motorcycles, bicycles, public transportation 

vehicles, and High Occupancy Toll (HOT) vehicles and low emission 

and energy-efficient vehicles. 

For HOT lanes the state agency must charge operators of vehicles with less than the established occupancy requirements a fee. 

The agency must also establish a program that addresses how motorists can enroll and participate in the toll program, automatically 

collects tolls, and establishes policies and procedures to manage demand by varying the toll, enforce violations, and permit low-income 

drivers to pay a reduced toll. 

For inherently low emission vehicles, a state may allow the use 

of HOV lanes even if the occupancy requirements are not met so 

long as the vehicles are certified pursuant to section 88.311–93 of 

title 40, Code of Federal Regulations. The state agency may also 

allow other low emission and energy efficient vehicles to pay a toll 

to use HOV lanes even if the occupancy requirements are not met 

if those vehicles meet the certification requirements that the EPA 

is directed to develop in subsection (e). The toll amount charged to 

low emission vehicles not certified pursuant to the CFR and other 

energy efficient vehicles may be less than other HOT lane vehicles, 

or the toll may be zero. 

This section also sets requirements applicable to tolls on HOV 

lanes. This subsection verifies that HOV facilities on the Interstate 

can be tolled pursuant to the provisions of this section. The subsection also states that the state agency must first use the toll revenue to repay debt and provide a reasonable rate of return on investments and then must give priority consideration to projects for 

developing alternatives to single occupancy vehicle travel and 

projects for improving highway safety, including projects that improve safety by providing increased capacity. 

This section addresses HOV facility management, operation, 

monitoring and enforcement. If a state agency allows single occupancy HOV vehicles to use the facility it must ensure that vehicles 

maintain a minimum operating speed 90 percent of the time over 

a 6–month period during weekday peak travel periods. 

385 

Sec. 1209. Congestion pricing pilot program 

This section amends the congestion pricing pilot program established under the Intermodal Surface Transportation Equity Act of 

1991 to expand the authority to conduct such projects to all States, 

although the number of congestion pricing pilot projects is limited 

to 25. The limit of 25 projects includes all projects previously approved under this section (prior to the enactment of TEA LU) that 

collect tolls. This section also requires that any congestion pricing 

toll programs include a program for low-income drivers to pay a reduced toll. This section also sets aside $3 million a year for congestion pricing programs that do not include tolls. 

Sec. 1210. Congestion mitigation and air quality improvement program eligibility 

This section clarifies that transportation system management 

and operations are an eligible activity under this program. 

Sec. 1211. Special rules for state assumption of responsibilites 

This section refers to certain rules for the pilot program established in Section 1207. 

Sec. 1212. Opening of interstate ramps 

This section provides for opening a ramp connecting I–495 and 

Arena Drive in the State of Maryland. 

SUBTITLE C—MOBIILITY AND EFFICIENCY

Sec. 1301. National corridor infrastructure improvement program 

This section directs the Secretary to establish and implement a 

program to allocate funding to States for highway construction 

projects in corridors of national significance. A State must submit 

applications to the Secretary for funds. 

The Secretary shall give priority to corridor projects that are part 

of, or will be designated as part of, the Dwight D. Eisenhower National System of Interstate and Defense highways and to any 

project that will be complete in five years. The Secretary shall consider such factors as mobility, economic growth, linking two existing segments of Interstate, commercial vehicle traffic due to 

NAFTA, reduction of travel time, value of the cargo traveling 

through the corridor, economic costs, and the financing associated 

with the project. 

Sec. 1302. Coordinated border infrastructure program 

This section establishes a new formula program for border infrastructure projects. The Secretary apportions funds to the States 

based upon several factors: incoming commercial trucks passing 

through land border ports of entry; the number of incoming personal motor vehicles and buses passing through the land border 

ports of entry; the weight of incoming cargo by commercial trucks 

passing through such ports of entry; and the number of land border 

ports of entry. 

Definitions—‘‘Border region’’ means any portion of a border State 

within 20 miles in an international land border with Canada or 

Mexico. ‘‘Border State’’ means any State that has an international 

land border with Canada or Mexico. ‘‘Commercial Truck’’ means a 

386 

commercial motor vehicle as defined in section 31301(4) (other than 

subparagraph (B)) of title 49, U.S.C. 

Sec. 1303. Freight intermodal connectors 

This section establishes a new formula program for freight intermodal connectors. The Secretary shall apportion funds to States 

based upon the number of freight intermodal connectors; a State’s 

annual contribution to the Highway Trust Fund; total lane miles 

of principle arterial routes; total vehicle miles traveled on lanes on 

principle arterial routes; total diesel fuel used on highways; total 

lane miles on principle arterial highways divided by population. 

The purpose of the program is to improve the movement of 

freight and mitigate the impact of congestion. Eligible projects include construction of and improvements to publicly owned freight 

intermodal connectors and operational improvements. States shall 

give priority to connectors to the National Highway System. 

States that do not have any freight intermodal connectors or 

whose connectors are in good condition may use the apportioned 

funds for projects eligible under the National Highway System 

(Section 103(b)(6) of title 23). 

Sec. 1304. Projects of national and regional significance 

This section establishes a program to finance critical, high-cost 

transportation infrastructure that address critical national economic and transportation needs. These projects of national and regional significance will improve the safe, secure, and efficient 

movement of people and goods throughout the United States and 

improve the health and welfare of the national economy by increasing economic productivity, facilitating international trade, relieving 

transportation congestion, and enhancing transportation safety. 

The program will fund the construction of high-cost surface 

transportation projects, including freight railroad projects eligible 

under Title 23. To be eligible for assistance under this program, eligible project costs must equal or exceed the lesser of $500 million 

or 75 percent of the State’s highway apportionment for the prior 

fiscal year. The Secretary of Transportation will conduct a national 

solicitation for applications for projects of national and regional significance and award grants on a competitive basis. The program 

creates a rigorous review process for project applicants similar to 

the Federal Transit Administration’s review process for transit new 

start projects. 

Sec. 1305. Dedicated truck lanes 

This section directs the Secretary to establish a pilot program to 

allocate funds to States for the construction of projects that separate commercial truck traffic from other motor vehicle traffic. Priority will be given to projects that provide additional capacity. The 

Secretary will also consider the following factors: improvement to 

the safe and efficient movement of freight; the extent to which 

trucks are separated from other traffic; the connectivity of the 

project to the NHS or the Interstate; if the project removes trucks 

from surface streets; reductions in travel time; and the extent to 

which federal funds are leveraged. 

387 

Sec. 1306. Truck parking facilities 

This section establishes a pilot program in cooperation with appropriate State, regional, and local governments to address the 

shortage of long-term parking for commercial motor vehicles on the 

National Highway System. 

This section allows State, regional, and local governments to address the safety problem of fatigued drivers through a pilot program designed to allow for the creation of new rest stops, as stated 

in section 120(c) of title 23, addition of new commercial motor vehicle parking facilities adjacent to commercial truck stops or travel 

plazas, or opening existing weigh stations or park-and-ride facilities to commercial motor vehicle parking. Pilot programs may also 

include using intelligent transportation systems, or other means, to 

promote the availability of public or privately available parking facilities. 

The Committee developed this pilot project after working closely 

with the Administration, industry, State safety and construction 

agencies, and truck plaza and rest stop operators. It is the Committee’s intent that the projects funded from this pilot program only 

address adding parking facilities in corridors with an identified 

truck parking shortage. This pilot program is not intended to compete with local businesses or commercial enterprises. 

Not later than five years after the enactment of this bill, the Secretary shall transmit a report on the results of the pilot programs 

developed under this section. 

SUBTITLE D—HIGHWAY SAFETY

Sec. 1401. Highway safety improvement program 

This section amends title 23 by eliminating the requirement that 

States set aside 10 percent of their section 133, Surface Transportation Program, funds to carry out section 130 of Title 23, the Railway-Highway Crossing program and section 152, the Hazard Elimination program. This section also establishes a separate funding 

authorization for a combined section 130 and 152 called Highway 

Safety Improvement Program. However, the authorizing language 

for the two programs still resides in Section 130 and Section 152. 

In subsection (a) the definition of Safety Improvement Project as 

used in Section 101(a)(30) of title 23 is expanded to include the installation of fluorescent, yellow-green signs at pedestrian or bicycle 

crossings or school zones. 

Subsection (b) amends title 23 to move the set-aside for Operation Lifesaver from the apportionment under the Surface Transportation Program to the apportionment for Section 130. It also increases the amount for this program from $500,000 to $600,000. 

Subsection (c) increases the amount of the set-aside for hazard 

elimination in high-speed rail corridors designated under 104(d)(2) 

of title 23 and for the Minneapolis/St. Paul—Chicago segment of 

the Midwest High-Speed Rail Corridor. The subsection also adds 

the Northern New England High Speed Rail Corridor and expands 

the South Central Corridor to section 104(d)(2) of title 23. 

Subsection (d) adds a special rule to allow States to use funds for 

protective devices on other section 130 activities if the State demonstrates to the Secretary that it has met the needs in such State 

for protective devices. The apportionment formula for rail highway 

388 

crossings is amended to distribute funds 50 percent based on the 

STP formula and 50 percent based on the number of rail highway 

crossings. Each state shall receive at least a minimum of one half 

of one percent. The federal share will be 90 percent. States will be 

required to report to Congress every two years and can use up to 

two percent of their funds for analysis and data collection. 

Subsection (e) makes technical changes. 

Subsection (f) amends section 152 (a)(1) of title 23 to include in 

the state survey dangers to the disabled from hazardous road conditions. It also includes a requirement that States identify the 

roadway safety improvements for hazardous locations. It also adds 

four new activities for which the funds can be used. The Secretary 

will use the STP apportionment formula to apportion funds to the 

States for the Hazard Elimination program. Each State shall receive at least one half of one percent from funds apportioned to the 

States. The federal share will be 90 percent. The Secretary is required to report to Congress every two years the results of this program, including projects completed, the effectiveness of the 

projects, adequacy of funding and recommendation of improvements to the program. 

Subsection (g) makes the amendments in subsection (d), (e) and 

(f) effective September 30, 2005 since there is no funding for the 

new Highway Safety Improvement Program in fiscal year 2005. 

Sec. 1402. Worker injury prevention and free flow of vehicular traffic 

The Secretary shall, within one year, issue regulations requiring 

workers whose duties place them in close proximity to a Federalaid highway to wear high visibility garments. 

Sec. 1403. High risk rural road safety improvement program 

The Secretary shall establish and implement a program to improve safety on rural major or minor collector or rural local roads. 

Funds will be apportioned to States based on public road lane mileage, population in other than urbanized areas, and vehicle miles 

traveled on public roads. States will allocate apportioned funds to 

projects that have the highest benefits to highway safety. Funds 

can only be used for construction and operational improvements on 

high-risk rural roads. 

Sec. 1404. Transfers of apportionments to safety programs 

Subsection (a) caps the amount of apportioned funds that are required to be transferred from sections 104(b)(1), (2), and (3) of title 

23 to section 402 of title 23 in an amount equivalent to three percent of what was apportioned to states in fiscal year 2003. This 

transfer is required when States fail to comply with section 

153(a)(2) of title 23 (seatbelt use in the front seat). It also caps the 

amount of obligation authority the Secretary is required to transfer 

with the apportionment in the preceding sentence. 

Subsection (b) caps the amount of apportioned funds that are required to be transferred from sections 104(b)(1), (3), and (4) of title 

23 to section 402 of title 23 in an amount equivalent to three percent of what was apportioned to states in fiscal year 2003. This 

transfer is required when States fail to comply with section 154(b) 

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tion authority the secretary is required to transfer with the apportionment in the preceding sentence. 

Subsection (c) caps the amount of apportioned funds that are required to be transferred from sections 104(b)(1), (3), and (4) of title 

23 to section 402 of title 23 in an amount equivalent to 3 percent 

of what was apportioned to states in fiscal year 2003. The funds 

are to be used to carry out section 164(b)(1)(A) or (B). This transfer 

is required when States fail to enact or enforce a repeat intoxicated 

driver law. It also caps the amount of obligation authority the secretary is required to transfer with the apportionment in the preceding sentence. 

Sec. 1405. Safety incentive grants for use of seat belts 

This section authorizes $112,000,000 for each of fiscal years 2004 

and 2005 for grants to states that have met certain requirements 

with regards to seatbelts. 

Sec. 1406. Safety incentives to prevent operation of motor vehicles 

by intoxicated persons 

Subsection (a) codifies the penalty against states for not enacting 

and enforcing a 0.08 drunk driving law. This penalty was originally 

enacted in the 2001 DOT appropriations bill. 

Subsection (b) authorizes $110,000,000 for each of fiscal years 

2004 and 2005 for grants to states that have enacted 0.08 laws. 

Subsection (c) repeals the appropriations language that enacted 

the penalty in 2001. 

Sec. 1407. Repeat offenders for driving while intoxicated 

This section amends Section 164(a)(5)(A) of title 23 by adding an 

alternative penalty that a person who is a repeat offender can receive for a violation: a 45 day suspension of driving privileges followed by a reinstatement of limited driving privileges to get to 

work, school or alcohol treatment programs if an ignition interlock 

device is installed on each motor vehicle owned or operated, or 

both, by the individual. 

Sec. 1408. Repair and replacement of highway features on national 

highway system 

This section instructs the Secretary to conduct a rulemaking to 

determine the standards to which a State should replace or repair 

damaged highway features after they have been damaged. 

SUBTITLE E—CONSTRUCTION AND CONTRACT EFFICIENCIES

Sec. 1501. Design-build 

Subsection (a) amends section 112 of title 23 with the intent of 

clarifying and improving the design-build authority provided. During the rulemaking process for the design-build regulation required 

by section 1307 of TEA 21, which also amended 23 U.S.C. 112, 

FHWA received several comments regarding the restrictive nature 

of the ‘‘qualified project’’ definition with respect to the project cost 

threshold. Approximately 85 percent of the design-build projects 

that have been evaluated under the FHWA experimental contracting program (Special Experimental Project No. 14 (SEP–14)— 

Innovative Contracting) are too small to meet the definition of 

390 

‘‘qualified project.’’ Based on the Haw’s experience with designbuild projects under SEP–14, there is no need to limit design-build 

projects to those costing more than $5 million in the case of a 

project that involves installation of an intelligent transportation 

system and to those costing more than $50 million in the case of 

any other project. 

Subsection (b) similarly amends section 112 of title 23 making 

clear the parameters of the authority for the use of project evaluation criteria. The subsection also makes clear that this amendment 

does not disturb any other authority that the Secretary has under 

current law or that is being carried out by the Secretary as of the 

date of enactment. 

Sec. 1502. Warranty highway construction project pilot program 

The Committee is aware that highway projects constructed of advanced materials, and often utilizing innovative techniques that 

also contain warranties of the constructed project’s expected performance can, over the life of the project mean less cost to the state 

for maintenance, reconstruction and rehabilitation, than a similar 

project not utilizing advanced techniques and materials and not 

containing a warranty. 

This pilot program is meant to take the experience of states already utilizing warranty bid regimes and conduct a pilot within the 

federal-aid program. The Committee expects that the projects built 

under this authority will cost less over their life to the taxpayer 

than non-warranted projects. 

Sec. 1503. Private investment study 

This section authorizes the National Academy of Sciences to conduct a study to evaluate private investment in surface transportation infrastructure. 

Sec. 1504. Highways for life pilot program 

The Committee intends with this pilot program to incentivize the 

use of innovative technologies and practices in the construction of 

highways and bridges. The Committee expects that safe, efficient 

highways and bridges can be built faster, and with greater durability, if innovative practices and technologies are utilized. This 

pilot authorizes the Secretary to allocate funds for projects deemed 

to satisfy the requirements of the project. The selection criteria are 

designed to identify projects that employ material and technique 

innovations which will produce more quickly constructed, longer 

lasting, high-quality and cost-effective projects. 

SUBTITLE F—FINANCE

Sec. 1601. Transportation Infrastructure Finance and Innovation 

Act 

This section makes programmatic changes to the TIFIA program. 

Subsection (a) makes technical changes to the definitions in Section 181 of title 23. 

Subsection (b) amends Section 182 of title 23 to clarify the requirements regarding statewide and metropolitan planning. This 

subsection also decreases the minimum eligible project costs to 

$50,000,000 and to $15,000,000 for ITS projects. 

391 

Subsection (c) makes technical changes to the project selection 

process in section 182 of title 23. 

Subsection (d) makes technical changes to Section 183 of Title 

23. The change to section 183(a)(4) codifies a DOT regulation that 

requires the project’s senior obligations to receive an investmentgrade rating in order to execute a secured loan agreement. The 

change to section 183(b)(2) ensures that the amount of the TIFIA 

credit instrument may not exceed that of the senior project obligations. The elimination of section 183(c)(3) deletes the description of 

sources of repayment funds because the subject is already covered 

in section 183(b)(3). 

Subsection (e)(1) makes changes to section 184(b)(3) to ease the 

restrictions on funding draws on a line of credit in order to help 

a borrower avoid a payment default. The changes to section 

184(b)(4) conform the interest rate setting mechanism for the line 

of credit with that for secured loans. The change to section 

184(b)(5) has the same purpose as the changes to sections 183(b)(3) 

and 182(a)(4). 

Subsection (e)(2) makes changes to Section 184(c) to clarify language regarding the scheduling of principal and interest repayments. The elimination of section 184(c)(3) deletes the description 

of sources of repayment funds because the subject is already covered in section 184(b)(5)(A)(i). 

The changes to sections 185(a), 185(b), and 185(c) in subsection 

(f) clarify that the Secretary may establish fees to cover the cost 

of servicing TIFIA credit instruments. The change to section 185(d) 

clarifies that the program may retain outside counsel to assist in 

the underwriting and servicing of TIFIA credit instruments. 

Subsection (g) sets the funding levels for the TIFIA program, including administrative expenses and limitations on credit amounts. 

Sec. 1602. State Infrastructure Banks 

Subsection (a) of this section codifies a state infrastructure bank 

(SIB) program in Section 189 of title 23. 

Subsection (a) of Section 189 provides definitions for the SIB program. Subsection (b) permits the Secretary to enter into a cooperative agreement with a state for the establishment of a SIB. Subsection (c) allows two or more States to enter into a cooperative 

agreement with the Secretary to establish a multi-state SIB. Subsection (d) establishes funding requirements for SIBs, restricting 

the amount of federal funding that a State can deposit in their 

highway, transit, and rail SIB accounts. Subsection (e) establishes 

the forms of assistance that a SIB can offer. Subsection (f) describes the eligible projects that are allowed to be funded by the 

SIB. 

Subsection (g) establishes the requirements that a State must 

adhere to when establishing a SIB. Subsection (h) speaks to the applicability of Federal law in the SIBs program. Subsection (i) states 

that the United States is not obligated by any commitment made 

by a state SIB. Subsection (k) limits the amount of federal funds 

that can be used to administer the state SIB to 2 percent of the 

federal funds contributed to the SIB. 

Subsection (b), (c), (d), and (e) of Section 1602 establishes a new 

chapter 6 in title 23 for infrastructure finance. 

392 

Sec. 1603. Interstate system reconstruction and rehabilitation toll 

pilot program 

This section establishes an interstate system reconstruction and 

rehabilitation pilot program similar to the one authorized in TEA 

21. The new program is limited to three facilities and requires 

states to show that tolling is the most efficient and economical way 

to finance the project. The previous program required that states 

prove that tolling was the only way to finance the interstate reconstruction or rehabilitation project. The new program also requires 

that the state agency collect tolls electronically and that the agency 

include a program to permit low-income drivers to pay a reduced 

toll amount. 

Sec. 1604. Interstate system construction toll pilot program 

This section establishes a new pilot program for projects involving the construction of new interstate facilities. The program is 

limited to three facilities (multi-state corridor projects may be considered as one facility) and states must show that tolling is the 

most efficient and economical way to finance the project. The new 

program also requires that the state agency collect tolls electronically and that the agency include a program to permit low-income 

drivers to pay a reduced toll amount. 

It is the Committee’s intent that this program be used only for 

the construction of new interstate facilities and that the pilot program authorized in Section 1603 be used only for rehabilitation and 

reconstruction of existing interstate facilities. 

Sec. 1605. Special Rules relating to the State Infrastructure Bank 

program 

This section refers to special rules governing interstate compacts 

for State Infrastructure Banks. 

Subtitle G—High Priority Projects 

Sec. 1701. High priority projects program 

This section updates the current high priority projects program 

to reflect the funding and year-by-year allocations provided in TEA 

LU. 

Sec. 1702. Project authorizations 

This section lists the state, project description, and dollar 

amount for each high priority project. 

Subtitle H—Miscellaneous Provisions 

Sec. 1801. Budget justification 

This section requires the Department of Transportation and each 

agency therein to submit to the Committee on Transportation and 

Infrastructure a budget justification concurrently with the President’s Annual Budget submission. 

393 

Sec. 1802. Motorist information 

This section repeals section 124 of title I of division F of the FY 

2004 appropriations bill. 

Sec. 1803. Motorist information concerning full service restaurants 

This section requires the Secretary to do a rulemaking to determine whether to give priority to full service restaurants on at least 

two of the panels for highway food service signs. 

Sec. 1804. High priority corridors on the national highway system 

This section adds new corridor designations to the high priority 

corridor list in ISTEA. 

Sec. 1805. Additions to Appalachian region 

This section adds 12 counties to the jurisdiction of the Appalachian Regional Commission. 

Sec. 1806. Transportation assets and needs of Delta region 

This section authorizes the Secretary to contract with the Delta 

Regional Authority (DRA) to conduct a study on the Delta region’s 

transportation assets and needs for all modes of transportation, including passenger and freight transportation. This section also directs the DRA to report to Congress the results of the study and 

establish a regional strategic plan to implement the report’s recommendations. 

Sec. 1807. Toll facilities workplace safety study 

This section directs the Secretary to conduct a study to determine the safety of highway toll collection facilities for toll collectors 

who work in and around such facilities. It requires the Secretary 

to submit within 1 year a report on the results of the study and 

recommendations for improving workplace safety at toll facilities to 

the congressional committees of jurisdiction. 

Sec. 1808. Pavement marking systems demonstration projects 

This section directs the Secretary to conduct demonstration 

projects in Alaska and Tennessee to study the impacts of increasing the minimum width for pavement markings from four inches 

to six inches and report the results to Congress by June 30, 2009. 

Sec. 1809. Workzone safety grants 

This section directs the Secretary to establish a work zone safety 

grant program to provide training to prevent or reduce highway 

work zone injuries and fatalities. 

Sec. 1810. Grant program to prohibit racial profiling 

On February 27, 2001, in the Address to a Joint Session of Congress, President George W. Bush declared that racial profiling is 

‘‘wrong and we will end it in America’’. The President issued a 

Memorandum for the Attorney General that directed the Attorney 

General to review the use of Federal law enforcement authorities 

use of race in conducting stops, searches, and other investigative 

procedures. In particular, the President asked the Attorney General to work with Congress to develop methods or mechanisms to 

collect any relevant data from Federal law enforcement agencies 

394 

and to work in cooperation with state and local law enforcement 

agencies in order to assess the extent and nature of any such policies. 

In response to the efforts of the President to end the use of racial 

profiling, this section establishes a new incentive grant program to 

encourage states to enact and to enforce laws that prohibit the use 

of racial profiling in the enforcement of traffic laws on Federal-aid 

highways. The incentive grant program will assist the states with 

the compilation of data to support efforts to eliminate the use of 

race or ethnicity as a key factor in whether to make a traffic stop. 

Subsection (a) authorizes the Secretary to make a grant to a 

state that has enacted and is enforcing a law that prohibits the use 

of racial profiling in the enforcement of traffic laws on Federal-aid 

highways. To be eligible for a grant, a state must maintain and 

allow public inspection of statistical information for each motor vehicle stop in the state showing the race and ethnicity of the driver 

and any passengers. Also, a state may receive a grant if the state 

provides assurances satisfactory to the Secretary that the state is 

undertaking activities that will lead to compliance with the requirements to this section. 

Subsection (b) authorizes the eligible activities for which a grant 

may be used by the state. In the case of a state eligible for a grant 

under subsection (a)(1), the grant may be used for: collecting and 

maintaining of data on traffic stops; evaluating the results of the 

data; and developing and implementing programs to reduce the occurrence of racial profiling. An eligible state receiving a grant by 

providing assurances to the Secretary that the state is undertaking 

activities that will lead to compliance with this section may use the 

grant for any eligible activity under this section. The collection, 

maintenance, and evaluation of data relating to traffic stops could 

be used to determine whether race has been a key factor in motor 

vehicle stops. According to the report published by the Comptroller 

General entitled Racial Profiling, more information is needed to determine the extent to which race, as opposed to other factors, is a 

key factor for traffic stops. 

Subsection (c) clarifies the meaning of racial profiling as it pertains to making routine or spontaneous law enforcement decisions, 

such as ordinary traffic stops. The racial profiling provisions under 

this section is not intended to affect the ability of law enforcement 

officers from considering race or ethnicity whenever there is trustworthy information available that links persons of a particular race 

or ethnicity to an identified criminal incident, scheme, or organization. 

Subsection (d) limits the maximum amount for which a state 

may receive a grant to not more than 5 percent of the amount authorized in a fiscal year to carry out this section. A state that provides assurances to the Secretary that the state is undertaking activities that will lead to compliance with the requirements of this 

section may not receive a grant in more than two fiscal years. 

Sec. 1811. America’s Byways Resource Center 

This section reauthorizes the America’s Byways Resource Center. 

The Byways Resource Center provides technical support and conducts educational activities for the National Scenic Byways program. Technical support and educational activities will provide 

395 

local officials and organizations with proactive, technical, and onsite customized assistance, including training, communications (including a public awareness series), publications, conferences, onsite meetings, and other assistance considered appropriate to develop and sustain Scenic Byways and All-American Roads. 

Sec 1812. Technical adjustment 

Sec. 1813. Road user charge evaluation pilot project 

The issue of future financing of the Highway Trust Fund is a 

critical one that Congress must begin to address. The Trust Fund 

is currently financed primarily through fuel excise taxes and certain truck taxes. When the Trust Fund was established in the 

1950s, it was legitimate to have the gas tax serve as a surrogate 

for road usage and be the basis for the user-pays system of the federal highway program. But with the advent of hybrid cars, alternative fuels, the potential for fuel cell technology, increased fuel efficiency and other technological developments, the relationship between the gas tax and road usage is diminishing. 

On July 16, 2002, the Subcommittee on Highways, Transit, and 

Pipelines held a hearing on this and related topics. Testimony was 

received from representatives of the Public Policy Center of the 

University of Iowa regarding research that was then in progress, 

though now completed, to develop a new approach for charging vehicles that travel on the public roads. A consortium of the Federal 

Highway Administration and 15 state departments of transportation funded the study. The purpose of the study was to evaluate 

how intelligent transportation system technology (GPS and onboard computers, smart cards and collection centers) can be used 

to assess mileage-based road user charges. 

This section provides funding and authorization for the Secretary 

to conduct a pilot project to test the technology and feasibility of 

the system. It is contemplated that various cars will be equipped 

with the technology in different regions of the country with a diverse set of drivers. An important element of the study is measuring the public acceptance of such a system and to ensure that 

privacy concerns of drivers are met. 

The finding of this study will provide useful information as the 

Congress strives to identify a funding source to finance the federalaid highway programs that is stable, accurate, fairer and more 

flexible than the current gas tax. 

Sec. 1814. Thomas P. ‘‘Tip’’ O’Neill, Jr. Tunnel 

This section designates that, in honor of his service to the Commonwealth of Massachusetts and to the United States, and in recognition of his contributions toward the construction of the Central 

Artery project in Boston, Massachusetts, the Central Artery Tunnel 

should be named as the ‘‘Thomas P. ‘Tip’ O’Neill, Jr. Tunnel’’. 

Sec. 1815. Conforming amendment for transportation planning sections 

Section 1814 amends sections 134 and 135 of title 23, United 

States Code to indicate that metropolitan and statewide transportation planning programs funded under those sections shall be carried out according to the provisions of the unified highway and 

396 

transit planning chapter in chapter 52, title 49, United States 

Code. (See Title VI of TEA LU.) 

Sec. 1816. Distribution of metropolitan planning funds within states 

This section requires the states to distribute planning funds to 

the metropolitan planning organizations within 30 days of receipt 

of such funds from the Secretary. 

Sec. 1817. Treatment of off ramp 

This section specifies that an off-ramp in California meets the requirements of Title 23 that govern the approval of the placement 

of ramps off a Federal-aid Highway. 

Sec. 1818. Loan forgiveness 

This section specifies that a loan has satisfied its repayment obligations. 

Sec. 1819. Lead agency designation 

This section specifies that a specific agency in California be the 

lead agency for a highway project authorized in 1991. 

Sec. 1820. Use of debris from demolished bridges and overpasses 

This section specifies that any debris from a demolished Federalaid bridge or overpass can be used for beneficial public use by Federal, State, and local governments. 

Sec. 1821. Hubzone program 

Sec. 1822. Technical changes to TEA 21 projects 

This section makes changes to projects authorized in TEA 21. 

Sec. 1823. National Work Zone Safety Information Clearinghouse 

This section provides grants to establish and operate a National 

Work Zone Safety Information Clearinghouse. 

Sec. 1824. Transportation conformity 

This section makes transportation-related changes to the Clean 

Air Act. 

Sec. 1825. Eligibility to participate in Western Alaska Community 

Development Quota Program 

Sec. 1826. Metropolitan regional freight and passenger transportation study 

This section authorizes the Secretary to enter into an agreement 

with two universities to study metropolitan regional freight and 

passenger transportation. 

Sec. 1827. Intermodal transportation facility expansion 

Sec. 1828. Advanced truck stop electrification system 

This section includes a definition for Advanced Truck Stop Electrification Systems in title 23 and clarifies that such systems are 

eligible under STP. 

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Sec. 1829. Technology 

This section encourages states to consider using a new technology to detect cracks in bridges. 

Sec. 1830. Extension of public transit vehicle exemption from axle 

weight restrictions 

This section extends the exemption that public transit vehicles 

and over-the-road buses have from axle weight restrictions. 

Sec. 1831. Motorcyclist advisory council 

This section establishes an advisory council to address relevant 

highway infrastructure issues as they relate to motorcyclists. 

Sec. 1832. Sharing of monetary recoveries 

This section addresses the sharing of monetary judgments from 

Federal proceedings pertaining to fraud in Federally funded highway and public transportation programs. 

Sec. 1833. Eligibility under CMAQ 

This section specifies that advanced truck stop electrification system is an eligible activity under CMAQ. 

Sec. 1834. Sense of Congress Regarding Buy America 

The Committee is concerned that the intent of Congress in the 

original Buy America (P.L. 97–424 § 165) is being misinterpreted 

on federally funded bridge projects. The Buy America provision provides that domestic iron and steel be used in federal transportation 

projects unless its use would increase the ‘‘overall project contract’’ 

by more than 25 percent. The problem that is emerging in the 

highway bridge industry is that project managers are attempting 

to circumvent the Buy America requirement by breaking bridge 

projects into component parts and applying the 25% test separately 

to each of the component parts, rather than to the entire bridge 

project as required by law. The intent of the Buy America/domestic 

content law was to ensure that when taxpayer money is invested 

on direct federal government procurement and infrastructure 

projects, these expenditures stimulate U.S. production and employment. This provision is intended to end any confusion or misinterpretation of the law by making clear that it is the Sense of Congress that the Buy America test applies to the overall bridge 

project. 

Sec. 1835. Community enhancement study 

This section directs the Secretary to make a grant to, or enter 

into a cooperative agreement or contract with, a national organization representing architects who have expertise in the design of a 

wide range or transportation and infrastructure projects to conduct 

a study on the role of well-designed transportation projects in promoting community enhancement. 

Sec. 1836. Transportation and local workforce investment 

This section expresses the sense of the Congress that Federal 

transportation projects should facilitate and encourage the collaboration between interested persons to help leverage scarce training 

398 

and community resources and to help encourage local participation 

in the building of transportation projects. 

Sec. 1837. Special rule for fiscal year 2004 

This section states that where fiscal year 2004 authorized 

amounts in this title differ from fiscal year 2004 authorized 

amounts in the Surface Transportation Extension Act of 2004, Part 

V (STEA Part V), then STEA Part V governs. 

NIGHT-TIME CONSTRUCTION

Presently the federal government is investing more than $30 billion annually on roadway construction projects. This significant investment is creating increased motorist exposures to roadway work 

zones. Since 1997 the number of fatalities in roadway work zones 

for both motorists and construction workers has grown by over 70 

percent. With nearly 1,200 fatalities and 40,000 injuries occurring 

annually in roadway construction zones, work zone safety is a serious public health concern. 

Since most road work today involves reconstruction, rehabilitation and maintenance of existing roadways, it is conducted adjacent 

to traffic. As a result, more and more jurisdictions across the country are looking to night-time construction as a way to reduce motorist delay and inconvenience by scheduling work when traffic is 

lighter. 

The Committee is concerned about the impact of night-time construction on motorists, workers and communities. Current information is not comprehensive or well communicated to public and private entities and individuals that need it most. 

The Committee directs the Federal Highway Administration to 

conduct and compile research on many aspects of night-time road 

construction, including: • Comparisons between work zone-related crash rates daytime and night-time construction operations; • Rates and frequencies of incidents caused by drivers under 

the influence of alcohol, drugs and/or other substances causing 

driver impairment; • Rates and frequencies of incidents caused by drivers and 

workers who are tired or sleep deprived; • Impacts on worker health and welfare; • Impacts on adjacent communities; • Impacts on construction quality and work schedules; and • General impact on roadway construction worker safety. 

The Committee directs the Federal Highway Administration to 

report to the Committee two years after passage of this legislation 

on the results of its research. 

CATHODIC BRIDGE PROTECTION STUDY

The issue of the increased cost to repair/replace concrete bridges 

due to the corrosion of steel rebar in bridges caused by exposure 

to a chlorine environment is a critical one that Congress must 

begin to address. The Committee directs the Secretary to study the 

application of cathodic protection technology to concrete bridges in 

order to extend the life of the bridge and reduce future repair costs. 

The Committee also directs the Secretary to report to Congress 

on the results of any study. 

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TRAFFIC CONTROL AT HIGHWAY-RAILWAY CROSSINGS

With respect to increasing safety at grade crossings, the Committee notes that 1,431 people have been killed in 11,860 accidents 

at public crossings with crossbuck devices during the past ten 

years. The size, weight, and design of trains prevent them from 

being able to stop and start as quickly as an automobile or truck. 

Given the importance of safety at highway-rail crossings, the Committee urges the Secretary of Transportation to revise the Manual 

of Uniform Traffic Control Devices and such other regulations and 

agreements of the Federal Highway Administration as may be necessary to require ‘‘yield’’ signs be installed at all public highwayrail crossings without automatic traffic control, save for those 

crossings which, in the judgment of the roadway authority, require 

‘‘stop’’ signs, together with appropriate advance warning signs at 

all crossings. 

In October of 2004, Federal Highway Administration (FHWA) 

was requested to issue an interim order amending the Manual on 

Uniform Traffic Control Devices to include a standard that ‘‘yield’’ 

signs be installed at all public crossings with passive devices, except at those which the roadway authority deemed to require a 

‘‘stop’’ sign based on an exhaustive study contained in National Cooperative Highway Research Program (NCHRP) Report 470. Considering that the NCHRP Report 470 was completed in at the end 

of 2001, the Committee urges the Secretary to act immediately to 

consider appropriate changes to the Manual of Uniform Traffic 

Control Devices. 

TITLE 23 DEFINITION OF ‘‘CONSTRUCTION’’ 

The Committee interprets the definition of ‘‘Construction’’ in section 101(a)(3) in title 23 to include under paragraph (G), improvements that directly facilitate and control traffic flow, such as grade 

separation of intersections, widening of lanes, chanelization of traffic, traffic control systems, reversible lanes, contraflow lanes, moveable medians, coordinated traffic signalization, managed lanes, and 

passenger loading and unloading areas. 

TITLE 23 DEFINITION OF ‘‘OPERATION IMPROVEMENT’’ 

The Committee interprets the definition of ‘‘Operation Improvement’’ in Section 101 in title 23 to include a capital improvement 

for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated 

traffic control systems through such means as reversible lances, 

contraflow lanes, moveable medians, coordinated traffic signalization, and managed lanes. 

HIGHWAY-TRANSIT FUNDING TRANSFER AUTHORITY

In 1991, the Intermodal Surface Transportation Efficiency Act 

(ISTEA) provided additional authority for states to transfer Federal 

funds between highway and transit programs. In 1998, Congress 

continued and expanded this transfer authority. Many States have 

actively used this authority to transfer Federal funds between 

highway and transit programs. The committee believes it is important to review how the States and public transit authorities have 

used this transfer authority and directs the Government AccountVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00401 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
400 

ability Office to report to Congress on the use of this transfer authority by the States and public transit authorities, the highway 

and transit projects funded with these funds, and the U.S. Department of Transportation administrative mechanisms to track the 

use of these transferred funds. This report should be completed as 

soon as practicable and no later than two years after the date of 

enactment. 

The Committee notes that, in the Design Standards Manual for 

construction of Interstates and their improvement, the requirements for control of access at ramp terminals in urban areas is 100 

feet and 300 feet in rural areas. The Committee instructs the Federal Highway Administrator within 180 days to provide an explanation to the Committee for the different treatment of rural and 

urban access control at ramp terminals. 

TITLE II—HIGHWAY SAFETY 

Motor vehicle crashes are the leading cause of death between the 

ages of 3 through 33. In 2003, a total of 42,643 people were killed 

in traffic crashes, and an additional 2.89 million were injured. Alcohol-related deaths account for 40 percent of all traffic fatalities. 

Fifty-six percent of those killed in passenger vehicles in 2003 were 

not wearing seat belts. It is estimated that highway crashes cost 

society $230.6 billion each year, about $820 per person. 

Sec. 2001. Authorizations of appropriations 

This section authorizes funds for the section 402 highway safety 

grant program; occupant protection incentive grants under section 

405; alcohol-impaired driving countermeasures incentive grants 

under section 410; state traffic safety information improvements 

under section 412; the national driver registery; and the high visibility enforcement program. 

The Secretary is provided the flexibility to transfer any amounts 

remaining available under the occupant protection incentive grant 

program, the alcohol-impaired driving countermeasures program, 

and the state traffic safety information system improvements program to ensure, to the maximum extent possible, that each state 

receives the maximum amount of incentive grants under these programs for which the state is eligible. 

Sec. 2002. Occupant protection incentive grants 

This section extends the occupant protection incentive grant program through the term of the legislation. A state may become eligible for these grants by either having a seatbelt usage rate of at 

least 85 percent or by implementing at least four of the six safety 

incentives under the program. 

Sec. 2003. Alcohol-impaired driving countermeasures 

This section extends the alcohol-impaired driving countermeasures program over the term of the legislation. The criteria for 

eligibility under the Basic Grant A program is expanded to includ 

states that have an alcohol-related fatality rate of 0.5 or less per 

100 million vehicle miles traveled. The eligibility criteria for Basic 

Grant A is amended, under the administrative license revocation 

requirement, to permit a state to allow a first time offender who 

has had his or her license suspended to operate a motor vehicle, 

401 

after a 15-day suspension period, to and from employment, school, 

or an alcohol treatment program if an ignition interlock device is 

installed on the vehicle. Similarly, a state may allow a repeat offender who has had his or her license suspended or revoked to operate a motor vehicle, after a 45-day suspension or revocation period, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on the vehicle. 

Under the Basic Grant A criteria, four new eligibility requirements are added in lieu of eliminating the young adult drinking 

awareness program. The new requirements are a judicial and prosecutorial outreach program, a self-sustaining drunk driving prevention program, programs for effective alcohol rehabilitation, and a 

program for impounding vehicles of drunk drivers. States may become eligible for Basic Grant A by implementing at least six eligibility criteria for fiscal years 2005 and 2006 and at least seven criteria for the following fiscal years. 

The criteria for the eligibility for a Basic Grant B is amended to 

permit a state to receive a grant if its alcohol-related fatality rate 

is 0.8 or more per 100 million vehicle miles traveled and the state 

establishes a task force to evaluate and recommend changes to the 

state’s drunk driving programs. The supplemental grant program 

is repealed. 

Sec. 2004. State traffic safety information system improvements 

This section authorizes a new section 412 program for state traffic safety information system incentive grants to encourage states 

to adopt and implement effective safety data systems. The Secretary is required to determine the model data elements necessary 

to analyze trends in crash occurrences, rates, outcomes, and circumstances. To receive a grant, a state must comply with safety 

data system requirements under this section and use the grant 

only to implement such requirements. 

Sec. 2005. High visibility enforcement program 

The Secretary is required to establish a program to support national impaired driving mobilization and enforcement efforts and 

national safety belt mobilization and enforcement efforts, including 

the purchase of national paid advertisements to support such efforts. 

Sec. 2006. Motorcycle crash causation study 

The Secretary is required to conduct a study of the causes of motorcycle crashes and to submit a report to Congress on the results 

of the study not later than 3 years after the date of enactment of 

this legislation. 

Sec. 2007. Child safety and booster seats 

This section authorizes a child safety and child booster seat incentive grant program for the benefit of states that enact or enforce 

a law requiring children riding in passenger vehicles to be secured 

in child safety seats or child booster seats. States may use grants 

under this section only to carry out child safety seat and child 

booster seat programs, including education, training, enforcement, 

and the purchase and distribution of child restraints to families 

that cannot otherwise afford them. Each state to which a grant is 

402 

made under this section must transmit a report to the Secretary 

indicating how the grant funds were expended and identifying the 

specific programs supported by the grant. 

Sec. 2008. Motorcyclist safety 

This section establishes a new motorcyclist advisory council to 

advise the Federal Highway Administrator on infrastructure issues 

that concern motorcyclists. This section also establishes a motorcycle safety incentive grant program for states that adopt and implement effective programs to reduce the number of single- and 

multi-vehicle crashes involving motorcycles. 

Sec. 2009. Driver fatigue 

This section adds driver fatigue to the list of safety factors that 

must be included in state highway safety programs in accordance 

with uniform guidelines promulgated by the Secretary under section 402. The Committee wishes to acknowledge the contribution of 

‘‘Maggie’s Law’’ to its deliberations on this issue. 

Sec. 2010. Authorizations of appropriations for highway safety research and development 

This section authorizes funds out of the Highway Trust Fund for 

carrying out section 403 safety research and development. 

Sec. 2011. Safety data 

This section requires the Secretary to collect data and compile 

statistics on accidents involving motor vehicles being backed up 

that result in fatalities and injuries. The Secretary is required to 

transmit a report to Congress not later than January 1, 2009, on 

these accidents and any recommendations regarding measures to 

be taken. 

Sec. 2012. Driver performance study 

This section directs the Secretary to conduct a study on the risks 

associated with glare to oncoming drivers and to submit a report 

of findings and recommendations to Congress not later than 18 

months after enactment. 

TEEN DRIVERS STUDY

Young drivers have the highest traffic crash risk of any age 

group, and are more likely to be involved in crashes involving driver error and speed than older drivers. The Committee directs the 

Secretary to conduct a study on the major causes of traffic crashes 

involving teen drivers and evaluate existing teen driver programs. 

Not later than one year after the date of enactment of this Act, the 

Secretary shall transmit a report to the Committee on the results 

of the study and recommendations to reduce the number of traffic 

crashes involving teenagers, including recommendations for model 

driving school curriculum and graduated licensing requirements. 

403 

TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS 

Sec. 3001. Short title; amendments to Title 49, United States Code 

Title III of the bill is cited as the ‘‘Federal Public Transportation 

Act of 2005.’’ All amendments in this title, unless otherwise specified, are made to title 49 of the United States Code. 

Sec. 3002. Policies, findings, and purposes 

This section and subsequent sections of the bill change the terminology used to describe the federal transit programs, which have 

grown far beyond the original mission and orientation of ‘‘urban renewal’’ in the Federal Transit Administration’s organic statute, the 

Urban Mass Transportation Act of 1964. Today, the federal transit 

programs also provide vital transportation services to rural and 

other non-urban constituencies. The title change and subsequent 

legislative changes to chapter 53, title 49 United States Code in 

which the terms ‘‘mass transit’’ or ‘‘mass transportation’’ are replaced by ‘‘public transportation’’ reflect this evolution. 

Sec. 3003. Definitions 

This section includes amendments to section 5302 of title 49, 

United States Code that change definitions that apply generally to 

all of chapter 53, except as otherwise specifically provided. These 

changes include adding new eligibilities for Federal capital transit 

funding. Newly eligible uses for these capital funds include: (1) acquiring, constructing, relocating, and renovating intercity bus stations and terminals; (2) crime prevention and security projects (including security training for personnel and conducting emergency 

response drills); (3) establishing a debt service reserve fund for 

bond payments when such bonds are used for the purpose of financing an eligible transit project; and (4) mobility management 

activities and projects. Mobility management activities and projects 

improve the coordination among public transportation and other 

transportation service providers through short-range planning and 

management activities, such as buying computer software that 

matches public transportation riders and non-emergency medical 

and other human services clients to transportation services. Directly providing public transportation services is not an eligible 

capital expense under this definition. 

Under current law, the terms ‘‘mass transportation,’’ ‘‘public 

transportation,’’ and ‘‘transit’’ are interchangeable. Under the 

changes made in this section, these three terms are still synonymous. However, ‘‘public transportation’’ becomes the principal defined term. 

Sec. 3004. Metropolitan planning 

This section amends sections 5303 and 5304 of title 49, United 

States Code, which contain the metropolitan planning process for 

federal transit funded programs under current law. The Transportation Equity Act: A Legacy for Users consolidates the current law 

metropolitan planning provisions under sections 5303 and 5304 of 

title 49 and under sections 134 of title 23 into a unified planning 

title for both transit and highways under chapter 52 of title 49. For 

ease of reference, section 5303 of title 49 is amended to reflect that 

grants made under sections 5307–5311, 5316 and 5317 are to be 

404 

carried out in accordance with chapter 52. (See Title VI of the bill, 

which contains the planning provisions.) 

Subsection 5303(b) as amended in this section requires the Secretary to certify that metropolitan planning organizations in transportation management areas (urbanized areas of more than 

200,000 in population) comply with all planning and other applicable requirements in law in their transportation planning activities. 

In section 5306(a) (which is not amended), transit grant recipients 

are directed to encourage, to the maximum extent feasible, private 

enterprise participation in transit plans and programs. However, 

the Secretary may not withhold certification of a transit grantee’s 

plans based on private enterprise participation. This is a standing 

limitation in existing law under section 5305(e)(3). 

Sec. 3005. Statewide planning 

The Transportation Equity Act: a Legacy for Users consolidates 

the metropolitan and statewide planning provisions currently 

under title 23 and chapter 53, title 49 into a unified planning title 

for both transit and highways under chapter 52 of title 49. For ease 

of reference, section 5304 of title 49 is amended to reflect that 

grants made under sections 5307–5311, 5316 and 5317 are to be 

carried out in accordance with chapter 52. Under current law (section 5323(l)), statewide transit planning was subject to statewide 

highway planning processes outlined in section 135 of title 23. (See 

Title VI of the bill, which contains the planning provisions.) 

Sec. 3006. Planning programs 

Metropolitan planning and statewide planning funding provisions 

contained in current law sections 5303(g) and 5313(b) are moved 

into a unified section on planning programs as the amended section 

5305 of title 49. The current law section 5305 pertains to metropolitan planning requirements for transportation management areas, 

which is included in the unified metropolitan planning sections of 

chapter 52. 

Subsections 5305(a), (b) and (c) establish the general planning 

grant authority and purposes. Subsection (d) describes the metropolitan planning grant apportionment process. Subsection (e) describes the state planning and research grant apportionment process. Subsection (f) sets the Government’s share of planning grant 

activity costs at 80 percent. Subsection (g) describes the allocation 

of planning funds made available under funding authorization section 5338(c) between metropolitan planning and statewide planning, using the same percentages set in current law section 

5338(c)(2)(C) (82.72 percent for metropolitan planning and 17.28 

percent for state planning and research). In subsection (h), funds 

remain available for three years after the fiscal year in which the 

funds are authorized, the same period of availability as under current law. 

Sec. 3007. Private enterprise participation 

This section title has been shortened to more clearly reflect the 

provisions within. The text of section 5306 of title 49, United States 

Code is not amended. 

405 

Sec. 3008. Urbanized area formula grants 

This section amends section 5307 of title 49, United States Code, 

which contains provisions governing the eligibility and procedures 

for urbanized area formula grants to transit providers in areas of 

50,000 and more in population. Two existing law subsections are 

deleted. Subsection 5307(h) is deleted as a technical cleanup, because streamlined administrative procedures for track and signal 

equipment certification have already been promulgated as directed 

in the subsection. Subsection 5307(k) regarding transit enhancement activities is also deleted, but the requirement that one percent of urbanized area formula grant funds for recipients in areas 

of over 200,000 be invested on enhancement activities is retained, 

and added to the list of grant recipient requirements in subsection 

5307(d)(1). Treating the one percent enhancement requirement as 

a grant recipient requirement rather than a set-aside relieves the 

Federal Transit Administration (FTA) from making separate one 

percent apportionments for transit enhancements activities. 

Subsection 5307(b) is amended in paragraph (1) by restating the 

general authority for urbanized area formula grants in a list format. There is no change to the existing law authority to make 

grants for: capital projects and associated capital maintenance 

items; planning; transit enhancements; and, in areas with a population of less than 200,000, operating expenses. In paragraph (2), 

the existing extension of operating flexibility in urbanized areas 

that were less than 200,000 under the 1990 Census, but increased 

to more than 200,000 in the 2000 Census, is further extended 

through the end of fiscal year 2005. 

Currently under subsection 5307(d), recipients are required to 

certify that they have the legal, financial, and technical capacity to 

carry out the program of projects for which they are applying as 

an urbanized area formula grant. This is amended in subparagraph 

(d)(1)(A) to additionally require that recipients certify such legal, financial, and technical capacity for the safety and security aspects 

of their program of projects. Subsection 5307(d) is also amended, as 

discussed above, by adding the requirement that grantees in urbanized areas over 200,000 in population certify that one percent of 

each grant amount is spent on enhancement activities. 

Subsection 5307(e) regarding the Government’s share of costs is 

amended by deleting the 1985 baseline limitation on local match 

revenues resulting from the sale of advertising or concessions. Additionally, recipients are authorized to use amounts received under 

service agreements with a State, local social service agency, or private social service organizations as local match. This creates an incentive to transit agencies to better coordinate transportation services with human service agencies that provide transportation services. 

Section 5307(i) is redesignated as section 5307(h) and amended 

to give the Secretary discretion to require annual audits rather 

than mandate them. There remains in place an audit requirement 

pursuant to the Single Audit Act, which requires an annual audit 

of all Federal grantees receiving grants exceeding $300,000, which 

constitutes about 83 percent of all section 5307 grants. Auditing 

smaller grants would be discretionary, based on the FTA’s annual 

risk assessment process. 

406 

Subsection 5307(l) as redesignated, Relationship to Other Laws, 

strikes subparagraph (1) and moves the provision contained therein 

to the General Provisions on Assistance in section 5323, to make 

the prohibition on making false or fraudulent statements to the 

Government (18 U.S.C. section 1001) applicable to any Federal 

public transportation grant program. The existing law paragraph 

(2) regarding the other sections of title 49 that apply to the Urbanized Area Formula Grants program is retained and redesignated as 

paragraph (1). A new paragraph (2) is added that exempts non-supervisory transit employees from the Hatch Act limitations, if the 

Hatch Act applies only because the employees’ salaries are funded 

through Federal grants under this section. This exemption will 

apply only to employees in urbanized areas under 200,000 in population, where up to 50 percent of the net project cost may be derived from Federal grant funds. This codifies existing Federal transit law, although the provision does not otherwise appear in title 

49 because of a codification error in Public Law 103–272, which revised and codified without substantive change certain general and 

permanent laws related to transportation. The provision is identical to section 142(g) of title 23, regarding non-supervisory employees of urban mass transportation systems receiving funds under 

the Federal-aid highway program. 

Subsection 3008(h) adds a new subsection 5307(m) regarding the 

treatment of the United States Virgin Islands, which shall be treated as an urbanized area for the purposes of apportionments under 

section 5307. 

SEC. 3009. Clean fuels formula grant program 

Section 3009 amends section 5308 of title 49, United States Code, 

regarding the clean fuels formula grant bus procurement program. 

Funds are apportioned to recipients in urbanized areas that are 

designated as nonattainment areas for ozone or carbon monoxide 

under section 107(d) of the Clean Air Act or are maintenance areas 

for ozone or carbon monoxide. These grant funds can be used to 

purchase or lease clean fuel buses, construct or lease vehicle-related equipment supporting such clean fuel buses, and construct 

new or improve existing facilities to accommodate clean fuel buses. 

Clean fuel buses include those powered by clean diesel, compressed 

natural gas, liquefied natural gas, biodiesel fuels, batteries, alcoholbased fuels, hybrid electric power systems, fuel cells, or other low 

or zero emission technologies. Not more than 35 percent of the 

funds made available under the clean fuels formula grant program 

may be used for clean diesel bus technology. The apportionment 

formula is weighted such that two-thirds of the funds go to recipients serving urbanized areas with a population of 1,000,000 or 

more and one-third of the funds go to recipients serving urbanized 

areas of less than 1,000,000. The formula is also weighted by the 

severity of nonattainment in the urbanized area being served. 

The grant requirements of section 5307 apply to the clean fuels 

formula grant program. The Federal share for the clean fuels formula grant program may be increased in accordance with section 

5323(i), which allows a 90 percent Federal share of the net incremental project cost of equipment that is attributable to compliance 

with the Clean Air Act. 

407 

Funds made available under the clean fuels formula grants program remain available for one year after the fiscal year in which 

the amounts are made available, a total of two years. Funds that 

remain available after this period are added to the amount to be 

made available for the program in the next fiscal year. 

The Committee intends that the Secretary shall encourage recipients of clean fuels formula grants to adequately invest in infrastructure facilities to accommodate the needs of these alternatively 

fueled vehicles. 

Sec. 3010. Capital investment grants 

This section amends section 5309 of title 49, United States Code, 

which authorizes capital investment grants for new fixed guideway 

capital projects (‘‘new starts’’), fixed guideway modernization (‘‘rail 

modernization’’), and bus and bus-related facilities. All references 

in the current law section heading and text to ‘‘capital investment 

loans’’ are deleted from section 5309 since, historically, only capital 

investment grants have been awarded pursuant to this section. 

Two existing law subsections are deleted. Subsection 5309(b), 

which deals with loans for real property interests, is struck because 

the authority to use Federal transit grants under this section for 

real property loans has not been utilized and is being eliminated. 

Subsection 5309(c) is reserved under current law, and is deleted as 

a technical cleanup. The existing subsection 5309(d) is moved to 

subsection (b), and requires that projects funded under this section 

be part of an approved program of projects that has gone through 

the planning process outlined in section 5303–5306, have the legal, 

financial, and technical capacity to carry out the project, and have 

the capability to maintain satisfactory continuing control and 

maintenance of the equipment and facilities associated with the 

project. Subsection (b) (as redesignated) is further amended by 

striking the reference to capital loans. 

The remaining subsections (e) through (p) of section 5309 are deleted and rewritten as the new subsections (c) through (n), with 

some organizational changes and the addition of one new program, 

capital investment grants of less than $75 million (‘‘small starts’’). 

Subsection 5309(c), concerning major capital investment grants 

of $75 million or more includes the new starts program requirements and FTA evaluation and rating criteria found in current law 

subsection 5309(e). The term describing all new starts and small 

starts projects is changed from the current law ‘‘capital project for 

a new fixed guideway system or extension of an existing fixed 

guideway system’’ to ‘‘new fixed guideway capital project’’ for the 

sake of brevity. The new term is defined in subsection (n) as a minimum operable segment of a capital project for a new fixed guideway system or extension to an existing fixed guideway system, 

which is the same definition for new starts projects as under current law subsection 5309(p). Subsection 5309(c) pertains only to 

those new fixed guideway capital projects that will require $75 million or more of Federal assistance provided under the authority of 

Section 5309. Such projects are defined as ‘‘major’’ new starts as 

opposed to small starts, which involve less than $75 million in such 

funds and are authorized under subsection (d). 

Major new starts projects must be carried out through a full 

funding grant agreement with the Secretary. Projects must be auVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00409 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
408 

thorized for final design and construction to enter into a full funding grant agreement. (New starts project authorizations are contained in section 3037 of the bill.) The full funding grant agreement 

is based upon the evaluations and ratings required under subsection 5309(c). The baseline requirements for a project to secure 

a grant under this subsection is that the project proposal must be 

based on the results of alternatives analysis and preliminary engineering; justified based on a comprehensive review of the project’s 

benefits; and supported by an acceptable degree of local financial 

commitment. The project justification and local financial commitment evaluation criteria are outlined in detail in subparagraphs 

(c)(3)(A)–(D), consistent with the current law criteria found in subsection 5309(e)(2)–(4). In assessing the local financial commitment 

for a new starts project, the FTA is authorized to consider the extent to which the project sponsor has overmatched the statutory 

local match requirement of 20 percent. However, the authority to 

consider a higher local match as part of the assessment of a 

project’s local financial commitment does not allow the Secretary to 

require a higher local match than 20 percent. 

Proposed new starts projects under subsection (c) are authorized 

to advance from alternatives analysis to preliminary engineering, 

and from preliminary engineering to final design and construction, 

if the Secretary finds that the project meets the requirements of 

this section. In making these findings, the Secretary is directed to 

evaluate and rate the project as ‘‘highly recommended’’, ‘‘recommended’’, or ‘‘not recommended’’ based on the results of alternatives analysis, the project justification criteria, and local financial commitment. 

Subsection 5309(d) regarding capital investment grants of less than $75 million authorizes a new program under Capital Investment Grants. These ‘‘small starts’’ fall into two subcategories— 

those involving between $25 million and $75 million in funds under 

section 5309, and those that are less than $25 million. New fixed 

guideway capital projects with a section 5309 Federal share of less 

than $25 million are not subject to the requirements of this subsection regarding project evaluation and rating and do not enter 

into a long-term financial contract with the Secretary (called a 

‘‘project construction grant agreement’’ in the small starts program). Under the small starts program, lower-cost fixed guideway 

projects such as streetcars, bus rapid transit, and commuter rail 

projects will be advanced through an expedited and streamlined 

evaluation and rating process. As the Federal Transit Administration develops administrative and regulatory guidance for the implementation of the small starts program, the process and procedures 

adopted should be representative of the relative size and scope of 

the projects. 

Project justifications for the small starts program are based on 

five criteria: consistency with local land use policies and likelihood 

to achieve local developmental goals; cost effectiveness of the 

project at the time revenue service is initiated; degree of positive 

impact on local economic development; reliability of cost and ridership forecasts; and other factors the Secretary considers appropriate to carry out this subsection. The Secretary is also required 

to analyze and consider the results of planning and the alternatives 

analysis for the project. The small starts evaluation process should 

409 

consider the economic benefits of the project, including the level of 

private sector investment associated with the advancement of the 

project. The small starts local financial commitment evaluation is 

a streamlined version of the new starts financial evaluation process. The Secretary is directed to require that each proposed local 

source of capital and operating financing is stable, reliable, and 

available within the proposed project timetable, and that there be 

an acceptable degree of local financial commitment. This provision 

gives the Secretary the authority to consider a higher local match 

as part of the assessment of a project’s local financial commitment, 

but does not allow the Secretary to require a higher local match 

than 20 percent. 

The project development process is also simplified. The new 

starts project development process involves four discrete steps: (1) 

planning and alternatives analysis, (2) preliminary engineering, (3) 

final design, and (4) entering into a full funding grant agreement 

and construction. The small starts program involves three steps: (1) 

planning and alternatives analysis, (2) project development, and (3) 

entering into a project construction grant agreement and construction. Small starts projects may advance from planning and alternatives analysis to project development and construction only after 

the Secretary finds that the project meets the requirements of this 

subsection and the local metropolitan planning organization adopts 

the locally preferred alternative into its long-range transportation 

plan. Small starts projects are evaluated based on project justification criteria and local financial commitment and are rated as ‘‘recommended’’ or ‘‘not recommended’’ based on the results of the 

FTA’s analysis. Only small starts projects that are authorized for 

construction and rated ‘‘recommended’’ may enter into a project 

construction grant agreement. 

Another important difference between the new starts program 

and the small starts program is that, under the small starts program, fixed guideway capital projects have a broader definition 

that includes corridor-based public transportation bus projects if 

the majority of the project’s right-of-way is dedicated alignment. 

However, the program is written to be ‘‘mode neutral’’—any fixed 

guideway capital project fitting the broader definition under small 

starts is eligible to be funded under this category if it is less than 

$75 million in section 5309 Federal funds, whether it is a bus rapid 

transit project, a streetcar or trolley project, commuter rail, or light 

rail. However, all small starts projects must be included under the 

new starts authorization list in section 3037 of this bill to receive 

funds in subsequent appropriations bills within this authorization 

period. 

In subsection 5309(e), projects for which the FTA has previously 

issued letters of intent and full funding grant agreements before 

the date of enactment are exempted from any new program requirements under subsections (c) or (d). All new starts projects for 

which FTA has received an application for final design that fall 

under the $75 million threshold shall continue to be treated as 

major new fixed guideway capital projects, to avoid a duplicative 

review and evaluation process. The FTA is directed to promulgate 

regulations establishing the evaluation and rating process for the 

small starts program within 120 days after the enactment of this 

Act. 

410 

Subsection 5309(f) describes three federal financing mechanisms 

that can be used to support new fixed guideway capital projects 

funded under this section: letters of intent, full funding grant 

agreements, and early systems work agreements. These provisions 

are identical to those found in subsection 5309(g) under existing 

law. Subsection 5309(f)(4) addresses the issue of contingent commitment authority for major new starts and for small starts. Contingent commitment authority enables the Secretary to commit 

Federal funds in a full funding grant agreement or project construction grant agreement that extends beyond the end of the authorization period. The total amount the Secretary can commit is 

limited. For full funding grant agreements with major new starts 

projects, the total amount covered by all outstanding full funding 

grant agreements may not be more than the greater of the amount 

authorized for new starts for the 6-year life of the authorization, 

plus an amount equivalent to the last 3 fiscal years of the funding 

allocated for new starts under the authorization. For project construction grant agreements, the limitation extends only one fiscal 

year beyond the total 6-year life of the authorization. In subsection 

5309(f)(5), the Secretary is directed to notify, in writing, the House 

Committee on Transportation and Infrastructure and the Senate 

Committee on Banking, Housing, and Urban Affairs before issuing 

a full funding grant agreement or project construction grant agreement, which allows the authorizing committees to review each 

long-term federal financing commitment before it is executed by 

the Secretary. 

Subsection 5309(g) outlines the Government’s share of the net 

project cost for all projects authorized under section 5309. The Administration had proposed to decrease the Government’s share for 

new start projects to 50 percent. The Committee has rejected this 

proposal, and retains the provision under subsection 5309(h) in current law that the Federal share for a project shall be 80 percent, 

unless the grant recipient requests a lower grant percentage. New 

language is included clarifying that nothing in section 5309, including the language that specifically directs the FTA to consider in its 

evaluation of a project the extent to which a project has a higher 

local match than required by law, shall be construed as authorizing 

the Secretary to require a local match higher than 20 percent of 

the net capital project cost. 

Subsection 5309(i) directs the Secretary to submit an annual new 

starts report to the House and Senate authorizing committees on 

the first Monday in February, which includes the Administration’s 

funding proposals for new starts projects in the coming fiscal year, 

and evaluations and ratings for all new starts projects authorized 

in section 3037 of this Act. The current law requirement under subsection 5309(o)(2) regarding an August supplemental report is deleted. The Committee directs that the FTA shall forward letter updates to the House and Senate authorizing committees when a 

project advances to preliminary engineering or to final design after 

the publication of the annual new starts report. In subsection 

5309(i)(2), the U.S. General Accounting Office is directed to conduct 

an annual review of FTA’s processes and procedures for evaluating, 

rating, and recommending new starts projects and how the agency 

implements such processes and procedures. This review shall be 

submitted to the Congress by May 31 of each year. 

411 

Subsection 5309(k), regarding bus and bus facility grants, 

amends the existing law language under subsection 5309(m)(3). 

The current language regarding consideration of the age of buses, 

bus fleets, related equipment, and bus-related facilities when making grants is retained. Current law provisions that set aside funds 

for the bus testing facility in Altoona, Pennsylvania and for the section 5308 Clean Fuels formula program are deleted, as both these 

programs are now funded as set-asides from formula grants. 

Subsection 5309(l) is a new provision making bus and bus facilities and new starts grant funds available for three fiscal years (including the year in which the amount is made available or appropriated). Funds that remain unobligated after three years shall be 

deobligated and may be used by the Secretary for any purpose 

under this section. 

Subsection 5309(m) directs the allocation of amounts made available for programs authorized under section 5309. The existing formula of 40 percent for new starts, 40 percent for rail modernization, and 20 percent for bus and bus facilities is retained, after the 

funding levels authorized for small starts are set aside from the 

total amount made available for section 5309 programs. Subsection 

5309(m)(1) makes allocations for fiscal year 2004, using the current 

law practice of split funding each Federal transit program with 80 

percent funding from the Mass Transit Account of the Highway 

Trust Fund and 20 percent funding from the general fund of the 

U.S. Treasury. For fiscal years 2005–2009, the financing of Federal 

transit programs is changed to eliminate the practice of split funding accounts, though the overall 80:20 ratio of trust funds to general funds for all Federal transit programs is retained. Therefore, 

subsection 5309(m)(2) makes allocations for fiscal years 2005–2009 

from two different subsections of section 5338, which contains all 

Federal transit program apportionments. Subsection 5338(g) makes 

funds available for the rail modernization and bus and bus facilities programs from the Mass Transit Account. Subsection 5338(h) 

makes funds available for the new starts and the small starts programs from the general fund. The current law set-aside of $10.4 

million a year for ferry boats and ferry terminal facilities in Alaska 

or Hawaii is retained. A provision is added establishing a new setaside for the national fuel cell bus technology development program, authorized in section 3039 of the bill. 

Sec. 3011. Fomula grants for special needs of elderly individuals 

and individuals with disabilities 

This section amends section 5310 of title 49, United States Code, 

which authorizes formula grants to States for public transportation 

projects and services that meet the special needs of elderly and disabled individuals. The definition of grant recipient is amended in 

paragraph 5310(a)(2) by adding a definition for subrecipients, 

which is consistent with current practice. Section 5310 elderly and 

disabled formula grants are apportioned to the States and territories, whereupon a State may then allocate grant funds to: private 

nonprofit organizations if no public transportation service for these 

special needs is available, or if the available service is insufficient 

or inappropriate; or to governmental authorities that are approved 

by the State to coordinate services or that certify there are not any 

nonprofits organizations readily available to provide the transporVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00413 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
412 

tation services. In paragraph 5310(a)(3) and consistent with existing law under section 5310(d), acquiring public transportation services is treated as a capital expense under this section. In paragraph 

5310(a)(4), a 10 percent limitation is included on the amount of a 

State’s grant funds that may be used for recipient or for subrecipient administrative expenses and technical assistance. This 

codifies current FTA administrative practice. 

Subsection 5310(b) describes the apportionment and transfer 

processes, which follows current law, except that an adjustment is 

made to the apportionment formula for particularly low density 

States. Before the standard formula is run, which apportions funds 

based on the total number of elderly persons and persons with disabilities in a State to the total U.S. population of elderly and disabled, States with a population density of 10 persons or fewer per 

square mile have their elderly and disabled population number adjusted upward by a factor of 2; States with a population density of 

between 10 and 30 persons per square mile have their elderly and 

disabled population numbers adjusted upward by a factor of 1.25. 

In low density States, providing essential public transportation is 

particularly challenging, especially to special needs populations, because of the distances involved. When providing services over these 

long distances, operating costs are higher and farebox recovery is 

lower. This formula adjustment may enable low density States to 

continue providing essential public transportation services to a sector of the population that is particularly dependent on transit—the 

elderly and disabled. The provision regarding transfers of unobligated grant funds is identical to current law, and allows funds that 

may lapse under the one year availability to be transferred to other 

elderly and disabled transportation services in the State that are 

funded under sections 5307 or 5311. 

Subsection (c) amends current law regarding the Government’s 

share of costs. The current Federal match of 80 percent for capital 

projects is retained, except in cases where a State has a very high 

percentage of Federally-owned public lands. In such cases, the 

‘‘sliding scale’’ Federal match under section 120(b) of title 23, 

United States Code, is used. Operating expenses are also made eligible for section 5310 elderly and disabled grant funding, limited 

to 50 percent of net operating costs. Two new sources of local 

match funding are authorized: proceeds from a service agreement 

with a State, local social service agency, or private social service organization; and other Federal funds from non-Department of 

Transportation agencies that can be expended for transportation 

(e.g., Temporary Assistance for Needy Families, Medicaid, job 

training program funds, or Welfare to Work grants). Using these 

related human service grants funds as a local match for transit 

projects leverages the Federal investment and increases coordination among Federal agencies that provide transportation services. 

Subsection (d) regarding grant requirements changes the general 

applicability of requirements for the elderly and disabled grant program from current law, which ties the program to section 5309, to 

the requirements under section 5307, to the extent the Secretary 

considers appropriate. A new requirement is added that, beginning 

in fiscal year 2007, the State must certify that projects funded 

under this section are derived from coordinated public transithuman services transportation plans with public input. The current 

413 

law requirement that the State certify allocations of funds were 

made on a fair and equitable basis is retained. 

Subsection (e) repeats the current law provision in subsection 

5310(c) regarding use of program funds for projects included in a 

State program of projects that has been submitted annually to the 

Secretary for approval, and that provides for the maximum feasible 

coordination of transportation services. 

Subsection (f) allows vehicles acquired under this section to be 

leased to local governments to improve elderly and disabled transportation services (as under current law subsection 5310(g)). The 

remaining subsections 5310(h), (i) and (j) are redesignated as (g), 

(h) and (i) to follow. 

Sec. 3012. Formula grants for other than urbanized areas 

This section amends section 5311 of title 49, United States Code, 

regarding the apportionment of formula grant funds for non-urbanized areas. Subsection (a) amends the definition provisions under 

section 5311(a) to define an eligible recipient and sub-recipient of 

other than urbanized area funds. 

Subsection (b) amends the general authority provisions that 

allow other than urbanized areas to use formula grant funds for 

capital transportation projects, or operating assistance projects (including the acquisition of transportation services) provided the 

projects are contained in a state program of public transportation 

service projects. Under subsection 5311(b)(3), the rural transportation assistance program (RTAP), a national technical assistance, 

training and support program for rural public transportation providers, is funded with a 2 percent set-aside of the section 5311 

grant funds. From the amounts made available for the RTAP activities, up to 15 percent may be used by the Secretary to carry out 

projects of a national scope to sustain ongoing national activities. 

Under current law, the RTAP is funded out of the Research program. 

Subsection 5311(c) describes the apportionment process, which 

follows current law, except that an adjustment is made to the apportionment formula for particularly low density States. Before the 

standard formula is run, which apportions funds based on the total 

population in nonurbanized areas in a State to the total U.S. population in nonurbanized areas, States with a population density of 

10 persons or fewer per nonurbanized square mile have their population number adjusted upward by a factor of 1.5; States with a 

population density of between 10 and 12 persons per non-urbanized 

square mile have their population numbers adjusted upward by a 

factor of 1.25. In low density States, providing essential public 

transportation is particularly challenging because of the distances 

involved. When providing services over these long distances, operating costs are higher and farebox recovery is lower. This formula 

adjustment may enable low density States to provide essential public transportation services by establishing a level of funding that 

will support a baseline program. Funds remain available for two 

years after the fiscal year in which the amount is apportioned, consistent with current law. 

In subsection (e), an amendment is made to 5311(f) that requires 

States to consult with affected intercity bus service providers before 

certifying to the Secretary that intercity bus service needs of the 

414 

State are being adequately met without making the 15 percent allocation of funds to such services. Such consultation would help ensure the State’s awareness of any intercity bus service needs. 

Subsection (f) amends section 5311(g) to retain the existing Federal share for any capital project at 80 percent or less of the net 

project cost, as determined by the Secretary; except in cases where 

a State has a very high percentage of Federally owned lands. In 

such cases, the ‘‘sliding scale’’ Federal match under section 120(b) 

of title 23, United States Code, is used. Also retained is the Federal 

share for operating assistance at 50 percent or less of the net costs 

of an operating project, as determined by the Secretary. The remainder of the net project costs may be provided from a number 

of different sources, including amounts appropriated to or made 

available to a department or agency of the Federal government, 

other than the Department of Transportation (e.g., Temporary Assistance for Needy Families, Medicaid, job training program funds, 

or Welfare to Work grants). Using these related human service 

grants funds as a local match for transit projects leverages the Federal investment and increases coordination among Federal agencies 

that provide transportation services. 

Subsection (g) strikes section 5311(h) relating to operating assistance because operating assistance eligibility is included under the 

General Authority provisions at subsection (b). 

Subsection (h) corrects the title to Chapter Analysis. 

Sec. 3013. Research, Development, Demonstration, And Deployment 

Projects 

Currently, section 5312 of title 49, United States Code does not 

address deployment of emerging technologies, and inappropriately 

includes training provisions. As amended, section 5312 would authorize research, development, demonstration, and deployment 

projects, and would move the training provisions in subsections (b) 

and (c) to section 5322 (Human Resource Program). Under this 

subsection, the terms ‘‘other transactions’’ is included and is used 

to replace the terms ‘‘other agreements’’ to provide the Federal government with discretion to enter into project agreements under 

terms that would encourage private parties to participate in Federally assisted projects. Subsection 5312(a) is further amended to 

eliminate outdated references to the Secretary of Housing and 

Urban Development. All references to ‘‘urban’’ transportation are 

eliminated to clarify that all transportation is public transportation 

in both urban and rural areas. Mass transportation and public 

transportation have the same meaning under the transit programs. 

This subsection also contains a series of clarifying and conforming 

amendments. 

Sec. 3014. Cooperative Research Program 

Amendments made to section 5313 of title 49, United States 

Code provide the correct authorization citation for the research programs and moves subsection (b) to the state planning section under 

Chapter 52 of title 49. 

Sec. 3015. National Research and Technology Programs 

Section 5314 of title 49, United States Code is amended to delete 

the word ‘‘Planning’’ in the heading because the focus of the section 

415 

is on research and to include ‘‘Technology’’ in the heading to reflect 

the activities carried out under this subsection. Other amendments 

under this subsection correct the funding authorization citations 

and eliminate references to the planning sections of the title. The 

Secretary is required to continue to make funds available to help 

public transportation providers comply with the Americans With 

Disabilities Act of 1990. Under this section, the term ‘‘other transactions’’ is included to provide the Federal government with discretion to enter into project agreements under terms that encourage 

private parties to participate in federally assisted projects. The Industry Technical Panel composed of transportation suppliers and 

others involved in technology development is eliminated because 

the panel is no longer needed. The Federal Transit Administration 

has established an ongoing working relationship with all facets of 

the transit industry. 

Sec. 3016. National Transit Institute 

Section 5315 of title 49, United States Code is amended by striking references to mass transportation because public transportation 

is defined to mean mass transportation under the transit program. 

Sec. 3017. Job Access and Reverse Commute Formula Grants 

This section codifies the Job Access And Reverse Commute 

(JARC) program authorized under section 3037 of the Transportation Equity Act for the 21st Century. The program was established to assist welfare recipients and low-income individuals in 

getting to and from jobs. Under the proposed codified provisions of 

section 5316, subsection (a) applies definitions for eligible projects, 

low-income individuals, recipients, reverse commute projects, subrecipients, and welfare recipients. 

As proposed in subsection (b), the Secretary would make grants 

for access to jobs and reverse commute projects to be carried out 

by the recipient or a subrecipient. A recipient would be permitted 

to use up to 10 percent of the amount it receives under this section 

to administer, plan, and provide technical assistance. 

Subsection (c) proposes a formula for JARC funds that apportions 

60 percent of the funds to designated recipients in urbanized areas 

with a population of 200,000 or more in a ratio reflecting the number of eligible low-income and welfare recipients in each urbanized 

area with a population of 200,000 or more; 20 percent of the funds 

are apportioned among the states in a ratio reflecting the number 

of eligible low-income and welfare recipients in urbanized areas 

with populations of less than 200,000 in each state; and 20 percent 

of the funds are apportioned among states in a ratio reflecting the 

number of low-income individuals and welfare recipients in other 

than urbanized areas in each state. 

The funds must be used for eligible projects in the designated 

areas, except funds made available in urbanized areas with populations less than 200,000 and nonurbanized areas may be transferred for projects anywhere in the state if the state has established a statewide program for meeting the objectives of this section and the Governor of the state certifies that all of the objectives 

of this section are being met in the specific area. The recipient of 

JARC funds in an urbanized area with a population of 200,000 or 

more must conduct a competitive process for an areawide solicitaVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00417 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
416 

tion for applications for grants to the recipients and subrecipients. 

Statewide solicitations must be conducted in urbanized areas of 

less than 200,000 and in nonurbanized areas for applications for 

grants to the recipients and subrecipients. All grants shall be 

awarded on a competitive basis. 

After consulting with responsible local public transportation officials and publicly owned operators of transportation in each area 

JARC funds were originally awarded, a state may transfer funds 

apportioned for urbanized areas with a population of less than 

200,000 and for nonurbanized areas to section 5311 (c) or 5336, or 

both. Any funds transferred must be made available only for eligible JARC projects. 

A JARC grant is subject to section 5307 formula grant requirements and a recipient of a grant must certify to the Secretary that 

allocations of the grant to subrecipients are distributed on a fair 

and equitable basis. The Federal share for capital projects may not 

exceed 80 percent of the net capital cost and for operating assistance the Federal share may not exceed 50 percent of the net operating costs. The non-Federal share may be provided from a variety 

of sources, including other Federal funds (other than from the Department of Transportation). Funds made available through the Social Security Act may also be used for the remainder of the cost of 

the project. 

The Comptroller General is required to conduct a study to evaluate the JARC grant program and transmit the results to the Congress. The study must begin within one year after the enactment 

of the Federal Transportation Act of 2005, and every two years 

thereafter. Not later than three years after the date of enactment 

of this section, the Secretary must conduct a study to evaluate the 

effectiveness of recipients making grants to subrecipients and 

transmit the report to Congress. 

Sec. 3018. New Freedom Program 

This section authorizes a new program to address the transportation needs of persons with disabilities at all income levels. The 

New Freedom Program is codified as section 5317 of title 49, 

United States Code, a section that is repealed under current law. 

Under the New Freedom Program, the Secretary would make 

grants to a recipient for new transportation services and public 

transportation alternatives beyond the Americans With Disabilities 

Act of 1990 (ADA) to assist individuals with disabilities with transportation needs. 

With the passage of the ADA, it has become a civil rights violation to deny access to persons with disabilities to public transportation. The New Freedom formula grant program was proposed by 

the administration and has been included in this legislation to provide additional tools to overcome existing barriers facing Americans 

with disabilities seeking integration into the work force and full 

participation in society. Lack of adequate transportation is a primary barrier to work for people with disabilities. The 2000 Census 

showed that only 60 percent of people between the ages of 16 and 

64 with disabilities are employed. The New Freedom formula grant 

program will expand the transportation mobility options available 

to persons with disabilities beyond the requirements of the ADA. 

417 

Examples of projects and activities that might be funded under the 

program include, but are not limited to: • Purchasing vehicles and supporting accessible taxi, ride-sharing, and vanpooling programs. • Providing paratransit services beyond minimum requirements 

(3⁄4 mile to either side of a fixed route), including for routes that 

run seasonally. • Making accessibility improvements to transit and intermodal 

stations not designated as key stations. • Supporting voucher programs for transportation services offered by human service providers. • Supporting volunteer driver and aide programs. • Supporting mobility management and coordination programs 

among public transportation providers and other human service 

agencies providing transportation. 

A state may use up to 10 percent of the amount it receives under 

this section to administer, plan, and provide technical assistance. 

Funds would be apportioned based on a formula that apportions 60 

percent of the funds to designated recipients in urbanized areas 

with a population of 200,000 or more in a ratio reflecting the number of individuals with disabilities in each such urbanized area; 20 

percent of the funds are apportioned among the states in a ratio 

reflecting the number of individuals with disabilities in urbanized 

areas with a population of less than 200,000; and 20 percent of the 

funds are apportioned among the states in a ratio reflecting the 

number of individuals with disabilities in nonurbanized areas in 

each state. 

The funds made available must be used for projects serving the 

areas for which the funds are apportioned for eligible projects. The 

formula provides an adjustment for low density areas to increase 

the amounts made available to assist in meeting the areas transportation needs. For small urbanized areas with a population of 

less than 200,000 and a population density of 10 persons per 

square mile or fewer, their population is multiplied by a factor of 

2. For small urbanized areas with a population of 200,000 or less 

and a population density of 10 but equal to or fewer than 30 persons per square mile, the Secretary shall multiply their population 

by a factor of 1.25. The low density adjustment for other than urbanized areas with a density of 10 persons per square mile or 

fewer, the Secretary shall multiply their population by a factor of 

1.5. For nonurbanized areas with a population density of more than 

10 but equal to or fewer than 12 persons per square mile, the Secretary shall multiply their population by a factor of 1.25. 

A state may transfer the amounts apportioned for small urbanized areas and for nonurbanized areas to other small urbanized formula grant programs and to other nonurbanized formula grant programs, provided the state has consulted with responsible local officials and publicly owned operators of public transportation in each 

area for which the amounts originally were awarded under this 

section. Any funds transferred must be available for eligible New 

Freedom projects. 

The recipient of New Freedom funds in an urbanized area with 

a population of 200,000 or more must conduct a competitive process 

for an areawide solicitation for applications for grants to the recipients and subrecipients. Statewide solicitations must be conducted 

418 

in urbanized areas with a population of less than 200,000 and in 

nonurbanized areas for applications for grants to the recipients. 

A New Freedom grant is subject to the section 5307 formula 

grant requirements, except for grants for urbanized areas with a 

population of less than 200,000 and for nonurbanized areas, where 

a special warranty agreement utilized by the Secretary of Labor 

may be used to provide a fair and equitable arrangement to protect 

the interest of employees. The recipient of a grant under this section is required to certify that allocations are distributed to subrecipients on a fair and equitable basis. 

The Secretary requires a recipient of a grant to coordinate the 

New Freedom program activities with other related program activities of other Federal agencies. Also a recipient that transfers funds 

to the urbanized area formula grant program must certify that the 

project for which funds are requested had been coordinated with 

nonprofit providers of services. Beginning in fiscal year 2007, a recipient will also be required to certify that projects selected were 

derived from a locally developed, coordinated public transit-human 

services transportation plan and that the plan was developed 

through a process that involved individuals of the public, private, 

and nonprofit transportation and human services providers. 

The Federal share for the net project capital cost of a project may 

be up to 80 percent, and not more than 50 percent of the net operating cost of a project. The remainder of the funds could be derived 

from a variety of other sources, including undistributed cash surpluses; a replacement or depreciation cash fund or reserve; a service agreement with a state or local social service agency or social 

service organization; new capital; and other eligible Federal funds 

expended for transportation (other than funds from the Department of Transportation). Federal and state funds made available 

under the Social Security Act may be used for the non-Federal 

share. A state is prohibited from limiting the level or extent of the 

Government’s share of operating expenses below the 50 percent in 

statute. 

Sec. 3019. Bus testing facility 

This section amends section 5318 of title 49, United States Code, 

to delete the requirement for the Secretary to establish one bus 

testing facility because the facility has already been established in 

Altoona, Pennsylvania. The Secretary is required to maintain the 

facility. The provisions under section 5318 that establishes a revolving loan fund for expenses related to operating and maintaining the facility are deleted because the bus testing facility relies on 

state resources to pay for those costs, and has never requested a 

loan. The provision concerning the acquisition of new bus models 

is moved to this section from section 5323(c) for clarity. 

Sec. 3020. Bicycle facilities 

This section includes a technical amendment and an amendment 

to extend the bicycle-related provisions to the new transit in the 

parks pilot program. 

Sec. 3021. Transit in the parks pilot program 

This section establishes a new program to provide for public 

transportation in units of the National Park System, to be adminisVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00420 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
419 

tered by the Secretary of Transportation in consultation with the 

Secretary of the Interior. The definition of public transportation for 

the pilot program means general or special transportation to the 

public by a conveyance that is publicly or privately owned. The definition does not include school bus or charter transportation, but 

does include sightseeing transportation. Within 90 days after the 

enactment of this section, the Secretary of Transportation and the 

Secretary of the Interior must enter into a memorandum of understanding (MOU) to establish a transit in the parks pilot program 

to encourage and to promote the development of transportation systems to improve visitor mobility and enjoyment, reduce pollution 

and congestion, and enhance resource protection through the use of 

public transportation. 

The Secretary of Transportation will administer the pilot program in consultation with the Secretary of the Interior. The MOU 

entered into between the Secretaries must be consistent with the 

planning processes required under Chapter 52 of title 49 and include descriptions of programs and activities eligible for assistance 

under the pilot program. The Secretary of the Interior may carry 

out eligible transportation projects as permitted under the interagency agreements. The Government’s share for any capital project 

or activity carried out under the pilot program is 100 percent of the 

net project costs. Operating assistance grants may not exceed 50 

percent of the net operating costs of the project. 

Sec. 3022. Human resource programs 

Sections 5312(b) and (c) regarding grants to higher learning institutions and fellowships would be moved to sections 5322 (b) and 

(c) to better fit the organization of the revised section 5312 of title 

49, United States Code. 

Sec. 3023. General provisions on assistance 

Amendments are made to section 5323 of title 49, United States 

Code in this section. The term ‘‘private mass transportation company’’ is changed to ‘‘private company engaged in public transportation’’ in subsection (a), to reflect the change in terminology from 

mass transportation or mass transit to public transportation. 

Subsection 3023(c) regarding conditions on charter bus transportation service amends section 5323(d) by striking the existing law 

subsection (d)(2) regarding violations of agreements and inserting 

new language which directs the Secretary to investigate all complaints about violations of the charter service agreement and decide 

whether a violation has occurred; if a violation has occurred, to correct the violation; and, if a pattern of violations is found, to bar the 

recipient from receiving funds in an amount the Secretary considers appropriate. Under existing law, the Secretary did not have 

the flexibility to adjust the amount withheld—the recipient would 

be barred from receiving further Federal assistance. This overlybroad authority was never used, whereas a more flexible authority 

to penalize charter violators will encourage a more realistic and responsive approach to charter enforcement by the FTA. The Committee is aware that both public transportation providers and private charter bus providers have expressed strong concerns about 

the 1987 FTA rule enforcing section 5323(d) regarding charter bus 

service. The Committee directs the FTA to initiate a rulemaking 

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seeking public comment on the regulations implementing section 

5323(d), and to consider the issues listed below. Consideration of 

any changes to the current regulation shall not disturb the current 

law provisions under section 5323(f) regarding school bus transportation. 

1. Are there potential limited conditions under which public transit agencies can provide community-based charter services directly 

to local governments and private non-profit agencies that would not 

otherwise be served in a cost-effective manner by private operators? 

2. How can the administration and enforcement of charter bus 

provisions be better communicated to the public, including use of 

internet technology? 

3. How can the enforcement of violations of the charter bus regulations be improved? 

4. How can the charter complaint and administrative appeals 

process be improved? 

The existing law section 5323(e) regarding bus seat belt functional specifications is deleted because such specifications have 

been issued by the Secretary. A new subsection (e) takes its place 

that makes revenue bond proceeds eligible for use as local match 

for federal transit grants and that authorizes recipients to establish 

debt service reserves using up to 10 percent of their federal grant 

funds. The authority to use bond proceeds as local match was established in section 3011 of the Transportation Equity Act for the 

21st Century (TEA 21), and FTA has reported that this authority 

has been beneficial to transit operators. This subsection also permits the Secretary to reimburse recipients for deposits in a debt 

service reserve established for the purpose of financing transit capital projects, pursuant to section 5302(a)(1)(K). Such reimbursements are capped at 10 percent of the recipient’s annual apportionment from section 5307 urbanized area formula grants. 

Subsection 5323(f) regarding school bus transportation is amended to allow the Federal Transit Administration to assess fines and 

withhold grant funds if public transportation agencies violate the 

narrowly defined conditions under which public transportation providers can provide school bus transportation. 

Section 5323(j) regarding Buy America is amended by adding a 

new requirement that FTA provide a detailed written justification 

when the agency issues a public interest waiver. Additionally, a 

new provision is added stating that parties adversely affected by 

FTA action on Buy America decisions may seek judicial review 

under the Administrative Procedures Act. The general regulatory 

waivers for Chrysler 15-passenger vans and wagons from the requirement that public transportation vehicles be assembled in the 

United States are repealed. Section 3023(g)(5) adds a freestanding 

legislative provision requiring the Secretary to issue a final rule 

within 180 days of enactment on FTA’s implementation of the Buy 

America requirements. Specifically, the agency is directed to clarify 

that any waiver issued for microcomputer equipment under the 

general waiver in subsection (d) of Appendix A of section 661.7 of 

title 49, Code of Federal Regulations, be applied solely to devices 

that are used to process or store data, and not extend to products 

containing a microprocessor, computer, or microcomputer. In directing the Secretary to issue new regulations regarding microVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00422 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
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processors, computers, or microcomputers, there is no intent to 

change the existing regulatory treatment of software or of microcomputer equipment. 

In the final rule, the FTA is also directed to define the term ‘‘end 

product’’ for purposes of part 661 of title 49, CFR, and that such 

definition include a list of representative items that are subject to 

the Buy America requirements, similar to the list of such items 

under the rolling stock procurements regulations (section 661.11 of 

title 49, CFR). The purpose of developing such a list and more 

clearly defining the term end product is to ensure that each discrete end product, whether purchased as part of a larger system or 

on its own, meets the Buy America requirements of section 5323(j) 

of title 49, United States Code as implemented by FTA regulation. 

FTA should be mindful of the original purpose of the Buy America 

law—to promote U.S. job creation and keep current U.S. jobs in 

America. 

Sec. 3024. Special provisions for capital projects 

This section makes very minor amendments to section 5324 of 

title 49, United States Code and changes the title of the section 

from ‘‘Limitations on discretionary and special needs grants and 

loans’’ to ‘‘Special provisions for capital projects,’’ which is more descriptive of the provisions contained therein regarding relocation 

program requirements and consideration of economic, social, and 

environmental interests. 

Sec. 3025. Contract requirements 

This section consolidates sections 5325 ‘‘Contract Requirements’’ 

and 5326 ‘‘Special Procurements’’ of title 49, United States Code, 

since the provisions of section 5326 fall within the scope of conditions set on contracts that utilize federal funds provided under 

chapter 53 of title 49, United States Code. Under the revised subsection 5325(a) and (b), recipients of such funds are expressly required to conduct procurements using full and open competition 

and to use standard architectural, engineering, and design contract 

award procedures. A new subsection 5325(d) is added that is identical to existing law section 5326(a), except that the term ‘‘turnkey’’ 

is replaced with the more commonly used term ‘‘design-build’’, and 

references to design-build ‘‘demonstration projects’’ are deleted, 

since design-build contracting has matured beyond the demonstration phase. In addition, design-build contracting does not necessarily result in lower project costs or new technologies and, as a 

result, this concept as expressed under section 5326(a)(2) in current 

law is removed. 

Sec. 3026. Project management oversight and review 

This section amends section 5327 of title 49, United States Code 

regarding project management oversight activities. The Secretary 

is authorized to use .5 percent of section 5311 funds, .75 percent 

of section 5307 funds, and 1 percent of section 5309 funds to make 

contracts for oversight of major transit construction projects, and to 

review and audit recipients’ compliance with federal requirements 

and provide technical assistance to correct deficiencies identified in 

such reviews and audits. This is an increase in the amount set 

aside for such activities above levels set under current law, which 

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provides for .5 percent of section 5307 and section 5311 funds and 

up to .75 percent for section 5309 funds. Comprehensive agency 

oversight, compliance review, and technical assistance are necessary for all major grant programs, and particularly important for 

major capital grants such as new starts and rail modernization. 

Sec. 3027. Investigations of safety and hazards 

This section amends section 5329 of title 49, United States Code 

regarding the Secretary’s authority to investigate safety and security risks associated with public transportation equipment, facilities, or operations financed under chapter 53 of title 49, United 

States Code. The Secretary may withhold any amount of a recipient’s Federal assistance until a plan to eliminate, mitigate, or correct the hazard has been approved and carried out. 

Sec. 3028. State safety oversight 

This section amends section 5330 of title 49, United States Code 

by changing the heading from ‘‘Withholding amounts for noncompliance with safety requirements’’ to reflect the more commonly 

used title of ‘‘State safety oversight.’’ Under this section, a State is 

required to establish and carry out a safety program plan for railbased new starts projects. Commuter rail systems that operate on 

the general railway system are subject to the safety rules and oversight of the Federal Railroad Administration. Amendments to subsection 5330(a) ensure that safety is considered well before a railbased new start project begins revenue service. In subsection 

5330(d), rail-based new start projects that operate in two or more 

States are required to have a unified safety program plan. 

Sec. 3029. Controlled substances and alcohol misuse testing 

This section amends section 5331 of title 49, United States Code 

regarding drug and alcohol testing of public transportation employees, allowing the Secretary to apply a single agency’s drug and alcohol testing regime if a particular transportation provider is subject to more than one agency’s rules. Currently, section 5331 authorizes the Secretary to exclude from FTA drug and alcohol testing those public transportation providers that are adequately covered by the Federal Motor Carrier Safety Administration or the 

Federal Railroad Administration testing statutes. The amendment 

to subsection 5331(a) expands the Secretary’s authority to exclude 

from FTA testing those public transportation providers that are 

adequately covered under other Federal or Departmental testing, 

such as the U.S. Coast Guard’s testing provisions applicable to ferryboat employees. 

Sec. 3030. Employee protective arrangements 

This section amends Section 5333 of title 49, United States Code 

making conforming changes to ensure that all federal public transportation grant programs are subject to fair labor standards and 

employee protective arrangements. 

Sec. 3031. Administrative procedures 

This section amends section 5334 of title 49, United States Code 

regarding the Secretary of Transportation and Federal Transit Administration’s authority to administer programs carried out under 

423 

chapter 53 of title 49, United States Code. The Secretary is prohibited from regulating public transportation provider’s routes, schedules, and rates, except in the case of a national or regional emergency. A new subsection 5334(c)(5) has been added that requires 

the FTA to subject non-regulatory substantive policy statements to 

a 60-day public review notice and comment period. Currently, FTA 

circulars, letters, or other policy statements can be issued without 

the benefit of the same public review and comment process that is 

required under the regulatory process. However, such documents 

often carry the same weight and penalties as regulations. An example of this ‘‘unwritten rule’’ is the $500 million per project limitation FTA has placed on the Federal commitment on a full funding 

grant agreement issued under the authority of section 5309. Although such a project cost limitation might be a valid policy, it has 

not been published in a form that allows for comment from the affected transit community. The provision added in subsection (c)(5) 

will add transparency to FTA’s administrative procedures and provide opportunity for public review and feedback. 

Sec. 3032. National transit database 

This section amends Section 5335 of title 49, United States Code 

by striking subsection (b) regarding a transferability report that 

was completed in 1993 and changing the title of the section to reflect the remaining provisions regarding the Secretary’s authority 

to maintain a national reporting system of public transportation financial and operating information using a uniform system of accounts. The section header is amended from the current law title 

‘‘Reports and audits’’ to ‘‘National transit database’’ to reflect the 

revised contents of the section. 

Sec. 3033. Apportionments based on fixed guideway factors 

This section amends Section 5337 of title 49, United States Code 

regarding apportionment formulas for the fixed guideway modernization program. The provision regarding route segments to be 

included in the apportionment formula is amended to delete the 

‘‘1997 Standard’’ that held eligible rail system mileage to the number of miles a system reported in fiscal year 1997. 

Sec. 3034. Authorizations 

This section amends Section 5338 of title 49, United States Code, 

making FTA program funds available on an annual basis for the 

fiscal year 2004–2009 authorization period. The major FTA programs are Formula Grants, Capital Investment Grants, Planning, 

Research, and Administrative Expenses. Subsections (a), (c), (d), 

(e), and (f) break out funding allocations between fiscal year 2004 

and fiscal years 2005–2009. This organizational structure is adopted to separate the fiscal year 2004 funding, which splits every account’s funding between the Mass Transit Account and the general 

fund at an 80:20 ratio (current law structure), from funding for fiscal years 2005–2009, which is either 100 percent trust funded or 

100 percent general funded. The programs that will be 100 percent 

trust funded in fiscal years 2005–2009 are Formula Grants and 

Planning, as well as the bus and bus related facilities grants and 

the fixed guideway modernization grants under Capital Investment 

Grants. The programs that will be 100 percent general funded in 

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fiscal years 2005–2009 are Research, Administration, and the new 

starts and small starts programs under Capital Investment Grants. 

This restructuring of the program financing will prevent an accounting problem with the spending rate of the Mass Transit Account. By not split-funding any programs, each program will outlay 

at its actual spending rate. 

The Formula Grants programs comprise 54 percent of the total 

transit programs. There are a number of allocations made from the 

total formula grants funding for: new bus model testing, grants to 

the Alaska Railroad, over-the-road bus accessibility equipment 

costs, the new Transit in the Parks pilot program, the transit portion of funding for the non-motorized transportation pilot program 

authorized in section 1121(b) of the bill, the New Freedom program, the Job Access and Reverse Commute grant program, and 

the Clean Fuels grant program. After these allocations of funds 

have been made, the remainder of the aggregate amount is allocated in the following percentages: 2.5 percent to the elderly and 

disabled formula grant program, 8 percent to the nonurbanized formula grant program, and 89.5 percent to the urbanized area formula grant program. The percentage shares for the elderly and disabled program grants and for the nonurbanized formula grants 

have been increased over such shares under current law. 

The Capital Investment Grants programs comprise 43 percent of 

the total transit programs. The four Capital Investment Grant programs (fixed guideway modernization, new starts, small starts, and 

bus and bus-related facilities) receive funding allocations under 

section 5309(m). For fiscal year 2004, funding for these programs 

is apportioned under subsection 5338(b), with 80 percent of the 

funding coming from the Mass Transit Acount and 20 percent from 

the general fund. In subsection 5338(g), funding is apportioned for 

fiscal years 2005–2009 from the Mass Transit Account of the Highway Trust Fund for bus and bus facilities and fixed guideway modernization. In subsection 5338(h), funding is authorized to be appropriated in fiscal years 2005–2009 for new starts and small 

starts. 

Planning grant fund apportionments to metropolitan areas and 

states is provided under subsection 5338(c). For fiscal year 2004, 

the funding is split-funded and for fiscal years 2005–2009, the 

funding is derived from the Mass Transit Account. The percentage 

of planning funds allocated to metropolitan areas is 82.72 percent 

and 17.28 percent is apportioned to states for state planning activities. These are the same percentages as provided under current 

law. The total amount of funding authorized for planning activities 

has been increased from 1 percent of the total program under current law to 1.25 percent, in recognition of additional funding needs 

resulting from the designation of 46 new urbanized areas in the 

2000 Census. 

The Research program is funded under subsection 5338(d). For 

fiscal year 2004, the funding is split-funded, and for fiscal years 

2005–2009, the funding is authorized to be appropriated from the 

general fund. There are a number of allocations made from the 

total formula grants funding for: the transit cooperative research 

program, management of the national transit database, the National Transit Institute transit training facility at Rutgers University, and Project Action, a national technical assistance program for 

425 

providers of transportation services to the disabled. The remainder 

of funds under this subsection are available for the national research and technology programs. In subsection 5338(e), funding is 

authorized for university transportation research. This complements funding made available for these programs under the 

Federal-aid Highway program in Title V of the bill. 

Funding for administration of the Federal transit programs is 

provided under subsection 5338(f). For fiscal year 2004, the funding 

is split-funded, and for fiscal years 2005–2009, the funding is authorized to be appropriated from the general fund. 

Sec. 3035. Over-the-road bus accessibility program 

This section amends Section 3038 of TEA 21 regarding the overthe-road bus accessibility program, which provides grants to intercity and charter bus providers for incremental costs of equipment 

to reach compliance with the Americans with Disabilities Act. The 

TEA 21 provision regarding Federal share is amended by increasing the Federal share for such project costs from 50 percent to 80 

percent. 

Sec. 3036. Updated terminology 

This section amends chapter 53 of title 49, United States Code 

by striking ‘‘mass transportation’’ and replacing it with ‘‘public 

transportation.’’ 

Sec. 3037. Project authorizations for new fixed guideway capital 

projects 

This section lists the projects that are authorized under the section 5309 new starts and small starts programs for fiscal years 

2004–2009. Existing full funding grant agreements are listed separately from projects authorized for final design and construction 

and those authorized for alternatives analysis and preliminary engineering. 

In subsection 3037(a), 26 new start projects originally authorized 

in the Intermodal Surface Transportation Efficiency Act (ISTEA) or 

in TEA 21 have continued authorizations with the amount specified 

by fiscal year that remains outstanding under the schedule of federal funds for the project (or ‘‘schedule 6’’) attached to each project’s 

full funding grant agreement contract with the FTA. The first responsibility of the Appropriations Committees in providing funds 

for new fixed guideway capital projects must be to ensure that each 

project under a full funding grant agreement receives the full 

amount specified for the fiscal year in which it is programmed. 

Under-funding full funding grant agreements is very damaging to 

the financial management of the project and to the overall capital 

and operating budget of the sponsoring agency, and may jeopardize 

private financing for the local share of such project costs. 

In subsection 3037(b), new fixed guideway capital projects that 

are ongoing projects in the new starts pipeline and are currently 

in preliminary engineering or final design are authorized for final 

design and construction. 

In subsection 3037(c), new fixed guideway capital projects that 

have not yet been approved for preliminary engineering by the FTA 

or that were not previously authorized under TEA 21 are authorized for alternatives analysis and preliminary engineering. 

426 

Subsection 3038(d) sets out rules relating to new starts and 

small starts funding for the life of the authorization. In general, all 

projects that are authorized under subsection (a) may expend Federal funds only for final design and construction activities. Projects 

that are authorized under subsection (b) may expend Federal funds 

for final design and construction, and for alternatives analysis and 

preliminary engineering activities. Projects that are authorized 

under subsection (c) may expend Federal funds only on alternatives 

analysis and preliminary engineering activities. However, on October 1, 2007, projects authorized under subsection (c) shall also be 

authorized for final design and construction. Minimum funding levels are established for appropriations for each fiscal year in the full 

funding grant agreement category (subsection a) and the final design and construction category (subsection b), and maximum funding levels are established for each fiscal year in the alternatives 

analysis and preliminary engineering category (subsection c). Subsection 3037(b) projects authorized for final design and construction 

that execute a full funding grant agreement with FTA after the 

date of enactment of this Act are to be given the full amount indicated in the schedule of federal funds for the project for each fiscal 

year under the agreement. 

Subsection 3037(e) amends the project description for the New 

Jersey Urban Core project originally authorized in section 3031(d) 

of ISTEA. This authorization was expanded in TEA 21 and is further amended in this legislation. Elements of New Jersey Urban 

Core project include: 

• The Secaucus Transfer, which consists of construction of a 

new rail transfer station at the intersection of the Northeast 

Corridor and the Main, Bergen and Pascack Valley Lines as 

well as a rail spur north to the Meadowlands Sports Complex 

and a connection to the Hudson River Waterfront Transportation System. 

• The Lackawanna Cutoff, which is the restoration of passenger rail service between Port Morris, NJ and Scranton, PA. 

• The Kearny Connection, which is a connection in Kearny 

allowing Morris and Essex Line commuter rail trains to access 

the Northeast Corridor to New York. 

• The Waterfront Connection, which is a connection allowing 

Northeast Corridor commuter rail trains to access the Morris 

and Essex Lines to Hoboken. 

• The Northeast Corridor Signal System, which is the implementation of a high-density signal system on the Northeast 

Corridor between Newark and New York City. 

• The Hudson River Waterfront Transportation System, 

which is being implemented as three segments of Hudson-Bergen Light Rail. The first segment runs from Hoboken Terminal 

south to 34th Street in Bayonne with a spur to West Side Avenue in Jersey City. The second segment extends the first segment south from 34th Street to 22nd Street in Bayonne and 

north from Hoboken to Tonnelle Avenue in North Bergen. The 

third segment extends the line south from 22nd Street to 5th 

Street in Hoboken and North from Tonnelle Avenue to the 

Vince Lombardi Park & Ride in Ridgefield. The Hudson River 

Waterfront Transportation System also includes extensions 

427 

from the Vince Lombardi Park & Ride in Ridgefield west to 

Saddlebrook and east to Edgewater. • The Northern Branch Line or the West Shore Line, which 

consists of either an extension from the Hudson River Waterfront Transportation System north along the Northern Branch 

freight line to New York State, or a commuter rail extension 

north from Secaucus Transfer and the Meadowlands Rail Spur 

across the Meadowlands to the West Shore freight line, which 

extends into New York State. • The Newark-Newark International Airport-Elizabeth Transit Link, which is a light rail project running from Newark 

Penn Station south through downtown Newark into Union 

County, including Newark Liberty International Airport Rail 

Station, the Jersey Gardens Mall, downtown Elizabeth then 

proceeding west to Plainfield. • The rail connection between Newark Penn and Broad 

Street stations, which is a light rail circulator service in downtown Newark, being implemented as the Newark Elizabeth 

Rail Link. • The New York Penn Station Concourse, which is a station 

expansion project in New York Penn Station. • The restoration of commuter rail service in Monmouth, 

Ocean and Middlesex counties, which consists of restored rail 

service from Lakehurst north to Freehold and proceeding either west to connect with the Northeast Corridor through 

Jamesburg or north to connect with the North Jersey Coast 

Line in Matawan. 

New Jersey Urban Core also provides for the construction of any 

appropriate rail service in Passaic County and the equipment necessary to service all project elements. 

Subsection 3037(f) directs that project elements of the New Jersey Trans-Hudson Midtown Corridor that have been advanced with 

100 percent non-Federal funds shall be given consideration by the 

FTA when evaluating the local share of the project in the new 

starts rating process, including the purchase of bi-level rail equipment. 

Sec. 3038. Projects for bus and bus-related facilities 

This section lists bus and bus facilities projects and associated 

funding levels for fiscal years 2006, 2007, and 2008. Each year’s 

designated funding represents one half of the authorized amount 

for section 5309 bus and bus facility projects for that fiscal year. 

Sec. 3039. National fuel cell bus technology development program 

This section authorizes a new fuel cell bus technology development program for hydrogen fuel cell and liquid methanol fuel cell 

bus technologies, in order to facilitate the development of commercially viable fuel cell bus technology and related infrastructure. The 

program is limited to three recipients, at a Federal share of 50 percent. 

Sec. 3040. High-intensity small-urbanized area formula grant program 

This section establishes a new set-aside program from the section 

5307 urbanized area formula grants that provides a small bonus 

428 

grant payment to urbanized areas under 200,000 in population that 

operate at a level of service above the industry average level of 

service in similarly-sized urbanized areas in one or more of six performance categories: passenger miles traveled per vehicle revenue 

mile, passenger miles traveled per vehicle revenue hour, vehicle 

revenue miles per capita, vehicle revenue hours per capita, passenger miles traveled per capita, and passengers per capita. These 

performance categories and a methodology established for providing bonus grants were established in the September 2000 FTA 

report to Congress called ‘‘The Urbanized Area Formula Program 

and the Needs of Small Transit Intensive Cities.’’ 

Sec. 3041. Allocation for national research and technology programs 

This section establishes seven specific research areas within the 

Federal Transit Administration’s national research and technology 

program, and allocates funding levels in each fiscal year of the authorization period for these research areas. These research focus 

areas were developed through conferring with the FTA and reflecting priorities established in the agency’s Research and Technology 

Strategic Plan. The programmatic structure and funding floors for 

each research area will help ensure that adequate funding is provided throughout the authorization period to establish and carry 

out meaningful programs with depth and continuity. 

Sec. 3042. Relationship to other laws 

Under current law, section 5323(l) requires state-managed transit grant programs be subject to State transportation planning requirements in section 135 of title 23, United States Code. Since all 

transportation planning programs are now addressed under chapter 52 of title 49, U.S.C., section 3042 contains a new provision 

amending section 5323(l) that broadens the applicability of section 

1001 of title 18, prohibiting fraudulent statements to the Government, to all certificates, submissions, or statements provided to 

DOT under Chapter 53 of Title 49. This language is intended to 

provide a direct tie between 18 U.S.C. 1001 and the punitive recourse of ending financial assistance provided for in the second sentence of new subsection 5323(l). This language is not intended to, 

and should not be construed to, exclude by implication from the application of 18 U.S.C. 1001 any other matter to which such section 

would otherwise apply. 

Sec. 3043. Cooperative procurement 

This section directs the Secretary to review the practice of cooperative procurement of transit rolling stock, such as buses and rail 

cars. A pilot program is currently underway at the Federal Transit 

Administration to determine the benefits of encouraging cooperative procurement of major capital equipment. The program consists 

of three competitively selected grantees, consortiums of grantees, or 

members of the private sector acting as agents of grantees, who 

will develop cooperative specifications and conduct joint procurements. For this program, the Federal share was increased from 80 

percent to 90 percent. The Secretary is also directed to consider information gathered from grantees about cooperative procurement, 

whether or not related to the pilot program. The Secretary is directed to notify the Committee on Transportation and InfrastrucVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00430 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
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1Large truck is defined as a commerical motor vehicle with a gross vehicle weight of 10,001 

pounds or more. 

ture and the Senate Committee on Banking, Housing, and Urban 

Affairs of the results of the cooperative procurement review, and 

make a finding of whether this program has sufficient merit to be 

formally incorporated in the Federal public transportation program. 

Sec. 3044. Obligation ceiling 

This section sets the annual obligation ceiling for Federal Transit 

Administration programs authorized by this Act for fiscal years 

2004–2009, including both amounts made available from the Mass 

Transit Account of the Highway Trust Fund and general funds 

from the U.S. Treasury. The total obligation authority for each fiscal year is guaranteed to be provided in the fiscal year for which 

it is set under the budgetary firewalls established in section VIII 

of the bill. 

Sec. 3045. Adjustments for the Surface Transportation Extension 

Act of 2004, Part V 

This section provides for the funding reconciliation of apportionments and allocations made to transit grant recipients under this 

Act with the levels of funding already made available under the 

Surface Transportation Extension Act of 2004, Part V, which expires May 31, 2005. 

Sec. 3046. Special rule for fiscal year 2004 

This section states that, where fiscal year 2004 authorized 

amounts in this title differ from fiscal year 2004 authorized 

amounts in the Surface Transportation Extension Act of 2004, Part 

V (STEA Part V), then STEA Part V governs. 

TITLE IV—MOTOR CARRIER SAFETY AND TRANSPORTATION 

SUBTITLE A—COMMERCIAL MOTOR VEHICLE SAFETY

The Motor Carrier Safety Improvement Act of 1999 (MCSIA) 

(P.L. 106–159) established the Federal Motor Carrier Safety Administration (FMCSA) within the Department of Transportation 

(DOT) on January 1, 2000. Prior to the enactment of MCSIA, commercial motor vehicle-related crashes resulting in fatalities and injuries had been steadily climbing and it was determined that the 

creation of a separate modal administration within the DOT would 

improve truck and bus safety. According to data compiled by the 

DOT, large trucks 1 represent about three percent of registered vehicles; however, they account for seven percent of the vehicle-miles 

traveled on our Nation’s highways, and are involved in about 11 

percent of all fatal crashes. 

FMCSA’s primary responsibility is to enforce the Federal motor 

carrier safety and hazardous materials regulations, including the 

requirements governing Mexico-domiciled commercial motors vehicles operating in the United States. FMCSA also administers the 

Commercial Driver’s License (CDL) program, oversees the interstate transportation of household goods, and all aspects of hazardous materials transportation via highway. FMCSA has been diVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00431 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
430 

rected to accomplish these responsibilities through increased enforcement of the safety regulations, expedited completion of rulemaking proceedings, scientific research, and improved commercial 

driver’s licensing programs. 

FMCSA has set a goal of reducing the rate of fatalities in large 

truck crashes by 39 percent between 1999, the year prior to the 

agency’s creation, and 2008, from a rate of 2.7 fatalities per 100 

million vehicle miles traveled (VMT) to a rate of 1.65. The commercial motor vehicle fatality rate, factoring in increases in VMT, was 

reduced to 2.28 in 2002, a reduction of seven percent from 2001 

when the rate was 2.45. The commercial motor vehicle fatality rate 

reduction in 2002 marked the fifth consecutive year the rate had 

been reduced. While the fatality rate has improved, in 2003, 4,986 

people were killed in truck crashes, an increase of 47 deaths over 

2002, and 122,000 people were injured. In addition, 723 truck drivers were killed in 2003, an increase of nearly 5 percent over the 

number of 2002 fatalities. 

Sec. 4101. Authorization of appropriations 

From the day of burro-drawn wagons moving our goods to the 

current day intermodal, just-in-time delivery system, commercial 

vehicles have always played an important role in our Nation’s economy. To ensure this vital piece of our everyday lives continues in 

a safe and efficient manner, the Committee enacts this legislation. 

This section provides funding from the Highway Trust Fund, other 

than the Mass Transit Account, for FMCSA to implement safety 

programs for fiscal years 2004 through 2009. Funding for the 

Motor Carrier Safety Assistance Program is authorized in section 

4102 of this title. 

This bill authorizes FMCSA and its programs to be funded 

through contract authority. Under the Transportation Equity Act 

for the 21st Century (TEA–21), which was enacted 18 months prior 

to the creation of FMCSA, the agency’s administrative expenses 

were funded through a deduction of the Federal Highway Administration’s (FHWA) administrative expenses. This set-aside of Federal-aid funds is called a ‘‘takedown’’. MCSIA amended TEA–21 by 

increasing the takedown to one-third of one percent from the 

FHWA’s administrative expenses to administer FMCSA activities. 

Other than the first year of enactment, the takedown has proven 

to be ineffective for funding the motor carrier safety program adequately. In addition, the takedown has not been able to respond to 

additional safety and program needs created with the implementation of the North American Free Trade Agreement, and the security improvements needed in response to the terrorist attacks of 

September 11, 2001. Therefore, it is appropriate to create new contract authority for FMCSA expenses. In addition to authorizing administrative expenses, this section also authorizes three grant programs for commercial driver’s license improvement, border enforcement, and performance and registration system management, as 

well as on authorization to carry out the commercial vehicle information systems and networks development program. 

Sec. 4102. Motor carrier safety grants 

An important FMCSA responsibility is managing the Motor Carrier Safety Assistance Program (MCSAP), which provides grants to 

431 

States for the enforcement of the Federal safety and hazardous materials regulations governing commercial motor vehicles. Safety enforcement under MCSAP is primarily achieved through roadside inspections and safety compliance reviews. MCSAP grants are authorized to provide up to 80 percent of State program costs. 

MCSAP was initiated in the early 1980s and the program has 

grown in size every year since. From 1997 to 2003, the annual authorization grew from $78.2 million to $189 million. In 2003, 

MCSAP officers conducted over 2.9 million commercial motor vehicle and driver inspections nationwide, with approximately seven 

percent of drivers and 23 percent of vehicles placed out of service 

for violations of the safety and hazardous materials regulations. 

Under current law, MCSAP agencies may be reimbursed for traffic 

enforcement activities when those activities are conducted in conjunction with safety inspections, while conducting weight inspections, or while conducting a drug interdiction inspection. 

Subsection (a) of this section reauthorizes MCSAP, with a number of changes. In addition to increases in authorized funding levels, the program would be amended to require the States to include 

five new requirements in their annual commercial vehicle safety 

plans. The first element requires the implementation of performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle 

safety programs. The second element requires States to establish 

a program ensuring that all information and data provided to the 

Secretary that is used for safety rating purposes, or in identifying 

high-risk carriers, is accurate, timely, and complete. The third element requires States to include in their training manuals, for all 

drivers’ licensing examinations, information about best practices 

for safely sharing the road with trucks and cars. States are also required to enforce the registration requirements of section 13902, of 

title 49, United States Code, by removing from service vehicles that 

are unregistered or operating beyond the scope of their registration. The final change requires States to conduct highly visible traffic enforcement programs in locations or corridors that have been 

identified as having a high incidence of truck crashes. 

Subsection (b) of this section details the new activities for which 

States can use funds provided under the Motor Carrier Safety Assistance Program. These activities include the ability to conduct 

traffic enforcement on commercial motor vehicles without a corresponding safety inspection and on non-commercial motor vehicles 

when the behavior of the drivers of smaller vehicles increases the 

risk of crashes involving commercial motor vehicles. The Secretary 

would also be required to provide an annual report to Congress detailing the effect these new activities and requirements have had 

on commercial motor vehicle and highway safety. 

The Committee intends this new MCSAP authority to be used in 

direct relation to conducting highly visible roadside enforcement activities in high crash corridors. The Committee intends these 

changes to establish a commercial motor vehicle and highway safety program similar to State impaired driving programs, as well as, 

‘‘buckle-up’’ campaigns. With these changes in mind, the Committee has also increased funding for outreach and education currently conducted by FMCSA. With this legislation, the outreach 

program will be jointly managed by FMCSA and NHTSA. The 

432 

Committee believes combining enforcement activities with a robust 

outreach and education program is necessary to maximize the results. 

Subsection (c) of this section authorizes funding for the Motor 

Carrier Safety Assistance Program. This funding is for the basic 

grant program, high priority grants, and the new entrant program. 

This bill does not continue the incentive program for MCSAP. By 

increasing the funding total and removing the incentive program 

the Committee will ensure more resources go to the core function 

of the MCSAP program, conducting commercial motor vehicle and 

driver safety and hazardous materials inspections. 

Subsection (d) of this section provides FMCSA the authority to 

provide grants without a matching requirement to the States to 

conduct safety audits of new entrant motor carriers. This subsection also increases the current amount of MCSAP funding available for high priority activities to 10 percent of the total funds authorized. The funding may be used for activities designed to improve all information and data provided to the Secretary from the 

State that is used for safety rating purposes, or for identifying 

high-risk carriers. In addition, this subsection also allows the Secretary to use up to $15,000,000 each fiscal year to conduct safety 

audits of new entrant motor carriers described in subsection (c). 

Subsection (e) contains a technical amendment. 

Sec. 4103. Border enforcement grant 

Subsection (a) deletes contract authority funding for information 

systems by striking the section 31107 of title 49, U.S.C., where it 

currently is located. Funding for information systems is now included in the administrative expenses. Subsection (a) also creates 

a new grant program for border enforcement activities under the 

same section. 

This grant program is for State enforcement activities at the Canadian and Mexican borders. No Federal activity would be conducted using this money. States would be authorized to use the 

grants for virtually anything related to Commercial Motor Vehicles 

(CMV) safety enforcement and compliance with State and Federal 

CMV requirements involving foreign motor carriers, including the 

purchase of land and buildings. Grant recipients could not use Federal funds to replace State funds and they would be required to 

maintain the average level of border-related expenditures during 

fiscal years 2003–2004. It is intended, and quite possible, that this 

money will not be distributed to every State that shares a border 

with another Country, but will only be distributed to States with 

an identified need. 

These grants do not require a State match. 

Subsection (b) includes the conforming amendments necessary 

for the changes made in subsection (a). 

Sec. 4104. Commercial driver’s license improvements 

Subsection (a) creates a new program for commercial driver’s license improvement grants. These grants enable States to improve 

the implementation of their commercial driver’s license programs. 

The grants may be used to improve training, computer software, 

computer hardware, publications, testing, quality control, and to 

hire personnel. However, the funds received under this program 

433 

must first be used to ensure the State has met the commercial 

driver’s license program improvements that were required in the 

Motor Carrier Safety Improvement Act. Unlike the border grants, 

these funds may not be used to purchase land or buildings. In 

order to apply for a grant, a State must first conduct a self-assessment and identify deficiencies in their commercial driver’s license 

program. Based on these assessments, the State will then apply for 

the appropriate amount of funding to correct these issues. The 

State must also maintain an average level of commercial driver’s 

license expenditures during the fiscal years 2003–2004. The government share for these grants is 80 percent. Five percent of these 

funds will be set aside for high priority commercial driver’s license 

activities. 

Subsection (b) includes the conforming amendments necessary 

for the changes made in subsection (a). 

Subsection (c) authorizes the Secretary to redirect up to 5 or 10 

percent of the funds a State receives under this program, if the 

State is found to be in serious non-compliance with the commercial 

driver’s license program. The penalty provisions found in the CDL 

statutes have been amended to encourage the Secretary, through 

more flexibility, to assess penalties for non-compliance. 

Sec. 4105. Hobbs Act 

Subsection (a) amends the Hobbs Act to make explicit the interpretation given to that act by a series of decisions of the U.S. Circuit Courts of Appeals. In 1966, when the Department of Transportation (DOT) was created, Congress transferred responsibility for 

regulating motor carrier safety and driver qualifications from the 

former Interstate Commerce Commission (ICC) to the Department. 

Sections 351(a) and 352 of title 49 provide for the same method of 

judicial appeal from actions based on these transferred functions as 

would have been required had the functions remained with the 

ICC. Prior to 1966, ICC orders were reviewed by three-judge District Courts, with a right of direct appeal to the Supreme Court. 

In 1975, Congress altered the path of review for ICC actions, substituting for the three-judge District Court, a right of direct appeal 

to the Court of Appeals for the relevant jurisdiction. This statute 

is known as the Hobbs Act (28 U.S.C. 2321, 2342). The ICC was 

abolished in 1995 and most of its remaining functions were transferred to the newly created Surface Transportation Board (STB) or 

to FMCSA. The corresponding revisions to the Hobbs Act, however, 

created uncertainty. 

That raised the question whether an action by FMCSA pursuant 

to the safety authority transferred in 1966 could still be reviewed 

by the Courts of Appeal, since section 2342(3)(A) applied to the 

commercial statutes, while section 2342(5) applied to actions of the 

STB. 

Subsection (a) ensures that both of these issues would be covered 

by inserting in section 2342(3)(A) a reference to ‘‘subchapter III of 

chapter 311, chapter 313, and chapter 315 of Part B of subtitle VI 

of title 49.’’ FMCSA’s safety statutes are codified there, including 

statutes enacted after 1966. All safety statutes would thus be subject to exclusive review by the Courts of Appeal. 

Subsections (b) and (c) simply replace the term ‘‘Federal Highway 

Administration’’ with ‘‘Federal Motor Carrier Safety AdministraVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00435 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
434 

tion’’ in 49 U.S.C. 351(a) and 352. The ICC’s motor carrier safety 

functions were exercised by FHWA until the fall of 1999 and were 

statutorily entrusted to FMCSA when it was created on January 1, 

2000. Because FHWA retains no duties or powers transferred from 

the ICC, sections 351(a) and 352 should refer to FMCSA. 

Sec. 4106. Penalty for denial of access to records 

FMCSA investigators have broad authority to inspect and copy 

motor carrier and shipper records (see 49 U.S.C. 504(c), 31133(a)). 

The majority of carriers and shippers readily grant access to requested records, however, some deliberately impede the investigative process by refusing to set an audit date, or, after setting a 

date, by ordering investigators off the premises—occasionally with 

a show of force. Others take a more subtle approach, feigning illness or declaring an ‘‘emergency’’ during the audit; pleading inability to produce records because of the absence of key personnel; or 

delivering documents at a pace designed to prolong the audit beyond the time available to the investigator. 

FMCSA can issue an administrative subpoena for documents, 

and the refusal to comply requires the agency to file an action in 

Federal court to enforce the subpoena. This process, though effective, is relatively slow and labor-intensive, and the cost to a carrier 

or shipper who does not seriously contest the action is minimal. 

New section 521(b)(2)(E) creates a financial penalty to dissuade 

any uncooperative carriers or shippers from denying or impeding 

FMCSA’s legitimate access to records. 

Sec. 4107. Medical Review Board 

This section requires FMCSA to establish a Medical Review 

Board to serve as a source of up-to-date medical advice for FMCSA 

on matters related to driver qualification rules, guidelines for medical examiners, and standards for medical exemptions under 49 

U.S.C. 31315(b). 

The Committee has included a provision to establish a five-member Medical Review Board to make recommendations on medical 

standards for commercial drivers, medical examiner education, and 

medical research. Due to the variety of motor carrier operations 

and the sheer number of commercial drivers, the Committee did 

not get overly prescriptive in describing how FMCSA should conduct this proposal. With over 6.5 million commercial drivers requiring biennial medical certifications, permitting FMCSA to set the 

standard for who should be allowed to conduct physical examinations, with the help of the Medical Review Board, is the most feasible way to ensure no disruption in the medical certification system currently in place. Having this provision will ensure medical 

examiners know the driver qualification standards and guidelines, 

while understanding the mental and physical demands involved in 

driving a commercial motor vehicle. 

Sec. 4108. Increased penalties for out-of-service violations and false 

records 

Subsection (a) doubles the penalties for recordkeeping violations 

under 49 U.S.C. 521(b)(2)(B) up to $1,000 for each day the offense 

continues, or up to $10,000 for an offense that misrepresents a nonrecordkeeping violation. Recordkeeping violations frequently have 

435 

no other purpose than to conceal a safety violation, and they often 

succeed. Higher penalties reduce both the number of recordkeeping 

violations and the number of safety violations as well. 

The current penalties under 49 U.S.C. 31310(i)(2) for a driver 

who violates an out-of-service (OOS) order are, for a first offense, 

a 90-day disqualification from operating a CMV and a civil penalty 

of at least $1,000, and for a second offense, disqualification for one 

to five years and a civil penalty of at least $1,000. An employer 

who knowingly allows or requires a driver to violate an OOS order 

is subject to a civil penalty of up to $10,000. OOS orders can be 

issued for a variety of reasons: for failure to pay civil penalties on 

schedule, for having an unsatisfactory safety rating, for violating 

the agency’s hours-of-service or equipment regulations, or because 

the motor carrier constitutes an imminent hazard. Enforcement officers cannot afford to spend hours monitoring a single OOS vehicle, and tracking possible movements of an entire OOS fleet is even 

more difficult. As a result, many OOS orders are violated. One effective deterrent to violating an OOS order is to raise the cost to 

violators. Subsection (b) increases to a maximum of $25,000 the 

civil penalty for a motor carrier that knowingly orders a driver to 

proceed despite an OOS order. Subsection (b) also increases a driver’s penalty for a first offense to a 180-day disqualification and a 

civil penalty of at least $2,500, and, for a second offense, to a twoto five-year disqualification and a civil penalty of up to $5,000. 

Sec. 4109. Commercial vehicle information systems and networks 

deployment 

This section transfers the commercial vehicle information system 

and networks deployment program from FHWA to FMCSA in order 

to streamline the grant process. Historically, FMCSA has been responsible for implementing and deploying this program with the 

money passing through FHWA. This streamlined process is intended to ensure the completion of the core deployment of commercial vehicle information systems and networks. It also will help 

with the expanded deployment of the program. 

Subsection (a) provides general direction to carry out the commercial vehicle information systems and networks deployment program . 

Subsection (b) describes the overall purpose of the commercial vehicle information systems and networks deployment program. 

Subsection (c) requires 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 would receive a grant that has been reduced 

by the amount of funds previously received for core deployment. 

States that have not previously received funding for core deployment would receive a grant of $2.5 million. To be eligible for a core 

deployment grant, a State must have a program plan and must certify that its 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 

the grant would be limited to core deployment activities. 

436 

Subsection (d) authorizes the Secretary to make grants to States 

for the expanded deployment of commercial vehicle information 

systems and networks. The amount of the grants is 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 would be $1 million. Only States that have completed core deployment would be eligible for an expanded deployment grant. 

Subsection (e) describes the eligibility requirements to receive 

these grants. 

Subsection (f) provides that 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 all 

eligible sources would be 80 percent. 

Subsection (g) provides definitions for terms used in this section. 

Subsection (h) repeals Section 5209 of TEA–21 that established 

the commercial vehicle information systems and networks program. 

Sec. 4110. Safety fitness 

As defined in 49 U.S.C. 31132(1), a vehicle is not a commercial 

motor vehicle unless it operates in interstate commerce. One of the 

implications of the definition is that the Secretary’s authority to determine the safety fitness of CMV owners and operators encompasses the accident and safety inspection record of such companies 

or individuals on interstate trips, but not on intrastate trips. Most 

interstate motor carriers also have substantial intrastate operations. 

For purposes of safety, it is artificial and counterproductive to 

create two classes of accidents and safety inspection data—one subject to Federal jurisdiction, the other not—when both involve the 

same vehicles, drivers, dispatchers, mechanics, and safety management controls, and may cause the same kind of death, injury, or 

physical damage. In examining a motor carrier’s accident and inspection data, it is often difficult, and sometimes impossible, to determine whether the vehicle involved was making an interstate or 

intrastate trip. 

In order to simplify and rationalize the analysis of accident data 

and provide a complete picture of the safety of motor carrier operations, subsection (a) requires the Secretary, in the course of determining the safety fitness of commercial motor vehicle (i.e., interstate) owners and operators, to consider the accident and inspection record of such owners and operators both on interstate and 

intrastate trips. 

In addition, owners and operators of commercial motor vehicles 

who are determined to be unfit and prohibited from operating in 

interstate commerce, are also prohibited by subsection (b) from operating commercial motor vehicles in intrastate commerce until 

they are able to demonstrate their fitness. 

Subsection (c) directs the Secretary to place all interstate operations of a motor carrier out of service if a State, using the Federal 

safety fitness standards prescribed under 49 U.S.C. 31144(b), has 

placed out of service the intrastate operations of a carrier that has 

its principal place of business in that State. 

437 

A Federal safety determination that an interstate motor carrier 

is unfit would thus halt both its interstate and intrastate operations, while a State safety determination that an intrastate carrier is unfit will halt both its intrastate and any interstate operations. 

This subsection also provides the Secretary the authority to 

make grants to the States to conduct new entrant safety audits. 

This funding requires no State match; however, if the Secretary determines that a State is unable to use government employees to 

conduct these activities, the Secretary may utilize the funding to 

conduct new entrant audits with Federal resources. 

Sec. 4111. Pattern of safety violations by motor carrier management 

Some motor carrier managers and brokers order, encourage, or 

tolerate widespread regulatory violations and, when caught, declare 

bankruptcy, rename the company and reshuffle the managers’ titles, sell its assets to a pre-existing shell corporation owned and 

managed by the same people, or otherwise attempt to evade the 

payment of civil penalties, obscure the identity of the company and 

thus its violation record, and perpetuate a casual indifference to 

regulatory compliance and public safety. Although the total number 

of such managers and brokers are small, their actions create risks 

disproportionate to their numbers. 

This section addresses these problems. It amends 49 U.S.C. 

31135 to authorize the Secretary to suspend, amend, or revoke the 

registration of a for-hire motor carrier if any of its officers has engaged in a pattern or practice of avoiding compliance, or concealing 

non-compliance, with Federal standards. The Secretary could also 

deny an application to register as a for-hire motor carrier if any of 

the proposed officers of the company has engaged in a pattern of 

non-compliance. In this context, ‘‘officer’’ means owner, chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor, driver supervisor, and any 

person exercising controlling influence over operations of a motor 

carrier. 

This provision does not apply to all officers whose companies are 

found to be in violation of the Federal safety rules. Rather, it is intended to authorize the Secretary to force out of the industry those 

few who have shown unusual and repeated disregard for compliance. 

Sec. 4112. Motor carrier research and technology program 

This section authorizes a comprehensive FMCSA research and 

technology program under section 31108 of title 49, U.S.C. The goal 

is to support—through contracts, cooperative agreements, and 

grants—research designed to produce innovative advances in motor 

carrier, driver, and passenger safety. Equally critical, however, is 

the transfer of promising results—whether technical or operational—to potential users and rapid deployment of the products of 

research and development. 

The Federal share of the cost of activities carried out under a cooperative research and development agreement could not exceed 50 

percent, except if there is substantial public interest or benefit, the 

Secretary could approve a greater Federal share. 

438 

Sec. 4113. International cooperation 

This section authorizes the Secretary, and thus FMCSA, to engage in international activities. This kind of authority is necessary 

to aid in implementing the North American Free Trade Agreement 

and to carry on discussions with U.S. trading partners concerning 

a variety of safety issues. 

Sec. 4114. Performance and registration information systems management 

Subsection (a) updates the current statute to more closely follow 

how the performance and registration information systems management (PRISM) program is currently administered. 

Subsection (b) establishes a new separate grant program for 

PRISM. These grants do not require a State match. 

Sec. 4115. Data quality improvement 

This section adds language to the current information systems 

requirements to ensure that the data FMCSA receives from the 

States is complete, timely, and accurate. 

Sec. 4116. Driveaway saddlemount vehicles 

This section creates a new national standard for the maximum 

length of drive-away saddlemount with fullmount vehicle transporter combinations operated on the Interstate Highway System. 

Sec. 4117. Completion of uniform carrier registration 

This section repeals the single state registration system and requires FMCSA to complete a rule-making for an on-line registration system to replace the old registration system originally administered by the Interstate Commerce Commission. This rule-making 

must be completed within one year. 

Sec. 4118. Registration of motor carriers and freight forwarders 

This section harmonizes the jurisdictional reach of the commercial and the safety statutes by eliminating the requirement for 

motor carriers to register if they are not subject to the Federal 

motor carrier safety regulations. 

Sec. 4119. Deposit of certain civil Penalties into highway trust fund 

This section amends current law to deposit all civil penalties collected from motor carriers for violations of the Federal insurance 

requirements into the Highway Trust Fund, other than the Mass 

Transit Account. 

Sec. 4120. Outreach and education 

This section authorizes the Secretary to conduct an outreach and 

education program through the FMCSA and NHTSA to promote 

highway safety. Elements of the program shall include a comprehensive national effort to educate commercial motor vehicle and 

passenger vehicle drivers about how to share the road safely with 

each other, as well as an emphasis on traffic enforcement aimed at 

reducing the most common driving behaviors that cause or contribute to crashes, similar to such programs as ‘‘Click It or Ticket’’ 

and drunk driving awareness campaigns. The Secretary is required 

439 

to provide an annual report each year demonstrating the programs 

and activities carried out under this section. 

The Committee has significantly increased the funding for the 

outreach and education program currently conducted by FMCSA, 

but with this legislation, the outreach program will be jointly managed by FMCSA and NHTSA. Although the Committee believes a 

strong enforcement program is important for improving commercial 

motor vehicle and highway safety, combining enforcement activities 

with a robust outreach and education program is necessary to 

maximize the results. Also, consistent with the recommendations in 

the U.S. General Accounting Office report GAO–03–680, the Committee recommends that the outreach and education activities conducted by FMCSA are directly linked to the program’s goal and establish a systematic process for evaluating the effectiveness of the 

program. 

Sec. 4121. Insulin-treated diabetes mellitus 

This section requires the Secretary to allow individuals who use 

insulin to treat their diabetes to operate commercial motor vehicles 

in interstate commerce without requiring the individual to have experience operating a commercial motor vehicle while using insulin. 

The Committee directs FMCSA to issue a final rule to amend the 

current exemption program to allow individuals who use insulin to 

treat their diabetes to operate commercial motor vehicles in interstate commerce that is consistent with the findings of the expert 

medical panel report issued in July 2000. That report concluded 

that individuals could be qualified to operate a commercial motor 

vehicle following a one- to two-month period of adjustment to insulin use. This provision is intended to preempt FMSCA’s notice of 

final disposition issued September 3, 2003, which requires an individual to have three years of experience operating a commercial 

motor vehicle in intrastate commerce while using insulin for treatment of diabetes before the individual could qualify to drive in 

interstate commerce. According to the American Diabetes Association, approximately 20 States do not have an intrastate exemption 

program for insulin-dependent commercial drivers, therefore, these 

drivers would never be able to meet the Federal requirement to 

drive in interstate commerce. The Committee is concerned that by 

issuing a notice of final disposition that is inconsistent with the 

finding of FMCSA’s own expert medical panel, qualified drivers 

may not be able to get employed or stay employed. 

Sec. 4122. Grant program for commercial motor vehicle operators 

This section establishes a grant program to train drivers and future drivers of commercial motor vehicles to operate such vehicles 

in a safe manner. 

Sec. 4123. Commercial motor vehicle safety advisory committee 

This section requires the establishment of a commercial motor 

vehicle safety advisory committee to provide advice and recommendations on a range of commercial motor vehicle safety 

issues. Members are appointed by the Secretary and include representatives of industry, drivers, safety advocates, manufacturers, 

safety enforcement officials, representatives of law enforcement 

agencies from border States, and other individuals affected by 

440 

rulemakings. No one interest may constitute a majority. The advisory committee should provide advice to the Secretary on commercial motor vehicle safety regulations and other matters relating to 

activities and functions of FMCSA. 

Sec. 4124. Safety data improvement program 

This section establishes a grant program to the States dedicated 

to improving the accuracy, timeliness, and completeness of the data 

provided to the Secretary. Prior to receiving a grant under this section, the State must complete an audit of its safety data system 

and develop a plan recognizing the needs and goals for improving 

its safety data system. The Secretary must provide a report every 

two years on the results of the program carried out under this section. 

The Safety Data Improvement program is intended to address 

safety data problems identified in the DOT Inspector General’s 

audit of FMSCA’s database. FMSCA’s limited resources require focusing on the motor carriers who are considered most ‘‘at risk’’. In 

order to do this, the data FMCSA uses for selecting carriers must 

be accurate, and timely. The Committee is concerned that without 

additional funding, the States may have trouble improving their 

data reporting. 

Sec. 4125. Commercial driver’s license information system modernization 

This section creates a grant program to be used to modernize the 

commercial driver’s license information system (CDLIS). Since the 

creation of CDLIS, improvements to the database and operability 

of the system have not kept up with improvements in technology. 

This program helps to modernize the system and improve the State 

licensing and Federal enforcement personnel’s ability to access necessary information. 

This section also allows the Secretary to conduct a pilot project 

in 3 States to evaluate a program for sharing information about all 

drivers’ licenses, both commercial and non-commercial, between 

States. 

Sec. 4126. Maximum hours of service for operators of ground water 

well drilling rigs 

For operators of commercial motor vehicles transporting ground 

water well drilling rigs, this section preserves the 24-hour restart 

provision enacted in the NHS Designation Act and provides that no 

additional off-duty time (greater than 10 hours) shall be required 

to operate the vehicle. 

Sec. 4127. Safety performance history screening 

In order to improve motor carrier safety, this provision requires 

the Secretary to provide companies conducting pre-employment 

screening services for motor carrier employers, electronic access to 

commercial motor vehicle accident reports involving a driver-applicant that are collected and maintained by FMCSA in its Motor 

Carrier Management Information System (MCMIS). The accidents 

reported to FMCSA must meet the accident definition found in 49 

CFR 390.5. 

441 

This provision also requires the Secretary to provide electronic 

access to roadside safety inspection reports involving a driver-applicant that resulted in a serious driver-related safety violation. This 

electronic access may be accomplished only after the prospective 

employer obtains written consent of the driver applicant. This safety compliance and performance information is unique to MCMIS 

and, therefore, is not found on any other national database. Prohibiting the release of this driver safety information unless expressly 

authorized or required by law protects driver privacy. The Secretary may require a fee from companies conducting pre-employment screening services to cover necessary administrative costs to 

implement this screening service. 

Sec. 4128. Intermodal chassis roadability rule-making 

This section directs the Secretary to initiate a rule-making to ensure that equipment used to transport intermodal chassis are safe. 

The rulemaking must be completed no later than 1 year after enactment of this bill and must address a way to identify the equipment owner, a civil penalty structure, a petition process, and an inspection system. 

Sec. 4129. Substance abuse professionals 

This section requires the Secretary to update the current regulatory definition of a substance abuse professional to include State 

licensed or certified mental health counselors, as well as individuals certified as addiction specialists by the American Academy of 

Health Care Providers in the Addictive Disorders. 

Sec. 4130. Interstate van operations 

This section directs the Secretary to extend the Federal motor 

carrier safety regulations found in 49 Code of Federal Regulations, 

Parts 387, 390 through 399 to all operations of commercial motor 

vehicles designed to transport between nine and fifteen passengers 

(including the driver), regardless of their operational distance. This 

section amends the final rule issued by the DOT on August 12, 

2003. 

The Committee intends the Secretary to address this situation 

through the rulemaking process. As part of the rulemaking, the 

Secretary shall amend the final rule addressing commercial motor 

vehicles transporting nine to fifteen passengers to specifically exempt vanpool operations as defined by section 132(f) of the Internal 

Revenue Code. The rulemaking also exempts stretch sedan limousines that are designed to seat nine to fifteen passengers. The 

rulemaking does not exempt SUV stretch limousines, or super 

stretch sedan limousines that are designed to seat sixteen or more 

passengers (including the driver). 

Sec. 4131. Hours of service for operators of utility service vehicles 

This section provides an exemption for drivers of utility service 

vehicles from federal, State, and local laws, rules, regulations, or 

standards that limit the number of hours operators of utility service vehicles may remain on duty. 

442 

Sec. 4132. Technical corrections 

Subsection (a) adds the Administrator as a member of the Intermodal Transportation Advisory Board. 

Subsection (b) changes the reference from ‘‘Regional Director’’ to 

‘‘Field Administrator’’, that position’s correct title since the creation 

of the FMCSA in the Motor Carrier Safety Improvement Act of 

1999. 

Sec. 4133. Intrastate and foreign operations of interstate motor carriers 

This provision permits DOT to determine whether a motor carrier or operator is fit to operate a commercial motor vehicle by considering their safety record while operating in interstate, intrastate, and Canadian and Mexican commerce. 

Sec. 4134. Operators of vehicles transporting agricultural commodities and farm supplies 

This section continues to allow for operators of vehicles transporting agricultural commodities and farm supplies to not be subject to federal, State, and local laws, rules, regulations, or standards that limit the number of hours motor vehicle operators may 

remain on duty. This applies to operators transporting agricultural 

commodities during planting and harvest periods within a 100 air 

mile radius from the location of the distribution point for the farm 

supply. 

Sec. 4135. Hours of service rules for operators providing transportation to movie production sites 

This section permits operators of commercial motor vehicles 

transporting property or passengers to or from a movie or television production site to be regulated by the Hours of Service regulations in effect on April 27, 2003. 

SUBTITLE B—HOUSEHOLD GOODS TRANSPORTATION

Oversight of the interstate household goods moving industry had 

been the responsibility of the Interstate Commerce Commission 

(ICC) prior to the ‘‘sun-setting’’ of the ICC by the ICC Termination 

Act of 1995. Most Federal oversight responsibilities for the transportation of household goods were transferred to the FHWA and 

later transferred to FMCSA upon enactment of MCSIA in 1999. 

FHWA and then FMCSA, focused their limited resources on its primary mission of highway safety, rather than on consumer protection. The lack of Federal oversight has permitted unscrupulous 

‘‘rogue’’ household goods movers to exploit this regulatory gap. 

Subtitle B of title IV of this bill provides greater protection to 

consumers shipping their household goods via motor carrier. However, the provisions in Subtitle B of title IV of this bill only relate 

to the movement of household goods motor carriers and brokers. 

For purposes of this subtitle, ‘‘household goods motor carrier’’ 

means a carrier that provides as part of its transportation services 

the inventorying, packing, unpacking, loading, and Unloading of 

household goods. 

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Sec. 4201. Federal-State relations relating to transportation of 

household goods 

This section confers authority to a State Attorney General of any 

state to bring a civil action on behalf of its residents in an appropriate district court of the United States to compel a motor carrier 

to relinquish possession of a household goods shipment or to pay 

a civil penalty assessed under section 14915. 

For purposes of bringing any civil action under this section, nothing in this section shall prevent a State Attorney General from exercising the powers conferred on the attorney general by the laws 

of such State to conduct investigations or to administer oaths or to 

compel the attendance of witnesses or the production of documentary and other evidence. 

Whenever a civil action has been instituted on a defendant by, 

or on behalf of, the Secretary for violation of any provision specified 

in this section, a State may not institute a civil action under this 

section. A civil action under this section may be brought in the district in which the defendant is found, resides, or transacts business 

or whenever venue is proper under section 1391 of title 28. 

This section allows State attorneys general to pursue civil penalties in any appropriate district court of the United States in cases 

where a ‘‘rogue mover’’ committed repeated violations of holding 

household goods hostage. This ability to enforce Federal law by 

State officials will be a huge step towards improving the consumer 

protection that has been lacking since the termination of the ICC, 

and will help augment the limited Federal resources currently 

available. Although, this additional power may be seen by some as 

an infringement on the long-standing ‘‘Carmack’’ amendment, the 

Committee was careful not to touch upon any more than was necessary to ensure proper enforcement at the State level. 

Sec. 4202. Arbitration requirements 

This section requires household goods carriers to offer shippers 

arbitration on all matters related to loss and damage, including 

disputes about charges. This section also increases the threshold 

for binding arbitration from $5,000 to $10,000. These two changes 

will provide the consumer with more options for settling disputes 

when they arise. 

Sec. 4203. Civil penalties relating to household goods brokers and 

unauthorized transportation 

This section creates civil penalties for household goods brokers 

who provide estimates prior to entering into a contract with a 

household goods mover. This section also creates a civil penalty for 

anyone who transports household goods in interstate commerce 

without having the authority to conduct that activity. 

Sec. 4204. Civil penalty for holding household goods hostage 

This section creates civil penalties for anyone who holds a person’s household goods hostage once full payment (up to 110% of the 

estimate) has been made. The civil penalty for holding household 

goods hostage shall not be less than $10,000, and if the person 

holding the goods hostage is a motor carrier, the carrier’s operating 

authority will be suspended for 6 months. 

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This legislation codifies existing regulations that require a carrier to give up possession of a household goods shipment provided 

the shipper pays the mover 100 percent of a binding estimate of 

the charges, or 110 percent of a non-binding estimate of the 

charges. 

One of the most important parts of Subtitle B of Title IV, is the 

new definition and penalties for the practice of holding household 

goods hostage. This situation arises when a household goods motor 

carrier informs the shipper that the charges for shipping or unloading the shipper’s possessions have double, tripled, or even quadrupled, and the only way the carrier will unload the goods is upon 

payment of these higher charges. These actions, conducted primarily by ‘‘rogue movers,’’ have gone largely unchecked in recent 

years. With the addition of civil penalties, Federal and State enforcement personnel have tremendous powers to prosecute these individuals. 

Sec. 4205. Working group for development of practices and procedures to enhance Federal-State relations 

This section requires the Secretary to create a working group of 

State attorney generals, State consumer protection administrators 

and Federal and local law enforcement officials for the purpose of 

developing uniform enforcement procedures with respect to interstate transportation of household goods. 

Sec. 4206. Consumer handbook on DOT Web site 

This section requires the Secretary to publish a handbook about 

consumer’s rights in readily understandable language and display 

it prominently on the DOT Web site. 

Sec. 4207. Release of household goods broker information 

This section requires the Secretary to modify the regulations to 

require household goods brokers to provide shippers, or potential 

shippers, with information about the motor carriers the broker 

uses, the broker’s DOT identification number, the general information handbook, and a statement that the broker is not a motor carrier. 

The Committee intends to deter the current practice of some brokers who advertise over the Internet, providing a low estimate 

without seeing the items to be shipped, then trying to find a carrier 

to transport the household goods without regard to the rate the 

broker quoted the shipper. 

Sec. 4208. Consumer complaint information 

This section requires the Secretary to establish a system for logging consumer complaints about household goods movers in a database accessible to the public. This section also requires the Secretary to establish a way for carriers to correct any incorrect information on the database. The Secretary is encouraged to use this information when determining which carriers should be the subject 

of a commercial investigation. 

Sec. 4209. Insurance regulations 

This section directs the Secretary to review current regulatory 

requirements regarding insurance coverage provided by household 

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goods motor carriers to shippers. The review should determine 

whether the current regulations provide adequate protection, 

whether the shipper should purchase insurance as opposed to the 

carrier, and whether there are abuses of the current regulations 

that leave shippers unprotected. 

Sec. 4210. Estimating requirements 

This section requires household goods motor carriers to provide 

written estimates for shipments of household goods. When providing these estimates, the motor carrier must conduct a physical 

survey of the household goods to be transported. A shipper may 

waive the on-site survey, but a copy of the waiver must accompany 

the estimate and remain as an addendum to the bill of lading. 

This section also provides definitions of binding, and non-binding, estimates. The binding estimate guarantees the total cost of 

the move based upon the quantities and services shown on the estimate. 

Sec. 4211. Application of State consumer protection laws to certain 

household goods carriers 

This section requires the GAO to conduct a study of the impact 

on motor carriers and shippers of household goods if State attorneys general and consumer protection agencies were allowed to enforce their State consumer protection laws and regulations with respect to interstate transportation of household goods. The GAO 

shall provide a report to Congress on the results of this study within 18 months of the date of enactment of this Act. 

Sec. 4212. Applicability to household goods motor carriers 

This section defines household goods motor carrier as in the business of providing transportation of household goods, and offering 

some or all of the following services: binding and non-binding estimates, inventorying, protective packing and unpacking of individual items, and loading and unloading at personal residences. 

Sec. 4213. Violations of out-of-service orders 

This section creates criminal liability for household goods motor 

carriers who knowingly and willfully operate a commercial motor 

vehicle in violation of an out-of-service order. 

Sec. 4214. Criminal penalty for holding goods hostage 

This section creates a criminal penalty for a household goods 

motor carrier who knowingly and willfully holds household goods 

hostage by falsifying documents or demanding payment of charges 

for services that were not performed or were not necessary. 

TITLE V—RESEARCH 

SUBTITLE A—FUNDING

Sec. 5101. Authorization of appropriations 

This section provides authorizations for the programs in the Research Title. The Surface Transportation Research Program and 

the Technology Deployment program, which were separate programs in the Transportation Equity Act for the 21st Century (TEA 

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21), are now merged into one program—the Surface Transportation 

Research, Development, and Deployment Program. 

Sec. 5102. Obligation ceiling 

This section establishes the obligation ceiling for fiscal years 

2004 through 2009. 

Sec. 5103. Findings 

This section includes congressional findings related to the importance of transportation research and development. 

SUBTITLE B—RESEARCH, TECHNOLOGY, AND EDUCATION

Sec. 5201. Research, technology and education 

This section establishes basic principles for transportation research, including the federal responsibility and role, stakeholder 

input, competition, and performance review. This section provides 

the Secretary with authority to enter into cooperative agreements 

and establishes a mechanism to facilitate ‘‘pooled funding’’ of 

projects when several states wish to fund a research project of common interest to those states. 

One of the principles governing research and technology investments directs that the Federal highway research program would 

become more oriented toward exploratory advanced research. The 

20-year Long-Term Pavement Performance Program, initiated in 

the late 1980’s will be continued to its conclusion in 2009. The role 

and function of the Turner-Fairbank Highway Research Center is 

codified in law. 

Sec. 5202. Long-term Bridge Performance Program; Innovative 

Bridge Research and Deployment Program 

This section establishes a 20-year Long-Term Bridge Performance Program, modeled on the Long-Term Pavement Performance 

Program. An Innovative Bridge Research and Deployment program 

to demonstrate innovative designs and construction methods for 

the construction, repair and rehabilitation of bridges is established. 

Sec. 5203. Surface Transportation Environment and Planning Cooperative Research Program 

This section establishes a new research program to study the 

interaction between transportation and the environment. The program will be managed and administered by the National Academy 

of Sciences. An Advisory Committee, appointed by the Secretary, 

and with a balanced membership representing transportation and 

environmental perspectives, will recommend the national research 

agenda for this program. 

Sec. 5204. Technology deployment 

This section establishes an Innovative Pavement Research and 

Deployment program to demonstrate innovative pavement technologies, practices, and performance. The goals of this program include new, cost-effective designs to extend pavement life and performance, and the reduction of both initial cost and life-cycle cost 

of pavements. A Safety Innovation Deployment Program is estabVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00448 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
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lished to foster the deployment and evaluation of safety technologies and innovations at State and local levels. 

Sec. 5205. Training and education 

The National Highway Institute—the training office of the Federal Highway Administration—is continued and the general topics 

for courses that it develops and administers are specified. The 

Local Technical Assistance program is reauthorized. The federal 

share for State LTAP grant recipients is up to 50 percent and the 

share for tribal technical assistance centers is 100 percent. Federal 

law is revised to allow states to spend NHS, IM, STP, CMAQ, and 

Bridge funds for transportation workforce development, training, 

and education. The federal share is 100 percent for the workforce 

development activities. This section also authorizes the Garrett A. 

Morgan Technology and Transportation Education program. 

Sec. 5206. Freight Planning Capacity Building 

This section establishes a Freight Planning Capacity Building 

Program to improve the capabilities of Metropolitan Planning Organizations (MPOs) and other planning agencies in transportation 

planning for freight. 

Sec. 5207. Advanced Travel Forecasting Procedures Program 

TRANSIMS is a state-of-the-art travel forecasting model that 

will have special utility for large MPOs in areas with air quality 

problems. Funding grants to states and MPOs will support deployment of this forecasting model. 

Sec. 5208. National Cooperative Freight Transportation Research 

Program 

The National Academy of Sciences will manage and administer 

a freight transportation research program. The program’s purpose 

is to discover improved ways to provide surface transportation mobility for freight movement. An Advisory Committee will be appointed by the Academy and will include a representative cross-section of freight stakeholders. The Advisory Committee is directed to 

recommend a national research agenda for this program. 

Sec. 5209. Future Strategic Highway Research Program 

This section establishes the Future Strategic Highway Research 

Program (F–SHRP), which is to be carried out by the National 

Academy of Sciences. F–SHRP is modeled on the Strategic Highway Research Program that was established by Congress in 1987. 

TEA 21 directed a study be conducted to determine the research 

agenda for a new strategic highway research program. F–SHRP 

will carry out the recommendations made by the study and will 

focus on four specific research areas—renewal of aging highway infrastructure, human factors related to highway safety, reducing 

highway congestion, and planning and designing new highway capacity. Projects and researchers will be selected to conduct research 

for the program on the basis of merit and open solicitation of proposals. 

448 

Sec. 5210. Transportation Safety Information Management System 

Project 

Funding is provided over two years to develop a software system 

that will link driver licensing, vehicle registration, roadway inventory, and motor carrier databases. The purpose of this system is to 

more easily identify the cause of accidents, injuries, and fatalities, 

so that appropriate countermeasures can be developed. 

Sec. 5211. Surface Transportation Congestion Relief Solutions Research Initiative 

Two independent research programs are established to assist 

State DOTs and MPOs in measuring and addressing surface transportation congestion problems. These research programs will focus 

on the effectiveness of Congestion Management Systems and identify the best methods for acquiring and reporting congestion information. Funding is included for technical assistance and training. 

Sec. 5212. Motor Carrier Efficiency Study 

This section provides funding to study the use of wireless technology to improve the safety and productivity of motor carrier 

freight transportation. The study will assess use of wireless technologies in fuel monitoring and management, Radio Frequency 

Identification technology, electronic manifest systems, and cargo 

theft prevention. 

Sec. 5213. Transportation research and development strategic planning 

This section directs the Secretary to develop a five-year strategic 

plan for transportation research and development. The plan will 

describe the primary purposes of the transportation research and 

development program and describe the topic areas the Department 

intends to pursue to accomplish each purpose. 

Sec. 5214. Limitation on Remedies for Future Strategic Highway 

Research Program 

This section makes claims against the National Academy of 

Sciences, for activities conducted under 510 U.S.C. 23, subject to 

the same limitations and exceptions applicable to claims against 

the United States. 

Sec. 5215. Center for Transportation Advancement and Regional 

Development 

This section establishes a Center for Transportation Advancement and Regional Development to assist, through training and research, the development of rural and small metropolitan transportation systems. 

SUBTITLE C—UNIVERSITY TRANSPORTATION RESEARCH; 

SCHOLARSHIP OPPORTUNITIES

Sec. 5301. National University Transportation Centers 

This section provides for national university transportation centers and states that the role of such centers shall be to advance significantly transportation research on critical national transporVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00450 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
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tation issues and to expand the workforce of transportation professionals. 

Sec. 5302. University transportation research 

This section provides for grants to be made to University Transportation Centers (UTCs). Funding is available to ten Regional 

University Transportation Centers, ten Tier I Centers, and ten Tier 

II Centers. The purpose of UTCs is to significantly advance the 

state-of-the-art in transportation research and expand the workforce of transportation professionals through research, education 

and technology transfer. Regional UTCs, Tier I Centers, and Tier 

II Centers will be subject to competitive selection every four years 

and all institutions must meet eligibility criteria to qualify for competition. The research and education activities of each Center must 

support a national strategy for surface transportation research. 

Each Center must match each dollar of federal grant funds with 

one dollar of local funds. 

Sec. 5303. Transportation scholarship opportunities program 

This section authorizes the Secretary to establish a scholarship 

program to attract qualified students for transportation-related 

critical jobs. 

SUBTITLE D—ADVANCED TECHNOLOGIES

Sec. 5401. Advanced heavy-duty vehicle technologies research program 

Section 5401 directs the Secretary to conduct research, development, demonstration and testing on advanced heavy-duty vehicle 

technologies. The Secretary shall consult with the Secretary of Energy and the EPA Administrator. Projects must have a cost share 

of at least 50 percent from non-federal sources. 

Sec. 5402. Commercial remote sensing products and spatial information technologies 

This section directs the Secretary, in cooperation with NASA and 

a consortium of university research centers, to carry out a program 

to validate commercial remote sensing products and spatial information technologies for application to transportation infrastructure. 

SUBTITLE E—TRANSPORTATION DATA AND ANALYSIS

Sec. 5501. Bureau of Transportation Statistics 

This section provides for the appointment of the Director of the 

Bureau of Transportation Statistics (BTS) and defines the Director’s responsibilities. The National Transportation Library is retained as part of BTS’s activities. Several provisions are included 

on the collection of freight data, including a requirement for mandatory response by corporations to BTS requests for data. Safeguards are provided to prevent disclosure of freight data that can 

be identified with any corporation or individual. An Advisory Council on Transportation Statistics is established. 

450 

Sec. 5502. Reports of Bureau of Transportation Statistics 

This section describes uses and limits of reports produced by the 

Bureau of Transportation Statistics. 

SUBTITLE F—INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH

Sec. 5601. Short title 

The short title is ‘‘Intelligent Transportation Systems Act of 

2004.’’ 

Sec. 5602. Goals and purposes 

The goals and purposes of the Intelligent Transportation Systems 

Program are articulated. While the wording is different from TEA 

21, the substance is similar. 

Sec. 5603. General authorities and requirements 

This section grants the Secretary authority to use an advisory 

committee to carry out this subtitle. 

Sec. 5604. National architecture and standards 

The Secretary is directed to develop, implement and maintain a 

national architecture for Intelligent Transportation Systems, as 

well as the supporting standards and protocols, to promote the 

widespread use of Intelligent Transportation Systems. The Secretary shall designate a panel of experts to advise the Secretary on 

ways to expedite development of standards. Any Intelligent Transportation Systems projects that use Highway Trust Fund monies 

shall conform to the national architecture and applicable standards. 

Sec. 5605. Research and development 

The Secretary is directed to carry out a comprehensive Intelligent Transportation Systems research, development, and operational test program with priority given to enhancing mobility and 

productivity, enhancing safety, and integrating vehicle and infrastructure technologies. 

Sec. 5606. Infrastructure development 

This section states that funds made available in this subtitle 

shall be used for ITS infrastructure and not for conventional highway and transit infrastructure. 

Sec. 5607. Road weather research and development program 

This section establishes a program to enhance the development 

and use of road weather information and technologies. 

Sec. 5608. Definitions 

This section defines key terms, including ITS, Intelligent Transportation Infrastructure, National Architecture, Standard, and 

Transportation Systems Management and Operations. 

Sec. 5609. Rural interstate corridor communications study 

This section provides funding for a study on the feasibility of installing fiber optic cabling and wireless communication infrastrucVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00452 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
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ture along Interstate route corridors for improved communications 

services to rural communities. 

Sec. 5610. Centers for surface transportation excellence 

This section directs the Secretary to establish three centers for 

surface transportation excellence—including centers for environmental excellence, rural safety, and project finance—and outlines 

the goals, roles, and administration of the centers. 

Sec. 5611. Repeal 

The Intelligent Transportation Systems subtitle in TEA 21 is repealed and replaced by the sections 5601—5608 described above. 

Sec. 5612. Special rule for fiscal year 2004 

This section states that where fiscal year 2004 authorized 

amounts in this title differ from fiscal year 2004 authorized 

amounts in the Surface Transportation Extension Act of 2004, Part 

V (STEA Part V), then STEA Part V governs. 

TITLE VI—TRANSPORTATION PLANNING AND PROJECT 

DELIVERY 

Sec. 6001. Transportation planning 

This section creates a new chapter 52 in title 49 to address 

transportation planning and environmental review for transportation projects. Existing planning provisions for the highway (sections 134 and 135 in title 23) and transit programs (sections 5303– 

5305 in title 49) are combined to form a unified planning title. 

Minor adjustments are made to eliminate inconsistencies and to reflect updated terminologies and practices. 

The section also extends the update cycle of metropolitan longrange transportation plans from 3 years under current regulation 

to 4 years. It extends the update cycle of metropolitan transportation improvement programs (TIPs) from 2 years under current 

law to 4 years. It requires MPOs to include in their TIPs projects 

that are designed to meet the set-aside requirements (for a portion 

of a state’s annual apportionments for NHS, CMAQ, STP, Interstate Maintenance, and Bridge programs) for congestion relief activities as mandated under section 139 of title 23. 

The section similarly extends the update cycle of state transportation improvement programs from 2 years to 4 years. It requires 

the state transportation improvement program to reflect the priorities for congestion relief activities that are included in the metropolitan TIPs. 

SUBCHAPTER A—GENERAL PROVISIONS

Sec. 5201. Definitions 

All transportation planning definitions used throughout chapter 

52, title 49 U.S.C. are included in this section. 

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SUBCHAPTER B—TRANSPORTATION PLANNING

Sec. 5211. Policy 

This section is consistent with section 134 of title 23, United 

States Code and metropolitan planning provisions in sections 5303 

and 5304 of title 49, United States Code. 

Sec. 5212. Definitions 

Definitions from section 101(a) of title 23 and section 5302 are 

applicable to this subchapter. In subsection (b) six definitions used 

in this subchapter are listed. These include metropolitan planning 

area, metropolitan planning organization, non-metropolitan area, 

non-metropolitan local official, TIP, and urbanized area. 

Sec. 5213. Metropolitan transportation planning 

Subsection (a) describes the general requirements for metropolitan transportation planning. More specifically, it directs MPOs, in 

cooperation with States and public transportation operators, to develop long-range transportation plans and transportation improvement programs. These plans and Transportation Improvement Programs (TIPs) will encompass all modes of transportation and will 

be intermodal in nature. 

Subsection (b) specifies the method by which MPOs are designated. Every urbanized area with a population of more than 

50,000 people will have an MPO either by agreement between the 

Governor and local officials representing at least 75 percent of the 

affected population or in accordance with State and local law. Each 

MPO will consist of local officials, officials of major local metropolitan transportation agencies and appropriate State officials. Once 

an MPO is designated, it will remain so designated until it is redesignated under the procedures outlined in section 5213(b)(5) or 

(6). 

Subsection (c) describes the methods for determining the boundaries of metropolitan planning areas that do not cross State lines. 

This subsection is consistent with section 134(c) of title 23, United 

States Code. 

Subsection (d) outlines methods for coordinating the planning 

process between responsible parties in metropolitan areas spanning 

two or more states. 

Subsection (e) involves coordination and consultation between 

MPOs in the event of jurisdictional conflicts. This must occur in 

cases in which more than one MPO has jurisdiction over an area 

or an area is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act. Coordination between 

MPOs will also occur if a transportation improvement funded by 

the Highway Trust Fund (HTF) runs through more than one MPO. 

Section 5213(e)(3) provides that when planning transportation 

projects, the Secretary will encourage each MPO to consult with officials involved in planning activities that are affected by transportation in the area. These affected activities include such things as 

State and local planned growth, economic development, environmental protection, airport operations, and freight movements. The 

subsection also requires that transportation plans consider other 

transportation services within the metropolitan area that are provided by other governmental agencies and nonprofit organizations, 

453 

so that metropolitan transportation services can be more coordinated. 

Section (f) outlines the goals and objectives MPOs should strive 

to attain when planning area transportation projects. Projects 

should support economic vitality, increase the safety and security 

of the transportation system, increase accessibility and mobility for 

both people and freight, protect and enhance the environment, promote integration between the various modes of transportation, as 

well as maintaining efficiency of the current transportation system. 

This subsection also states that failure to consider any and all of 

the objectives described in section 5213(f)(1) may not be reviewed 

by any court. 

Subsection (g) details the contents of transportation plans and 

the process MPOs must follow when developing such plans. 

Subsection (h) details the contents of metropolitan transportation 

improvement programs (TIPs) and the process MPOs must follow 

when developing TIPs. Included in each TIP should be a funding 

estimate, a priority project list, a description of each project, and 

a financial plan. TIPs will be published for public comment. Unlike 

current law section 134(h)(1)(D) of title 23, U.S.C., this subsection 

specifically details that TIPs must be updated at least every 4 

years, as opposed to every 2 years under current law. This section 

requires the project description in the TIP to include sufficient descriptive material, such as the ‘‘type of work, termini, length, and 

other similar factors’’, to identify the project or phase of the project. 

In addition, the TIP shall include a listing of congestion relief activities in 5213(h)(2)(D). 

Subsection (i) involves transportation management areas, which 

are defined as urbanized areas with a population over 200,000. The 

transportation plans in these areas are based on a continuing and 

comprehensive planning process carried out by the MPO. Congestion management is achieved through the use of travel demand reduction and operational management strategies. Congestion relief 

activities under section 139 of title 23 are also to be used. The Secretary must certify that the planning process for each transportation management area is being carried out in accordance with 

Federal law no less often than every 4 years. This is a change from 

current law, which mandates certification every 3 years. The Secretary has the authority to withhold up to 20 percent of the funds 

attributable to the MPO if the metropolitan planning process of an 

MPO serving a transportation management area is not certified. 

Subsection (j) gives the Secretary the authority to permit an abbreviated transportation plan and a TIP for a metropolitan planning area if deemed appropriate, except if the metropolitan planning area is in nonattainment for ozone or carbon monoxide under 

the Clean Air Act. 

Subsection 134(k) of 23 U.S.C. under current law, concerning 

funds for highways and transit being transferred to the Secretary 

in accordance with title 23, has been deleted because the transferability provisions contained in section 104(k) of title 23 already 

apply to all transfers of highway funds to transit, and to the transfer of transit funds to highways. 

Subsection (k) is consistent with subsection 134(l) of current law 

and states that a metropolitan planning area classified as nonattainment for ozone and carbon monoxide under the Clean Air Act 

454 

may not receive funds for any highway project that will result in 

a significant increase in single-occupant vehicles. The only exception would be if the project were addressed through a congestion 

management process. 

Subsection (l) is consistent with subsection 134(m) of current law. 

This section states that MPOs do not have the authority to impose 

legal requirements on any transportation facility, provider, or 

project not eligible under title 23, United States Code or chapter 

53 of title 49, United States Code. 

Subsection (m) is consistent with section 134(n) of title 23, 

United States Code and specifies that funding for the metropolitan 

transportation planning shall be provided under section 104(f) of 

title 23 and under section 5338(c) of title 49, United States Code. 

Subsection 134(n) is consistent with existing law subsection 

5213(n) and section 134(o) of title 23. It restates current methods 

of review for projects included in plans and programs under the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

Sec. 5214. Statewide transportation planning 

Subsection (a) requires states to develop statewide transportation 

plans, to cover a period of 4 years and to be updated every 4 years. 

The statewide transportation plan must provide for integrated 

transportation facilities, including accessible facilities, and be intermodal in nature. 

Subsection (b) is consistent with subsection 135(b) of title 23, 

USC, but adds new language to recognize the importance of coordinating trade and economic development with transportation planning. This subsection also requires the State to develop the transportation portion of the State implementation plan as required by 

the Clean Air Act (42 U.S.C. 7401 et seq.). 

Subsection (d) regarding the scope of the planning process (under 

existing section 135(c)) is amended to reflect the concept that not 

only projects, but also transportation services, are developed 

through the planning process. In section 5214(d)(1)(A), the term 

‘‘non-metropolitan areas’’ is inserted into this factor after ‘‘States,’’ 

to require States to consider economic vitality for rural areas. 

Subsection (e) corresponds to 135(d) in title 23, and lays out additional requirements for states to consider in carrying out planning. 

Subsection (f) is consistent with current law provisions regarding 

a state’s development of 20-year, long-range transportation plans 

under section 135(e) of title 23, USC. 

Subsection (g), regarding statewide transportation improvement 

programs, is consistent with subsection 135(f) of title 23, United 

States Code. This subsection has been reorganized and it deletes 

some current law provisions that have been superseded. Section 

135(f)(1)(B)(ii)(II) required that States submit to the Secretary, 

within one year of TEA–21’s passage, the details of their consultation process with non-metropolitan officials. This requirement has 

been accomplished, so the provision has been eliminated. Subsection 5214(g)(4)(H) is a new provision to ensure that the transportation improvement program reflect the priorities for congestion 

relief required under section 139 of title 23, USC, as added in this 

Act. Subsection 5214(g)(5) combines 135(f)(3)(A) and (B) of current 

law. This subsection, concerning project selection in areas with popVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00456 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
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ulations of less than 50,000 people, adds projects from state-managed public transportation programs authorized under sections 

5310, 5311, 5316, and 5317 of title 49, United States Code to the 

list of projects to be selected from the TIP by the State in consultation with affected local metropolitan transportation officials. Subsection 5214(g)(6) states that the Secretary must approve a transportation improvement program at least every 4 years, as opposed 

to a biennial review mandated in current law. 

In subsection (h), funding for statewide transportation planning 

is provided under subsection 104(i) of title 23 and under section 

5338(c) of title 49, United States Code. 

Subsections (i) and (j) are identical to existing law subsections 

135(h) and 135(i), respectively. 

Sec. 6002. Efficient environmental reviews for project decisionmaking 

Subsection (a) recognizes Enlibra principles as a sound basis for 

interaction among Federal, state, and local governments and Indian tribes. It encourages the adoption of these principles in the development of highway construction and transit projects. This section is intended as a statement of policy. It is not intended to establish enforceable rights or to modify any existing legal standards 

applicable to the environmental review process for such projects. 

Subsection (b) creates a new Subchapter C of Chapter 52 of Title 

49 to address efficient environmental reviews for project decisionmaking. 

SUBCHAPTER C—EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT

DECISIONMAKING

Sec. 5251. Definitions and applicability 

This section sets forth definitions applicable to this subchapter. 

Sec. 5252. Project development procedures 

This section establishes comprehensive project development procedures for projects that require the approval of the U.S. Department of Transportation. These procedures must be followed for all 

projects that require preparation of an environmental impact statement (EIS) under NEPA and may be followed for any project that 

involves preparation of an environmental assessment (EA) or categorical exclusion (CE). The decision about whether to use these 

procedures for EA or CE projects is committed to the discretion of 

the Secretary of Transportation, acting in consultation with the 

project sponsor. 

Subsection (a) establishes the U.S. Department of Transportation 

as the lead agency in the environmental review process for any 

highway, transit, or multimodal project that requires the Department’s approval. As the lead agency, the Department is responsible 

for the overall direction of the environmental review process. The 

specific responsibilities of the lead agency are defined in this section. This section also requires any project sponsor that is a state 

or local government entity receiving funds under Title 23 or Title 

52 to serve as a ‘‘joint lead agency’’ in the environmental review 

process. The Federal lead agency and the State or local agency 

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456 

cordingly, any decisions to be made by the lead agency under this 

section must be made jointly by the Federal lead agency and the 

State or local government that serves as project sponsor. A project 

sponsor that is not a State or local government (e.g., a project sponsor that is a private company) cannot serve as a joint lead agency. 

Subsection (b) establishes a new concept of a ‘‘participating agency.’’ This concept is intended to be distinct from, and more inclusive 

than, the concept of a ‘‘cooperating agency’’ as established in the 

Council on Environmental Quality (CEQ) regulations for the NEPA 

process. The status of ‘‘cooperating agency’’ generally has been assigned only to those agencies that are expected to play an extensive 

role—in particular, an agency that has a permitting responsibility 

with respect to a project. The term ‘‘participating agency’’ is intended to be more inclusive, so that it encompasses all cooperating 

agencies as well as any other agencies that submit comments, participate in inter-agency review meetings, or otherwise are engaged 

in the environmental review process. The lead agency must identify 

agencies that may have an interest in the project and extend an 

invitation to participate. The legislation specifically states that designation as a participating agency does not signify support for a 

project; it is simply a means of identifying the universe of agency 

participants who must be consulted by the lead agency during the 

process. 

Subsection (c) establishes a new requirement for a project initiation notice. The purpose of this requirement is to provide an opportunity for the project sponsor to identify the specific highway 

project, transit project, or multimodal project that is being proposed 

for evaluation in the environmental review process. At the discretion of the project sponsor, the project initiation notice may include 

a general description of policies, plans, studies, legislation, or other 

materials that relate to the proposed project. Such information 

shall be considered by the lead agency in determining the scope of 

review needed in the environmental review process, including decisions on issues such as the definition of the proposed action, the 

purpose and need, the range of alternatives, and the approach to 

evaluating secondary and cumulative impacts. 

Subsection (d) makes the lead agency responsible for defining the 

purpose and need, following an opportunity for involvement by 

other agencies and the public, and identifies the types of objectives 

that may be included in a statement of purpose and need. The level 

of involvement required under this section shall be determined by 

the lead agency on a case by case basis, taking into account the 

overall size and complexity of the project. The opportunity for involvement in developing the purpose and need may be combined 

with other public involvement and agency coordination activities, 

including involvement in developing the range of alternatives to be 

considered. The lead agency’s definition of purpose and need is not 

binding on other agencies that have independent responsibilities to 

comply with NEPA. However, other agencies shall show substantial 

deference to the purpose and need as defined by the lead agency 

as required under applicable Council on Environmental Quality 

(CEQ) guidance, dated May 12, 2003; nothing in this section shall 

be construed to limit or override the guidance provided in that 

memorandum, or to preempt or limit any obligations to comply 

with the National Environmental Policy Act (NEPA) and the reguVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00458 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
457 

lations issued to implement NEPA including those issued by CEQ. 

The list of project objectives provided in this section is not intended 

to be exhaustive; these are examples of the types of objectives that 

may be included in a purpose and need statement for a highway, 

transit, or multimodal project. 

Subsection (e) makes the lead agency responsible for defining the 

range of alternatives to be considered, following an opportunity for 

involvement by other agencies and the public. The level of involvement required under this section shall be determined by the lead 

agency on a case by case basis, taking into account the overall size 

and complexity of the project. The opportunity for involvement in 

determining the range of alternatives may be combined with other 

public involvement and agency coordination activities, including involvement in developing the purpose and need. This section also establishes that the lead agency is responsible for determining the 

methodologies to be used in evaluating alternatives, and requires 

that determination to be made in collaboration with the participating agencies. In this context, collaboration means a cooperative 

and interactive process. It is not necessary for the lead agency to 

reach consensus with the participating agencies on these issues; 

the lead agency must work cooperatively with the participating 

agencies and consider their views, but the lead agency remains responsible for decisionmaking. However, the intent is to require 

meaningful deliberation about alternatives, as evidenced by the 

subsection specifying that, should the lead agency develop a preferred alternative, this must not hinder impartial decision making 

on other alternatives. 

Subsection (f) is intended to establish default comment deadlines 

that apply in the absence of a specific decision by the lead agency 

to allow a longer period for comments to be submitted. This section 

establishes 60 days as the norm for comments on a Draft EIS and 

30 days for all other comment/review periods. Lead agencies should 

provide public notice about when a comment period starts and concludes. The legislation allows the lead agency the flexibility to establish a shorter or longer time frame if there is good cause to do 

so. In addition, this section allows the lead agency to extend the 

comment deadline at any time in the environmental review process; while it is preferable to establish a realistic schedule as early 

as possible, this section does not establish a specific point in the 

process by which time extensions must be granted. 

Subsection (g) establishes a process for identifying and resolving 

issues that have the potential to delay the environmental review 

process or prevent an agency from granting a permit or other approval that is needed for a project. The participants in the environmental review process are encouraged to use similar procedures, to 

the extent practicable, to identify and resolve issues prior to initiation of the environmental review process. Nothing in this section 

is intended to preclude or limit any ongoing or future efforts by individual States to adopt procedures that call for agency coordination and dispute resolution efforts during the pre-NEPA planning 

stages of a project. 

Subsection (i) is intended to allow federal highway and transit 

funds to be provided to other State and Federal agencies to support 

activities that directly and meaningfully contribute to expediting 

and improving transportation project delivery. These funds may be 

458 

used to support activities related to the review of a specific project 

during the environmental review process, such as reviewing and 

commenting on environmental documents or attending meetings. 

These funds also may be used to support activities that contribute 

to more efficient environmental reviews through early coordination 

activities prior to initiation of the environmental review (NEPA) 

process, and also may be used to support activities that contribute 

to improvements at a programmatic level, such as training of agency personnel, information gathering and mapping, and development 

of programmatic agreements. 

Sec. 6003. Policy on historic sites 

This section amends section 303 of title 49 and section 138 of 

title 23 to provide that requirements under such section(s) are 

deemed to be satisfied if an agreement under section 106 of the National Historic Preservation Act concludes that a transportation 

program or project will not have an adverse effect on an historic 

site, unless the Advisory Council on Historic Preservation determines that using the section 106 consultation procedure to satisfy 

the requirements of such sections is inconsistent with the objectives of such Act. This section applies only to historic sites. In any 

case in which an historic site subject to section 106 includes, or is 

a part of a park, recreation area, or wildlife and waterfowl refuge 

protected under the sections cited above, this provision shall not 

apply to such parks, recreation areas or refuges. 

Sec. 6004. Exemption of interstate system 

This section provides that the Interstate System itself shall not 

be considered a historic site for purposes of 23 U.S.C. § 138 or 49 

U.S.C. § 303(c)—the laws commonly known as ‘‘Section 4(f).’’ This 

section allows individual elements of the Interstate System to be 

considered historic sites for purposes of Section 4(f), if those elements possess an independent feature of historic significance. 

Sec. 6005. Interstate compacts 

This section amends section 5213(d) of title 49, U.S.C., to direct 

that Congress must consent to interstate compacts between two or 

more states for cooperative transportation planning efforts. The 

Secretary will encourage Governors and members of multi-state 

MPOs to partake in interstate compacts consenting to cooperate in 

efforts to mutually assist interstate activities as well as establishing joint transportation agencies. The current law provisions regarding the Lake Tahoe Regional Planning Compact are included 

in this section. 

Sec. 6006. Development of transportation plan 

This section amends section 5213(g) of title 49, U.S.C. to specify 

that MPOs must prepare and update their transportation plans no 

less frequently than every 4 years. (The current law update cycle 

is ‘‘according to a schedule that the Secretary determines to be appropriate,’’ which has been determined by regulation to be every 3 

years in nonattainment or maintenance areas and every 5 years in 

attainment areas.) 

459 

Sec. 6007. Interstate agreements 

This section amends section 5214(c) of title 49, U.S.C. to authorize States to enter into compacts or agreements for the purpose of 

formal planning cooperation and coordination, since some projects 

are multi-state in nature. 

Sec. 6008. Regulations relating to transportation planning 

This section directs the Secretary to issue regulations that are 

consistent with the unified transportation planning provisions in 

this title relating to the Clean Air Act. 

Sec. 6009. Special rules relating to project development procedures 

This section amends section 5252 of title 49, United States Code, 

by adding new subsections (j) and (k). 

Subsection 5252(j) provides that, except as set forth under subsection 5252(k), nothing in section 5252 shall affect the 

reviewability of any final Federal agency action in a court of the 

United States. A savings clause provides that nothing in section 

5252 shall be construed as superseding, amending, or modifying 

NEPA or any other Federal environmental statute. 

Subsection 5252(k) establishes a 90-day period for filing any lawsuit challenging a permit, license, or approval issued by a federal 

agency for a highway or transit project. This period starts when the 

lead agency gives public notice that a final decision has been issued 

and that a 90-day period for requesting judicial review has begun. 

This limitation is intended to apply to any permit, license, or approval issued by a state agency acting under authority delegated 

by a federal agency pursuant to federal law. The purpose of this 

limitation is to ensure that any claims challenging a highway 

project for failure to comply with federal law are filed within 90 

days after the final agency action that is the subject of the legal 

challenge. 

TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 

Sec. 7001. Amendment of Title 49, United States Code 

This section establishes that any reference to a section or other 

provision shall be considered a section or provision of title 49, 

United States Code, unless otherwise specified. 

Sec. 7002. Findings and purpose 

This section establishes the Congressional findings of the hazardous materials title, and updates and clarifies the purpose of 

chapter 51. 

Sec. 7003. Definitions 

This section modifies the definition of ‘‘commerce’’ to include 

transportation on a U.S.-registered aircraft anywhere in the world. 

This section also defines the term ‘‘Secretary’’ as the Secretary of 

Transportation, except where otherwise indicated. 

Sec. 7004. General regulatory authority 

This section updates the terminology used to describe the materials the Secretary should designate as hazardous, as well as the 

terminology describing the transportation, and transportation-reVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00461 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
460 

lated, activities regulated by the DOT. This section amends current 

law to ensure that persons who design and inspect packages (or 

components of packages) are subject to the hazardous materials 

regulations. This section also clarifies that the hazardous materials 

regulations apply to persons who prepare or accept hazardous materials for transportation in commerce. 

Sec. 7005. Chemical or biological materials 

This section requires the Secretary of Transportation to develop 

uniform standards governing the collection of information and 

transmission of the information for completing background checks 

on individuals transporting hazardous materials, and notification 

to those individuals of the results of the background checks. It also 

requires that drivers from Canada and Mexico who are transporting hazardous materials in the U.S. undergo similar background checks as those conducted on U.S. drivers who transport 

hazardous materials. It is the Committee’s intent that these responsibilities be carried out by the Secretary of Transportation or 

his designee within the Department of Transportation. The Committee does not intend this section to redesignate responsibilities 

for security risk determinations currently being undertaken by the 

Department of Homeland Security. The Committee intends that 

this section adds to the current responsibilities of the Department 

of Transportation under 49 USC 5103a. 

Sec. 7006. Representation and tampering 

This section updates the language in current law without changing the scope of the law. 

Sec. 7007. Technical amendments 

This section provides technical amendments to update the terminology in current law. 

Sec. 7008. Training of certain employees 

This section amends section 5107(f) of current law (redesignated 

in the bill as section 5107(g)) by deleting the reference to section 

5108(a)–(g)(1) and (h), and section 5109, but retains the provision 

in current law that states that an action of the Secretary under 

subsections (a)–(d) of this section and section 5106 of this title is 

not an exercise of statutory authority, under section 4(b)(1) of the 

Occupational Safety and Health Act of 1970, to prescribe or enforce 

standards or regulations affecting occupational safety or health. 

This section also codifies the existing practice of providing hazardous materials training to maintenance-of-way employees and 

railroad signalmen. 

Sec. 7009. Registration 

This section amends the current law to include those persons 

who design and inspect hazardous materials packages, or package 

components, as persons required to register with the Secretary. 

This change is consistent with the updated language in Section 

7004 concerning persons who are subject to the hazardous materials regulations. 

Section 5108(g) is amended to require the Secretary to establish 

and collect a registration fee sufficient to cover the costs of procVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00462 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
461 

essing the registration and that the Secretary must collect a fee at 

least large enough to cover processing costs from all entities otherwise exempted from paying the registration fee. This section reduces the maximum fee the Secretary may assess from $5,000 to 

$3,000. 

This section also requires the Administrator of RSPA to transmit 

the annual registration information required in section 5108 for 

motor carriers to FMCSA. The Committee intends to ensure that 

FMCSA has the most up-to-date information on motor carriers that 

transport hazardous materials and expects the transmittal of information to be done as expeditiously as possible. 

Sec. 7010. Providing shipping papers 

This section requires that each person who prepares a shipping 

paper must make the disclosures that the Secretary prescribes by 

regulation. 

This section amends section 5110 to extend the time period shippers and carriers are required to retain shipping papers. Under 

current law, shippers and carriers are required to retain the shipping papers for one year after the hazardous material is no longer 

in transportation. This section requires shippers and carriers to retain shipping paper for two years after the shipping paper is prepared. 

Sec. 7011. Rail tank cars 

This section repeals section 5111, which permits a rail car built 

before January 1, 1971, to be used for hazardous materials transportation only if the air brake equipment support attachments of 

the car comply with the standard for attachments contained in 49 

CFR 179.100–16 and 179.200–19. 

Sec. 7012. Unsatisfactory safety ratings 

This section amends section 5113 to provide that a motor carrier 

owner or operator transporting hazardous materials in commerce 

who, upon review of an unfavorable fitness determination, is determined by the Secretary to be ‘‘unfit’’ is subject to the civil penalties 

in section 5123 and the criminal penalties set forth in section 5124. 

Sec. 7013. Training curriculum for the public sector 

This section updates the training curriculum to include appropriate emergency response training and planning programs developed with all Federal assistance, not just those under Federal 

grant programs. 

This section also makes the Secretary responsible for distribution 

and publication of the training curriculum. 

Sec. 7014. Planning and training grants, monitoring, and review 

This section amends section 5116(b)(4) to require the Secretary 

to consider the report established in section 7022 of this bill when 

determining a State or Indian tribes’ emergency response funding 

needs. 

This section also establishes the Secretary of Transportation as 

the lead for monitoring public sector emergency response planning 

and training. It also establishes a new account within the Treasury 

specifically for hazardous materials emergency preparedness. 

462 

This section also allows the Secretary to use funds collected from 

the annual registration fees to publish and distribute the Emergency Response Guidebook. 

Sec. 7015. Special permits and exclusions 

This section would clarify that the Secretary may issue a special 

permit to any person who performs a function regulated under section 5103(b)(1). 

This section would increase the maximum renewal period of special permits from two years to four years, except that special permits issued related to highway routing of hazardous materials are 

only renewable for a two-year period. 

Sec. 7016. Uniform forms and procedures 

This section requires the Secretary to establish a working group 

to develop uniform forms and procedures for States to register and 

issue permits to persons who transport, or cause to be transported, 

hazardous materials in the State. The working group is required to 

develop a report of its recommendations for the Secretary to consider when issuing regulations to carry out a uniform State registration system. The working group is prohibited from proposing 

to limit any fee that a State may impose or collect. 

Sec. 7017. International uniformity of standards and requirements 

This section amends current law to reflect that the Secretary 

may have additional international requirements, in addition to current international standards, that need to be met. 

Sec. 7018. Administrative 

This section amends section 5121 to provide for enhanced authority to discover hidden shipments of hazardous materials and to 

clarify and enhance the inspection and enforcement authority of 

DOT officials and inspection personnel, thereby enabling them to 

more effectively identify hazardous materials shipments and to determine whether those shipments are made in accordance with the 

hazardous materials regulations. This proposal would expand DOT 

inspection authority to authorize a designated DOT officer or employee to: access, open, and examine a package (except for the 

packaging immediately adjacent to the hazardous materials contents) offered for or in transportation when the officer or employee 

has an objectively reasonable and articulable belief that the package may contain a hazardous material; remove from transportation 

a package or related packages in a shipment when the officer or 

employee has an objectively reasonable and articulable belief that 

the package or packages may pose an imminent hazard and contemporaneously documents that belief; gather information from the 

shipper, packaging manufacturer or retester, or others responsible 

for the package to determine the nature and hazards of the contents of the package; as necessary, order the shipper, packaging 

manufacturer or retester, or others responsible for the package to 

have the package transported to, opened, and the contents analyzed at an appropriate facility; and authorize properly qualified 

personnel to assist in the package opening and examination when 

safety might otherwise be compromised. 

463 

This section also amends current law to require the Secretary to 

develop procedures to assist in the safe resumption of transportation of the package and transport unit when an inspection or investigation does not result in discovery of an imminent hazard. 

This section directs the Secretary to develop expedited procedures 

for hazardous materials that are perishable. 

The Committee believes strongly that DOT officials, law enforcement and inspection personnel must have the tools necessary to accurately determine whether hazardous materials are being transported safely and in accordance with the relevant law and regulations. To that end, the Committee supports the use of new technologies, such as the Hazmat Trucking Enforcer, that enable inspectors to conduct hazardous materials inspections in a more effective manner and to respond swiftly to any incident involving 

hazardous materials. The Committee notes that States must be in 

substantial compliance with a number of requirements under 49 

U.S.C. 31102 as a condition of receiving MCSAP funding, including 

requirements to deploy technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs under 49 

U.S.C 31102(b)(1)(A), as amended. 

This section would also repeal a requirement that the Secretary 

maintain 30 hazardous materials safety inspectors more than the 

number authorized at the end of fiscal year 1990. PHMSA currently maintains inspectors in excess of this requirement. 

Sec. 7019. Enforcement 

This section amends section 5122 to clarify the types of judicial 

relief, including a temporary or permanent injunction, punitive 

damages, and assessment of civil penalties, available to be granted 

in an action brought by the Attorney General. Subsection (b) is 

amended for clarity by changing the word ‘‘ameliorate’’ to ‘‘mitigate.’’ 

Sec. 7020. Civil penalty 

This section amends section 5123 to increase the maximum civil 

penalty from $27,500 to $50,000 for each violation of a law or regulation under Chapter 51. In those cases resulting in death, serious 

illness, severe injury to any person, or substantial destruction of 

property, the Secretary would be able to increase the maximum 

penalty to $100,000. 

Sec. 7021. Criminal penalty 

Section 5124 would be revised to include a new ‘‘reckless’’ standard and to define the ‘‘knowing,’’ ‘‘reckless,’’ and ‘‘willful’’ mentalstate standards necessary to establish a criminal violation. Section 

5124(a) would be amended to provide that a person who knowingly, 

willfully, or recklessly violates chapter 51 or a regulation, order, 

special permit, or approval issued under that chapter, is subject to 

a fine imposed under title 18 and/or imprisonment of not more 

than 5 years. In cases where a violation involves the release of a 

hazardous material that results in death or bodily injury to any 

person, the maximum term of imprisonment is 10 years. 

Section 5124(c) defines a ‘‘willful’’ violation as when the person 

has knowledge of the facts giving rise to the violation and the person has knowledge that the conduct was unlawful. 

464 

Section 5124(d) defines a ‘‘reckless’’ violation as when a person 

displays a deliberate indifference or conscious disregard for the 

consequences of his or her conduct. 

Sec. 7022. Preemption 

This section adds language to ensure that when the preemption 

test required by this section is conducted, each requirement is independent in their application to the State or Indian tribe. 

Sec. 7023. Relationship to other laws 

This section updates the language in the current law without 

changing the scope. 

Sec. 7024. Judicial review 

This section adds a new section 5127 providing for judicial review of final actions taken by the Secretary under chapter 51. This 

provision establishes the appropriate judicial forum for review of 

final agency actions in the areas of compliance, enforcement, civil 

penalties, rulemaking, and preemption. 

Under this proposal, the U.S. Court of Appeals for the District 

of Columbia or the U.S. Court of Appeals for the U.S. circuit in 

which a person seeking review resides or has his or her principal 

place of business would review the final action. The petition for review must be filed within 60 days after issuance of the order. The 

section describes judicial procedures, the authority of the court, and 

a requirement for prior objection. 

Sec. 7025. Authorization of appropriations 

This section provides funding for the DOT to implement the programs and grants established and required in chapter 51 for fiscal 

years 2005 through 2007. 

Sec. 7026. Determining amount of undeclared shipments of hazardous materials entering the United States 

This section requires the GAO to conduct a study to propose 

methods to determine the amount of undeclared shipments of hazardous materials entering the United States. 

Sec. 7027. Conforming amendments 

This section provides conforming amendments necessary for the 

changes made in Title VII. 

TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING 

GUARANTEE 

Sec. 8001. Policy 

This section retains the principles of guaranteed funding levels 

and budgetary firewalls for the federal-aid highways program, Federal Motor Carrier Safety Administration, the trust fund portion of 

the National Highway Traffic Safety Administration, and the general fund and trust fund portion of the Federal Transit Administration. 

The Committee ordered the bill reported with the expectation 

that additional language would be proposed jointly by the ComVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00466 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
465 

mittee on Transportation and Infrastructure and the Committee on 

the Budget to address these issues. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

H.R. 3 was introduced by Chairman Don Young, Ranking Minority Member James Oberstar, Subcommittee Chairman Tom Petri, 

and Subcommittee Ranking Minority Member Peter DeFazio and 

71 cosponsors on February 9, 2005 and referred to the Committee 

on Transportation and Infrastructure. The Committee on Transportation and Infrastructure met on March 2, 2005 and adopted by 

voice vote, a manager’s amendment offered by Committee Chairman Don Young. The Committee also approved an amendment offered by Mr. Bachus, by voice vote, in addition to an amendment 

offered by Chairman Young, which passed by unanimous consent. 

Subsequently, the Committee ordered the bill as amended reported 

to the House by voice vote. 

ROLL CALL VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each roll call vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report. Such a cost estimate will 

be included in a supplemental report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and 308(a) of the 

Congressional Budget Act of 1974, the Committee references the 

report of the Congressional Budget Office that will be included in 

a supplemental report. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to provide for a safe, efficient, 

and improved surface transportation system. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee references the 

cost estimate for H.R. 3 from the Director of the Congressional 

Budget Office that will be included in a supplemental report. 

466 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee will provide the estimate of federal mandates 

prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act in a supplemental report. (Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 3 does not preempt any state, local, or tribal law. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. (Public Law 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

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 

* * * * * * * 

ø5. Research and Technology ........................................................................ 501¿ 

5. Research, Technology, and Education ...................................................... 501 

6. Infrastructure Finance ............................................................................... 601 

CHAPTER 1—FEDERAL-AID HIGHWAYS 

øSUBCHAPTER I—GENERAL PROVISIONS¿ 

Sec. 

101. Definitions and declaration of policy 

* * * * * * * 

139. Motor vehicle congestion relief. 

* * * * * * * 

467 

150. Deployment of intelligent transportation systems. 

* * * * * * * 

165. Construction of ferry boats and ferry terminal facilities. 

166. Transportation systems management and operations. 

167. State assumption of responsibilities for certain programs and projects. 

168. HOV facilities. 

* * * * * * * 

øSUBCHAPTER II—INFRASTRUCTURE FINANCE 

ø181. Definitions. 

ø182. Determination of eligibility and project selection. 

ø183. Secured loans. 

ø184. Lines of credit. 

ø185. Project servicing. 

ø186. State and local permits. 

ø187. Regulations. 

ø188. Funding. 

ø189. Report to Congress.¿ 

øSUBCHAPTER I—GENERAL PROVISIONS¿ 

§ 101. Definitions and declaration of policy 

(a) DEFINITIONS.—In this title, the following definitions apply: 

(1) * * * 

* * * * * * * 

(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— 

(A) * * * 

* * * * * * * 

(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; øand¿ 

(H) capital improvements that directly facilitate an effective vehicle weight enforcement program, such as scales 

(fixed and portable), scale pits, scale installation, and scale 

housesø.¿; and 

(I) surface transportation workforce development, training, and education. 

* * * * * * * 

(17) OPERATING COSTS FOR TRAFFIC MONITORING, MANAGEMENT, 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 transportation systems management and operations and the continuous operation of traffic control, such as 

integrated traffic control systems, incident management programs, and traffic control centers. 

(18) OPERATIONAL IMPROVEMENT.—The term ‘‘operational improvement’’— 

468 

(A) means (i) a capital improvement for transportation 

systems management and operations, including installation 

of traffic surveillance and control equipment, computerized 

signal systems, motorist information systems, integrated 

traffic control systems, incident management programs, 

equipment and programs for transportation response to 

natural disasters, 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 

* * * * * * * 

(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, installs 

fluorescent, yellow-green signs at pedestrian or bicycle crossings 

or school zones, or installs traffic control or warning devices at 

locations with high accident potential. 

* * * * * * * 

ø(2)¿ (38) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means 

a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, 

but does not include a vehicle operated exclusively on a rail or 

rails. 

(39) TRANSPORTATION SYSTEMS MANAGEMENT AND OPER- ATIONS.— 

(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, crossjurisdictional systems, services, and projects designed to 

preserve capacity and improve the security, safety, and reliability of Federal-aid highways. 

(B) INCLUDED ACTIVITIES AND IMPROVEMENTS.—The term 

includes regional operations collaboration and coordination 

activities between transportation and public safety agencies 

and improvements such as traffic detection and surveillance, arterial management, freeway management, demand 

management, work zone management, emergency management, electronic toll collection, automated enforcement, traffic operations measures to improve capacity, traffic signal 

coordination, optimization of traffic signal timing, traffic 

incident management, communications equipment related 

to traffic incident management (including integrated, interoperable, emergency communications equipment), roadway 

weather management, traveler information services, commercial vehicle operations, traffic control, freight management, and coordination of highway, rail, transit, bicycle, 

and pedestrian operations. 

(40) ADVANCED TRUCK STOP ELECTRIFICATION SYSTEM.—The 

term ‘‘advanced truck stop electrification system’’ means a stationary system that delivers heat, air conditioning, electricity, 

469 

and communications, and is capable of providing verifiable evidence of use of those services, to a heavy-duty vehicle and any 

occupants of the heavy-duty vehicle without relying on components mounted onboard the heavy-duty vehicle for delivery of 

those services. 

(b) It is hereby declared to be in the national interest to accelerate the construction of the Federal-aid highway systems, including The Dwight D. Eisenhower System of Interstate 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 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.¿ 

It is further declared that it is in the national interest to preserve 

and enhance the Dwight D. Eisenhower National System of Interstate and Defense Highways to meet the Nation’s needs for the 21st 

century. The current urban and long distance personal travel and 

freight movement demands have surpassed the vision of the original 

Interstate System and travel demand patterns are expected to 

change. Continued planning for and investment in the Interstate 

System is critical to assure it adequately meets the changing travel 

demands of the future. Among the foremost needs that the Interstate 

System must provide are safe, efficient, and reliable (1) national 

and interregional personal mobility, (2) flow of interstate commerce, 

and (3) travel movements essential for national security. To the 

maximum extent, actions under this title should address congestion, 

safety, and freight transportation to provide for a strong and vigorous national economy. The Interstate System is hereby declared to 

be the Nation’s premiere highway system, essential for the Nation’s 

economic vitality, national security, and general welfare. The Secretary of Transportation is directed to take appropriate actions to 

preserve and enhance the Interstate System to meet the needs of the 

21st century in accordance with this title. 

* * * * * * * 

§ 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 

470 

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.¿ 

ø(b)¿ (a) ACCESS OF MOTORCYCLES.—No State or political subdivision of a State may enact or enforce a law that applies only to 

motorcycles and the principal purpose of which is to restrict the access of motorcycles to any highway or portion of a highway for 

which Federal-aid highway funds have been utilized for planning, 

design, construction, or maintenance. Nothing in this subsection 

shall affect the authority of a State or political subdivision of a 

State to regulate motorcycles for safety. 

ø(c)¿ (b) ENGINEERING COST REIMBURSEMENT.—If on-site construction of, or acquisition of right-of-way for, a highway project is 

not commenced within ø10 years (or such longer period as the 

State requests and the Secretary determines to be reasonable) 

after¿ 10 years (or such longer period as the State requests and the 

Secretary determines to be reasonable) after the date on which Federal funds are first made available, out of the Highway Trust Fund 

(other than Mass Transit Account), for preliminary engineering of 

such project, the State shall pay an amount equal to the amount 

of Federal funds made available for such engineering. The Secretary shall deposit in such Fund all amounts paid to the Secretary 

under this section. 

§ 103. Federal-aid systems 

(a) * * * 

(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) * * * 

* * * * * * * 

(Q) Capital, operating, and systems maintenance costs for 

transportation systems management and operations. 

(c) INTERSTATE SYSTEM.— 

(1) * * * 

* * * * * * * 

(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.—Subject to subparagraph (C), 

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 is 

listed on, or eligible for listing on, the National Register of 

471 

Historic Places, shall be considered to be a historic site 

under section 303 of title 49 or section 138 of this title, as 

applicable. 

(C) CONSTRUCTION, MAINTENANCE, RESTORATION, AND

REHABILITATION ACTIVITIES.—Subparagraph (B) does not 

prohibit a State from carrying out construction, maintenance, restoration, or rehabilitation activities for a portion 

of the Interstate System referred to in subparagraph (B) 

upon compliance with section 303 of title 49 or section 138 

of this title, as applicable, and section 106 of the National 

Historic Preservation Act of 1966 (16 U.S.C. 470f). 

(d) TRANSFER OF INTERSTATE CONSTRUCTION FUNDS.— (1) INTERSTATE CONSTRUCTION FUNDS NOT IN SURPLUS.— (A) * * * 

(B) EFFECT OF TRANSFER.—Upon transfer of an amount 

under subparagraph (A), the construction on which the 

amount is based, as included in the most recent Interstate 

System cost estimate, shall not be eligible for funding 

under section 104(b)(5)(A) (as in effect on the day before 

the date of enactment of the Transportation Equity Act for 

the 21st Century) øor 118(c)¿. 

* * * * * * * 

§ 104. Apportionment 

(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. 

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.¿ 

472 

(1) IN GENERAL.—There are authorized to be appropriated 

from the Highway Trust Fund (other than the Mass Transit Account) for purposes described in paragraph (2) $390,000,000 for 

fiscal year 2004, $395,000,000 for fiscal year 2005, 

$395,000,000 for fiscal year 2006, $395,000,000 for fiscal year 

2007, $395,000,000 for fiscal year 2008, and $400,000,000 for 

fiscal year 2009. 

(2) USE OF FUNDS.—The amounts authorized to be appropriated by paragraph (1) are authorized for the following purposes: 

(A) To administer the provisions of law to be financed 

from appropriations for the Federal-aid highway program 

and programs authorized under chapter 2. 

(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 øsum deducted under¿ amounts authorized to be appropriated by paragraph (1) shall remain 

available until expended. 

(4) LIMITATION ON TRANSFERABILITY.—Unless expressly authorized by law, the Secretary may not transfer any øsums deducted under¿ amounts authorized to be appropriated by paragraph (1) to a Federal agency or entity other than the Federal 

Highway Administration øand the Federal Motor Carrier Safety Administration¿. (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, 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 for each fiscal year¿ $40,000,000 for fiscal year 2004, $40,000,000 for fiscal year 2005, $40,000,000 for 

fiscal year 2006, $50,000,000 for fiscal year 2007, 

$50,000,000 for fiscal year 2008, and $50,000,000 for fiscal 

year 2009 to the Virgin Islands, Guam, American Samoa, 

and the Commonwealth of Northern Mariana Islands, 

ø$18,800,000 for each of fiscal years 1998 through 2002¿ 

$20,000,000 for fiscal year 2004 and $30,000,000 for each 

of fiscal years 2005 through 2009 for the Alaska Highway, 

and the remainder apportioned as follows: 

(i) * * * 

* * * * * * * 

(d) OPERATION LIFESAVER AND HIGH SPEED RAIL CORRIDORS.— (1) OPERATION LIFESAVER.—Before making an apportionment 

under øsubsection (b)(3) of this section¿ section 130(f) for a fiscal year, the Secretary shall set aside ø$500,000¿ $600,000 for 

such fiscal year for carrying out a public information and education program to help prevent and reduce motor vehicle acciVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00474 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
473 

dents, injuries, and fatalities and to improve driver performance at railway-highway crossings. 

(2) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN

HIGH SPEED RAIL CORRIDORS.— (A) IN GENERAL.—Before making an apportionment of 

funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside ø$5,250,000¿ $7,500,000 for each of fiscal years 2004 and 2005, $10,000,000 for each of fiscal 

years 2006 and 2007, and $15,000,000 for each of fiscal 

years 2008 and 2009 of the funds made available for the 

surface transportation program for the fiscal year for 

elimination of hazards of railway-highway crossings. 

* * * * * * * 

(E) CERTAIN IMPROVEMENTS.—øNot less than $250,000 of 

such set-aside¿ Of such set-aside, not less than $875,000 

for each of fiscal years 2004 and 2005, $1,500,000 for each 

of fiscal years 2006 and 2007, and $2,750,000 for each of 

fiscal years 2008 and 2009 shall be available øper fiscal 

year¿ for eligible improvements to the Minneapolis/St. 

Paul-Chicago segment of the Midwest High Speed Rail 

Corridor. 

* * * * * * * 

(f) METROPOLITAN PLANNING.— 

(1) SET-ASIDE.—On October 1 of each fiscal year, the 

Secretaryø, after making the deduction authorized by subsection (a) of this section,¿ shall set aside not to exceed 1 percent of the øremaining¿ 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. 

* * * * * * * 

(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. Such distribution of funds to metropolitan planning organizations shall be 

made within 30 days of the date of receipt of such funds from 

the Secretary. 

* * * * * * * 

(h) RECREATIONAL TRAILS PROGRAM.— 

(1) ADMINISTRATIVE COSTS.—Whenever 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 

474 

National Recreational Trails Advisory Committee¿ research, 

technical assistance, and training under the recreational trails 

program. 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¿ authorized to be appropriated 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. 

(j) REPORT TO CONGRESS.—The Secretary shall øsubmit to Congress a report¿ transmit to Congress a report, and also make such 

report available to the public in a user-friendly format via the Internet, for each fiscal year on— 

(1) * * * 

* * * * * * * 

§ 106. Project approval and oversight 

(a) * * * 

* * * * * * * 

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.¿ 

(h) OVERSIGHT PROGRAM.— 

(1) IN GENERAL.—The Secretary shall establish an oversight 

program to monitor the effective and efficient use of funds authorized to carry out this title. At a minimum, the program 

shall be responsive to all areas related to financial integrity 

and project delivery. 

(2) FINANCIAL INTEGRITY.— (A) FINANCIAL MANAGEMENT SYSTEMS.—The Secretary 

shall perform annual reviews that address elements of the 

State transportation departments’ financial management 

systems that affect projects approved under subsection (a). 

(B) PROJECT COSTS.—The Secretary shall develop minimum standards for estimating project costs and shall periodically evaluate the States’ practices for estimating project 

costs, awarding contracts, and reducing project costs. 

(C) RESPONSIBILITY OF THE STATES.—The States are responsible for determining that subrecipients of Federal 

funds under this title have sufficient accounting controls to 

properly manage such Federal funds. The Secretary shall 

periodically review the States’ monitoring of subrecipients. 

(3) PROJECT DELIVERY.—The Secretary shall perform annual 

reviews that address elements of a State’s project delivery sysVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00476 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
475 

tem, which includes one or more activities that are involved in 

the life cycle of a project from its conception to its completion. 

(4) RESPONSIBILITY OF THE STATES.—The States are responsible for determining that subrecipients of Federal funds under 

this title have adequate project delivery systems for projects approved under this section. The Secretary shall periodically review the States’ monitoring of subrecipients. 

(5) SPECIFIC OVERSIGHT RESPONSIBILITIES.—Nothing in this 

section shall affect or discharge any oversight responsibility of 

the Secretary specifically provided for under this title or other 

Federal law. In addition, the Secretary shall retain full oversight responsibilities for the design and construction of all Appalachian development highways under section 14501 of title 

40. 

(i) MAJOR PROJECTS.— 

(1) IN GENERAL.—Notwithstanding any other provision in this 

section, a recipient of Federal financial assistance for a project 

under this title with an estimated total cost of $500,000,000 or 

more, or any other project in the discretion of the Secretary, 

shall submit to the Secretary a project management plan and 

an annual financial plan. 

(2) PROJECT MANAGEMENT PLAN.—The project management 

plan shall document the procedures and processes in place to 

provide timely information to the project decision makers to 

manage effectively the scope, costs, schedules, and quality, and 

the Federal requirements of the project and the role of the agency leadership and management team in the delivery of the 

project. 

(3) FINANCIAL PLAN.—The financial plan shall be based on 

detailed estimates of the cost to complete the project. Annual 

updates shall be submitted based on reasonable assumptions, 

as determined by the Secretary, of future increases in the cost 

to complete the project. 

(j) OTHER PROJECTS.—A recipient of Federal financial assistance 

for a project under this title with an estimated total cost of 

$100,000,000 or more that is not covered by subsection (h) shall prepare an annual financial plan. Annual financial plans prepared 

under this subsection shall be made available to the Secretary for 

review upon the Secretary’s request. 

(k) USE OF EXCESS FUNDS.— 

(1) AUDITS.—A State may audit projects funded with 

amounts apportioned under sections 104 and 144 to determine 

whether any amounts obligated for a project are excess funds. 

(2) PLANS FOR USE OF EXCESS FUNDS.—If a State determines, 

after conducting an audit under paragraph (1), that funds obligated for a project are excess funds, the State may develop a 

plan for obligating the funds for the design and construction 

of— 

(A) with respect to excess funds derived from the surface 

transportation program under section 133(d)(1), 133(d) (2), 

or 133(d)(3), the highway bridge replacement and rehabilitation program under section 144, the congestion mitigation 

and air quality improvement program under section 149, or 

the recreational trails program under section 206, one or 

476 

more projects that are eligible for funding under that program; and 

(B) with respect to excess funds derived from any other 

program under this title, one or more projects that are eligible for funding those programs or the surface transportation program under section 133. 

(3) CERTIFICATION TO THE SECRETARY.—A State that has developed a plan under paragraph (2) shall transmit to the Secretary a certification that the State has conducted an audit 

under paragraph (1) and developed the plan in accordance with 

paragraph (2). 

(4) IMPLEMENTATION OF PLANS.—After transmitting a certification to the Secretary with respect to a plan under paragraph 

(3), the State may carry out the plan. 

(5) APPLICABILITY OF REQUIREMENTS.— 

(A) IN GENERAL.—Except as provided by subparagraph 

(B), excess funds used to carry out a project under this section shall be subject to the requirements of this title that 

are applicable to the program under which the project is 

carried out. 

(B) STP ALLOCATIONS.—Section 133(d) shall not apply to 

excess funds used to carry out a project under this section, 

unless such funds are derived from amounts apportioned 

under 104(b)(3). 

(6) EXCESS FUNDS DEFINED.—In this subsection, the term ‘‘excess funds’’ means funds obligated for a project that remain 

available for the project after the project has been completed or 

canceled. 

* * * * * * * 

§ 109. Standards 

(a) * * * 

* * * * * * * 

ø(e) No funds¿ 

(e) INSTALLATION OF SAFETY DEVICES.— 

(1) HIGHWAY AND RAILROAD GRADE CROSSINGS AND DRAWBRIDGES.—No funds shall be approved for expenditure on any 

Federal-aid highway, or highway affected under chapter 2 of 

this title, unless proper safety protective devices complying 

with safety standards determined by the Secretary at that time 

as being adequate shall be installed or be in operation at any 

highway and railroad grade crossing or drawbridge on that 

portion of the highway with respect to which such expenditures 

are to be made. 

(2) TEMPORARY TRAFFIC CONTROL DEVICES.—No funds shall 

be approved for expenditure on any Federal-aid highway, or 

highway affected under chapter 2 of this title, unless proper 

temporary traffic control devices to improve safety in work 

zones will be installed and maintained during construction, 

utility, and maintenance operations on that portion of the highway with respect to which such expenditures are to be made. InVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00478 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
477 

stallation and maintenance of the devices shall be in accordance with the Manual on Uniform Traffic Control Devices. 

* * * * * * * 

§ 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 and the succeeding 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)) if the 

amount determined pursuant to such section for such fiscal 

year is greater than zero. 

(2) REDUCTION.—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)) 

1 for fiscal year ø2000¿ 2006 or any fiscal year thereafter is 

less than zero, the Secretary on øOctober 1 of the succeeding¿ 

October 15 of such fiscal year shall reduce proportionately the 

amount of sums authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for 

such fiscal year and the succeeding fiscal year to carry out each 

of the Federal-aid highway and highway safety construction 

programs (other than emergency relief) and the motor carrier 

safety grant program by an aggregate amount equal to the 

amount determined pursuant to such section. 

(b) GENERAL DISTRIBUTION.—The Secretary shall— 

(1) determine the ratio that— 

(A) the sums authorized to be appropriated from the 

Highway Trust Fund (other than the Mass Transit Account) for each of the øfor¿ 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 øTransportation Equity Act for the 21st Century¿ Transportation 

Equity Act: A Legacy for Users, and subchapter I of chapter 311 of title 49 for a fiscal year, bears to 

* * * * * * * 

§ 112. Letting of contracts 

(a) * * * 

(b) BIDDING REQUIREMENTS.— 

(1) * * * 

* * * * * * * 

(3) DESIGN-BUILD CONTRACTING.— 

(A) * * * 

* * * * * * * 

ø(C) QUALIFIED PROJECTS.—A qualified project referred 

to in subparagraph (A) is a project under this chapter for 

which— 

478 

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 

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 for 

which the Secretary has approved the use of design-build 

contracting under criteria specified in regulations issued by 

the Secretary. 

(D) EXPERIMENTAL PROCUREMENT.—As part of any experimental program carried out under this section, the Secretary shall evaluate the use of procurement procedures 

under this paragraph where subjective evaluation criteria 

account for the majority of the selection determination. 

(E) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing 

in this section shall be construed as effecting the authority 

to carry out any experimental program concerning designbuild contracting that is being carried out by the Secretary 

on the date of enactment of this subparagraph. 

(F) REPORT.—Not later than 3 years after the date of enactment of this subparagraph, the Secretary shall transmit 

to Congress a report on the effectiveness of design-build 

contracting procedures in which the majority of the selection determinations are made based on subjective criteria 

in accordance with subparagraph (D). 

ø(D)¿ (G) 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. 

(g) TEMPORARY TRAFFIC CONTROL DEVICES.— 

479 

(1) ISSUANCE OF REGULATIONS.—The Secretary, after consultation with appropriate Federal and State officials, shall 

issue regulations establishing the conditions for the appropriate 

use of, and expenditure of funds for, uniformed law enforcement 

officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary 

traffic control devices during construction, utility, and maintenance operations. 

(2) EFFECTS OF REGULATIONS.—Based on regulations issued 

under paragraph (1), a State shall— 

(A) develop separate pay items for the use of uniformed 

law enforcement officers, positive protective measures between workers and motorized traffic, and installation and 

maintenance of temporary traffic control devices during 

construction, utility, and maintenance operations; and 

(B) incorporate such pay items into contract provisions to 

be included in each contract entered into by the State with 

respect to a highway project to ensure compliance with section 109(e)(2). 

(3) LIMITATION.—Nothing in the regulations shall be construed to prohibit a State from implementing standards that 

are more stringent than those required under the regulations. 

(4) POSITIVE PROTECTIVE MEASURES DEFINED.—In this subsection, the term ‘‘positive protective measures’’ means temporary traffic barriers, crash cushions, and other strategies to 

avoid traffic accidents in work zones, including full road closures. 

* * * * * * * 

§ 114. Construction 

(a) CONSTRUCTION WORK IN GENERAL.—The construction of any 

highways or portions of highways located on a Federal-aid system 

shall be undertaken by the respective State transportation departments or under their direct supervision. øExcept as provided in section 117 of this title, such¿ Such construction shall be subject to 

the inspection and approval of the Secretary. 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. 

* * * * * * * 

(c) CONSTRUCTION WORK IN ALASKA.— 

(1) IN GENERAL.—The Secretary shall ensure that a worker 

who is employed on a remote project for the construction of a 

highway or portion of a highway located on a Federal-aid system in the State of Alaska and who is not a domiciled resident 

of the locality shall receive meals and lodging. 

480 

(2) LODGING.—The lodging under paragraph (1) shall be in 

accordance with section 1910.142 of title 29, Code of Federal 

Regulations (relating to temporary labor camp requirements). 

(3) DEFINITIONS.—In this subsection, the following definitions 

apply: 

(A) REMOTE.—The term ‘‘remote’’, as used with respect to 

a project, means that the project is 75 miles or more from 

the United States Post Office in either Fairbanks, Anchorage, Juno, or Ketchikan, Alaska, or is inaccessible by road 

in a 2-wheel drive vehicle. 

(B) RESIDENT.—The term ‘‘resident’’, as used with respect 

to a project, means a person living within 75 miles of the 

midpoint of the project for at least 12 months. 

* * * * * * * 

§ 116. Maintenance 

(a) * * * 

(b) In any State wherein the State transportation department is 

without legal authority to maintain a project constructed on the 

Federal-aid secondary system, or within a municipality, such 

øhighway department¿ transportation department shall enter into 

a formal agreement for its maintenance with the appropriate officials of the county or municipality in which such project is located. 

* * * * * * * 

§ 117. High priority projects program 

(a) AUTHORIZATION OF HIGH PRIORITY PROJECTS.—The Secretary 

is authorized to carry out high priority projects with funds made 

available to carry out the high priority projects program under this 

section. Of amounts made available to carry out this section, the 

Secretary, subject to subsection (b), shall make available to carry 

out each project described in section ø1602 of the Transportation 

Equity Act for the 21st Century¿ 1701 of the Transportation Equity 

Act: A Legacy for Users the amount listed for such project in such 

section. Any amounts made available to carry out such program 

that are not allocated for projects described in such section shall 

be available to the Secretary, subject to subsection (b), to carry out 

such other high priority projects as the Secretary determines appropriate. 

(b) ALLOCATION PERCENTAGES.—For each project to be carried 

out with funds made available to carry out the high priority 

projects program under this section— 

ø(1) 11 percent of such amount shall be available for obligation beginning in fiscal year 1998; 

ø(2) 15 percent of such amount shall be available for obligation beginning in fiscal year 1999; 

ø(3) 18 percent of such amount shall be available for obligation beginning in fiscal year 2000; 

ø(4) 18 percent of such amount shall be available for obligation beginning in fiscal year 2001; 

ø(5) 19 percent of such amount shall be available for obligation beginning in fiscal year 2002; and 

ø(6) 19 percent of such amount shall be available for obligation beginning in fiscal year 2003.¿ 

481 

(1) 22.4 percent of such amount shall be available for obligation beginning in fiscal year 2005; 

(2) 20.2 percent of such amount shall be available for obligation beginning in fiscal year 2006; 

(3) 19.3 percent of such amount shall be available for obligation beginning in fiscal year 2007; 

(4) 19.7 percent of such amount shall be available for obligation beginning in fiscal year 2008; and 

(5) 18.4 percent of such amount shall be available for obligation beginning in fiscal year 2009. 

(c) FEDERAL SHARE.—The Federal share payable on account of 

any project carried out with funds made available to carry out this 

section shall be 80 percent of the total cost thereofø; except that 

the Federal share on account of the project to be carried out under 

item 1419 of the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 309), relating to 

reconstruction of a road and causeway in Shiloh Military Park in 

Hardin County, Tennessee, shall be 100 percent of the total cost 

thereof¿. 

* * * * * * * 

(e) 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 ø1602 of the Transportation Equity Act for the 21st 

Century¿ 1701 of the Transportation Equity Act: A Legacy for 

Users 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 ø1602 of the Transportation Equity Act for 

the 21st Century¿ 1701 of the Transportation Equity Act: A Legacy 

for Users. 

* * * * * * * 

(g) 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 

øTransportation Equity Act for the 21st Century¿ Transportation 

Equity Act: A Legacy for Users. 

* * * * * * * 

§ 118. Availability of funds 

(a) * * * 

* * * * * * * 

ø(c) SET ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.— 

ø(1) IN GENERAL.—Before any apportionment is made under 

section 104(b)(4), the Secretary shall set aside $50,000,000 in 

482 

fiscal year 1998 and $100,000,000 in each of fiscal years 1999 

through 2003 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 Transportation Equity Act for the 21st Century)) and any toll road on the Interstate System not subject 

to an agreement under section 119(e) (as in effect on December 

17, 1991). 

ø(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— 

ø(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 

ø(B) the applicant is willing and able to— 

ø(i) obligate the funds within 1 year of the date the 

funds are made available; 

ø(ii) apply the funds to a ready-to-commence project; 

and 

ø(iii) in the case of construction work, begin work 

within 90 days after obligation. 

ø(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. 

ø(4) PERIOD OF AVAILABILITY OF DISCRETIONARY FUNDS.— 

Sums made available pursuant to this subsection shall remain 

available until expended.¿ 

ø(d)¿ (c) 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. 

ø(e)¿ (d) SPECIAL RULES.—Funds made available to the State of 

Alaska and the Commonwealth of Puerto Rico under this title may 

be expended for construction of access and development roads that 

will serve resource development, recreational, residential, commercial, industrial, or other like purposes. 

* * * * * * * 

§ 120. Federal share payable 

(a) * * * 

* * * * * * * 

(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 

483 

Federal-aid highway, including the Interstate System, shall not exceed the Federal share payable on a project on øsuch system¿ such 

highway 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, forest development roads and trails, park roads and trails, parkways, public 

lands highways, 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 geometric 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 section 14501 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. 

* * * * * * * 

§ 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 øto the last sentence 

of section 133(d)(1) or¿ to section 104(f) or to øsection 133(d)(3)¿ 

section 133(d)(2). The maximum amount that a State may 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 setaside under such section for fiscal year 1997. 

* * * * * * * 

484 

§ 127. Vehicle weight limitations-Interstate System 

(a) IN GENERAL.—No funds shall be apportioned in any fiscal 

year under section 104(b)(1) of this title to any State which does 

not permit the use of The Dwight D. Eisenhower System of Interstate and Defense Highways within its boundaries by vehicles with 

a weight of twenty thousand pounds carried on any one axle, including enforcement tolerances, or with a tandem axle weight of 

thirty-four thousand pounds, including enforcement tolerances, or a 

gross weight of at least eighty thousand pounds for vehicle combinations of five axles or more. However, the maximum gross 

weight to be allowed by any State for vehicles using The Dwight 

D. Eisenhower System of Interstate and Defense Highways shall be 

twenty thousand pounds carried on one axle, including enforcement 

tolerances, and a tandem axle weight of thirty-four thousand 

pounds, including enforcement tolerances and with an overall maximum gross weight, including enforcement tolerances, on a group 

of two or more consecutive axles produced by application of the following formula: W = 500 ((LN / N ¥ 1) + 12N + 36) where W 

equals overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, L equals distance in 

feet between the extreme of any group of two or more consecutive 

axles, and N equals number of axles in group under consideration, 

except that two consecutive sets of tandem axles may carry a gross 

load of thirty-four thousand pounds each providing the overall distance between the first and last axles of such consecutive sets of 

tandem axles (1) is thirty-six feet or more, or (2) in the case of a 

motor vehicle hauling any tank trailer, dump trailer, or ocean 

transport container before September 1, 1989, is 30 feet or more: 

Provided, That such overall gross weight may not exceed eighty 

thousand pounds, including all enforcement tolerances, except for 

vehicles using Interstate Route 29 between Sioux City, Iowa, and 

the border between Iowa and South Dakota or vehicles using Interstate Route 129 between Sioux City, Iowa, and the border between 

Iowa and Nebraska, and except for those vehicles and loads which 

cannot be easily dismantled or divided and which have been issued 

special permits in accordance with applicable State laws, or the 

corresponding maximum weights permitted for vehicles using the 

public highways of such State under laws or regulations established by appropriate State authority in effect on July 1, 1956, except in the case of the overall gross weight of any group of two or 

more consecutive axles on any vehicle (other than a vehicle comprised of a motor vehicle hauling any tank trailer, dump trailer, or 

ocean transport container on or after September 1, 1989), on the 

date of enactment of the Federal-Aid Highway Amendments of 

1974, whichever is the greater. Any amount which is withheld from 

apportionment to any State pursuant to the foregoing provisions 

shall lapse if not released and obligated within the availability period specified in section ø118(b)(1)¿ 118(b)(2) of this title. This section shall not be construed to deny apportionment to any State allowing the operation within such State of any vehicles or combinations thereof, other than vehicles or combinations subject to subsection (d) of this section, which the State determines could be lawfully operated within such State on July 1, 1956, except in the case 

of the overall gross weight of any group of two or more consecutive 

axles, on the date of enactment of the Federal-Aid Highway 

485 

Amendments of 1974. With respect to the State of Hawaii, laws or 

regulations in effect on February 1, 1960, shall be applicable for 

the purposes of this section in lieu of those in effect on July 1, 

1956. With respect to the State of Colorado, vehicles designed to 

carry 2 or more precast concrete panels shall be considered a nondivisible load. With respect to the State of Michigan, laws or regulations in effect on May 1, 1982, shall be applicable for the purposes of this subsection. With respect to the State of Maryland, 

laws and regulations in effect on June 1, 1993, shall be applicable 

for the purposes of this subsection. The State of Louisiana may 

allow, by special permit, the operation of vehicles with a gross vehicle weight of up to 100,000 pounds for the hauling of sugarcane 

during the harvest season, not to exceed 100 days annually. With 

respect to Interstate Routes 89, 93, and 95 in the State of New 

Hampshire, State laws (including regulations) concerning vehicle 

weight limitations that were in effect on January 1, 1987, and are 

applicable to State highways other than the Interstate System, 

shall be applicable in lieu of the requirements of this subsection. 

With respect to that portion of the Maine Turnpike designated 

Interstate Route 95 and 495, and that portion of Interstate Route 

95 from the southern terminus of the Maine Turnpike to the New 

Hampshire State line, laws (including regulations) of the State of 

Maine concerning vehicle weight limitations that were in effect on 

October 1, 1995, and are applicable to State highways other than 

the Interstate System, shall be applicable in lieu of the requirements of this subsection. 

* * * * * * * 

§ 130. Railway-highway crossings 

(a) * * * 

* * * * * * * 

(e) FUNDS FOR PROTECTIVE DEVICES.— (1) IN GENERAL.—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. 

(2) SPECIAL RULE.—If a State demonstrates to the satisfaction 

of the Secretary that the State has met all its needs for installation of protective devices at railway-highway crossings, the 

State may use funds made available by this subsection for other 

purposes by this section. 

ø(f) APPORTIONMENT.—Twenty-five percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the States in the same manner as sums are apportioned 

under section 104(b)(2) of this title, 25 percent of such funds shall 

be apportioned to the States in the same manner as sums are apportioned under section 104(b)(6) of this title, and 50 percent of 

such funds shall be apportioned to the States in the ratio that total 

railway-highway crossings in each State bears to the total of such 

crossings in all States. The Federal share payable on account of 

any project financed with funds authorized to be appropriated to 

carry out this section shall be 90 percent of the cost thereof.¿ 

486 

(f) APPORTIONMENT.— (1) FORMULA.—Fifty percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the 

States in accordance with the formula set forth in section 

104(b)(3)(A), and 50 percent of such funds shall be apportioned 

to the States in the ratio that total public railway-highway 

crossings in each State bears to the total of such crossings in 

all States. 

(2) MINIMUM APPORTIONMENT.—Notwithstanding paragraph 

(1), each State shall receive a minimum of 1⁄2 of 1 percent of the 

funds apportioned under paragraph (1). 

(3) FEDERAL SHARE.—The Federal share payable on account 

of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost 

thereof. 

(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 of the Senate and 

the Committee on Transportation and Infrastructure of the House 

of Representatives ønot later than April 1 of each year,¿, not later 

than April 1, 2006, and every 2 years thereafter, 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 schedule of improvements 

required by subsection (d) and include recommendations for future 

implementation of the railroad highway crossings program. 

* * * * * * * 

(k) EXPENDITURE OF FUNDS.—Not more than 2 percent of funds 

apportioned to a State to carry out this section may be used by the 

State for compilation and analysis of data in support of activities 

carried out under subsection (g). 

* * * * * * * 

§ 133. Surface transportation program 

(a) * * * 

(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) * * * 

* * * * * * * 

(6) Capital and operating costs for traffic monitoring, management, and control facilities and programs, including advanced truck stop electrification systems. 

* * * * * * * 

487 

ø(13)¿ (12) Infrastructure-based intelligent transportation 

systems capital improvements. 

ø(14)¿ (13) Environmental restoration and pollution abatement projects (including the retrofit or construction of storm 

water treatment systems) to address water pollution or environmental 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) Regional transportation operations collaboration and coordination activities that are associated with regional improvements, including activities for traffic incident management, 

technology deployment, emergency management and response, 

traveler information, and regional congestion relief. 

* * * * * * * 

(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 ACTIVITIES.— 

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 subparagraphs (C) and (D), 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) * * * 

* * * * * * * 

(B) SPECIAL RULE FOR AREAS OF LESS THAN 5,000 POPULATION.—Of the amounts required øtobe¿ to be obligated 

under subparagraph (A)(ii), the State shall obligate in 

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. 

* * * * * * * 

(D) NONCONTIGUOUS STATES EXEMPTION.—Subparagraph 

(A) shall not apply to Hawaii and Alaska. 

* * * * * * * 

488 

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) * * * 

* * * * * * * 

(e) ADMINISTRATION.— 

(1) * * * 

* * * * * * * 

(3) PAYMENTS.— 

(A) * * * 

(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. 

* * * * * * * 

(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) * * * 

* * * * * * * 

(f) OBLIGATION AUTHORITY.— 

(1) IN GENERAL.—A State that is required to obligate in an 

urbanized area with an urbanized area population of over 

200,000 individuals under subsection (d) funds apportioned to 

the State under section 104(b)(3) shall make available during 

the period of fiscal years ø1998 through 2000¿ 2004 through 

2006 and the period of fiscal years ø2001 through 2003¿ 2007 

through 2009 an amount of obligation authority distributed to 

the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the 

amount obtained by multiplying— 

489 

(A) * * * 

* * * * * * * 

ø§ 134. Metropolitan planning 

ø(a) GENERAL REQUIREMENTS.— 

ø(1) FINDINGS.—It is in the national interest to encourage 

and promote the safe and efficient management, operation, and 

development of surface transportation systems that will serve 

the mobility needs of people and freight and foster economic 

growth and development within and through urbanized areas, 

while minimizing transportation-related fuel consumption and 

air pollution. 

ø(2) DEVELOPMENT OF PLANS AND PROGRAMS.—To accomplish 

the objective stated in paragraph (1), metropolitan planning organizations designated under subsection (b), in cooperation 

with the State and public transit operators, shall develop 

transportation plans and programs for urbanized areas of the 

State. 

ø(3) CONTENTS.—The plans and programs for each metropolitan area shall provide for the development and integrated 

management and operation of transportation systems and facilities (including pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan area and as an integral part 

of an intermodal transportation system for the State and the 

United States. 

ø(4) PROCESS OF DEVELOPMENT.—The process for developing 

the plans and programs shall provide for consideration of all 

modes of transportation and shall be continuing, cooperative, 

and comprehensive to the degree appropriate, based on the 

complexity of the transportation problems to be addressed. 

ø(b) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.— 

ø(1) IN GENERAL.—To carry out the transportation planning 

process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a 

population of more than 50,000 individuals— 

ø(A) by agreement between the Governor 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 

ø(B) in accordance with procedures established by applicable State or local law. 

ø(2) STRUCTURE.—Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated 

under this subsection, shall consist of— 

ø(A) local elected officials; 

ø(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area 

(including all transportation agencies included in the metropolitan planning organization as of June 1, 1991); and 

ø(C) appropriate State officials. 

490 

ø(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 

this subsection shall be construed to interfere with the authority, under any State law in effect on the date of the enactment 

of this section, of a public agency with multimodal transportation responsibilities to— 

ø(A) develop plans and programs for adoption by a metropolitan planning organization; and 

ø(B) develop long-range capital plans, coordinate transit 

services and projects, and carry out other activities pursuant to State law. 

ø(4) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any 

other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph 

(5). 

ø(5) REDESIGNATION.— 

ø(A) PROCEDURES.—A metropolitan planning organization may be redesignated by agreement between the Governor 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) as appropriate to carry out this section. 

ø(B) CERTAIN REQUESTS TO REDESIGNATE.—A metropolitan planning organization shall be redesignated upon request of a unit or units of general purpose local government representing at least 25 percent of the affected population (including the central city or cities as defined by the 

Bureau of the Census) in any urbanized area (i) whose 

population is more than 5,000,000 but less than 

10,000,000, or (ii) which is an extreme nonattainment area 

for ozone or carbon monoxide as defined under the Clean 

Air Act. Such redesignation shall be accomplished using 

procedures established by subparagraph (A). 

ø(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING

ORGANIZATION.—More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan 

planning organization determine that the size and complexity 

of the existing metropolitan planning area make designation of 

more than 1 metropolitan planning organization for the area 

appropriate. 

ø(c) METROPOLITAN PLANNING AREA BOUNDARIES.— 

ø(1) IN GENERAL.—For the purposes of this section, the 

boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor. 

ø(2) INCLUDED AREA.—Each metropolitan planning area— 

ø(A) shall encompass at least the existing urbanized 

area and the contiguous area expected to become urbanized within a 20-year forecast period; and 

ø(B) may encompass the entire metropolitan statistical 

area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. 

491 

ø(3) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAIN- MENT.—Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or 

carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 

seq.), the boundaries of the metropolitan planning area in existence as of the date of enactment of this paragraph shall be 

retained, except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (b)(5). 

ø(4) NEW METROPOLITAN PLANNING AREAS IN NONATTAIN- MENT.—In the case of an urbanized area designated after the 

date of enactment of this paragraph as a nonattainment area 

for ozone or carbon monoxide, the boundaries of the metropolitan planning area— 

ø(A) shall be established in the manner described in subsection (b)(1); 

ø(B) shall encompass the areas described in paragraph 

(2)(A); 

ø(C) may encompass the areas described in paragraph 

(2)(B); and 

ø(D) may address any nonattainment area identified 

under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone 

or carbon monoxide. 

ø(d) COORDINATION IN MULTISTATE AREAS.— ø(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. 

ø(2) INTERSTATE COMPACTS.—The consent of Congress is 

granted to any 2 or more States— 

ø(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 

ø(B) to establish such agencies, joint or otherwise, as the 

States may determine desirable for making the agreements and compacts effective. 

ø(3) LAKE TAHOE REGION.— 

ø(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). 

ø(B) TRANSPORTATION PLANNING PROCESS.—The Secretary shall— 

ø(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 

ø(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. 

492 

ø(C) INTERSTATE COMPACT.— ø(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 accordance with procedures established by applicable 

State or local law. 

ø(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT

AGENCIES.— 

ø(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. 

ø(D) ACTIVITIES.—Highway projects included in transportation plans developed under this paragraph— 

ø(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 

ø(ii) may, in accordance with chapter 2, be funded 

using funds allocated under section 202. 

ø(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— 

ø(A) by recipients of assistance under chapter 53 of title 

49; and 

ø(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. 

ø(e) COORDINATION OF MPOS.— ø(1) NONATTAINMENT AREAS.—If more than 1 metropolitan 

planning organization has authority within a metropolitan 

area or an area which is designated as a nonattainment area 

for ozone or carbon monoxide under the Clean Air Act, each 

metropolitan planning organization shall consult with the 

493 

other metropolitan planning organizations designated for such 

area and the State in the coordination of plans and programs 

required by this section. 

ø(2) PROJECT LOCATED IN MULTIPLE MPOS.—If a project is located within the boundaries of more than 1 metropolitan planning organization, the metropolitan planning organizations 

shall coordinate plans regarding the project. 

ø(f) SCOPE OF PLANNING PROCESS.— ø(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— 

ø(A) support the economic vitality of the metropolitan 

area, especially by enabling global competitiveness, productivity, and efficiency; 

ø(B) increase the safety and security of the transportation system for motorized and nonmotorized users; 

ø(C) increase the accessibility and mobility options available to people and for freight; 

ø(D) protect and enhance the environment, promote energy conservation, and improve quality of life; 

ø(E) enhance the integration and connectivity of the 

transportation system, across and between modes, for people and freight; 

ø(F) promote efficient system management and operation; and 

ø(G) emphasize the preservation of the existing transportation system. 

ø(2) 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. 

ø(g) DEVELOPMENT OF LONG-RANGE TRANSPORTATION PLAN.— 

ø(1) IN GENERAL.—Each metropolitan planning organization 

shall prepare, and update periodically, according to a schedule 

that the Secretary determines to be appropriate, a long-range 

transportation plan for its metropolitan area in accordance 

with the requirements of this subsection. 

ø(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: 

ø(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 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. 

ø(B) A financial plan that demonstrates how the adopted 

long-range transportation plan can be implemented, indiVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00495 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
494 

cates 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 long-range 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) Assess capital investment and other measures necessary to— 

ø(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 

ø(ii) make the most efficient use of existing transportation facilities to relieve vehicular congestion and 

maximize the mobility of people and goods. 

ø(D) Indicate as appropriate proposed transportation enhancement activities. 

ø(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 

transportation control measures of the State implementation 

plan required by the Clean Air Act. 

ø(4) PARTICIPATION BY INTERESTED PARTIES.—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. 

ø(5) PUBLICATION OF LONG-RANGE TRANSPORTATION PLAN.— 

Each long-range transportation plan prepared by a metropolitan planning organization shall be— 

ø(i) published or otherwise made readily available for 

public review; and 

ø(ii) submitted for information purposes to the Governor 

at such times and in such manner as the Secretary shall 

establish. 

ø(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—Notwithstanding paragraph (2)(B), a State or metropolitan planning organization shall not be required to select any project 

495 

from the illustrative list of additional projects included in the 

financial plan under paragraph (2)(B). 

ø(h) METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM.— ø(1) DEVELOPMENT.— ø(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. 

ø(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. 

ø(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. 

ø(D) UPDATING AND APPROVAL.—The program shall be 

updated at least once every 2 years and shall be approved 

by the metropolitan planning organization and the Governor. 

ø(2) CONTENTS.—The transportation improvement program 

shall include— 

ø(A) a priority list of proposed federally supported 

projects and strategies to be carried out within each 3-year 

period after the initial adoption of the transportation improvement program; and 

ø(B) a financial plan that— 

ø(i) demonstrates how the transportation improvement program can be implemented; 

ø(ii) indicates resources from public and private 

sources that are reasonably expected to be available to 

carry out the program; 

ø(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and 

ø(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. 

ø(3) INCLUDED PROJECTS.— 

ø(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. 

ø(B) PROJECTS UNDER CHAPTER 2.— 

496 

ø(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally 

significant projects proposed for funding under chapter 

2 shall be identified individually in the transportation 

improvement program. 

ø(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. 

ø(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION

PLAN.—Each project shall be consistent with the longrange transportation plan developed under subsection (g) 

for the area. 

ø(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. 

ø(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. 

ø(5) SELECTION OF PROJECTS.— 

ø(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— 

ø(i) by— 

ø(I) in the case of projects under this chapter, 

the State; and 

ø(II) in the case of projects under chapter 53 of 

title 49, the designated transit funding recipients; 

and 

ø(ii) in cooperation with the metropolitan planning 

organization. 

ø(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. 

ø(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 

ø(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). 

497 

ø(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. 

ø(7) PUBLICATION.— 

ø(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. 

ø(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. 

ø(i) TRANSPORTATION MANAGEMENT AREAS.— 

ø(1) DESIGNATION.— 

ø(A) REQUIRED DESIGNATIONS.—The Secretary shall designate as a transportation management area each urbanized area with a population of over 200,000 individuals. 

ø(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. 

ø(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. 

ø(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. 

ø(4) SELECTION OF PROJECTS.— 

ø(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. 

498 

ø(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. 

ø(5) CERTIFICATION.— ø(A) IN GENERAL.—The Secretary shall— 

ø(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 

ø(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. 

ø(B) REQUIREMENTS FOR CERTIFICATION.—The Secretary 

may make the certification under subparagraph (A) if— 

ø(i) the transportation planning process complies 

with the requirements of this section and other applicable requirements of Federal law; and 

ø(ii) there is a transportation improvement program 

for the area that has been approved by the metropolitan planning organization and the Governor. 

ø(C) EFFECT OF FAILURE TO CERTIFY.— ø(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. 

ø(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. 

ø(iii) FEASIBILITY OF PRIVATE ENTERPRISE PARTICIPA- TION.—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 feasibility of private enterprise participation in accordance with section 5306(a) of title 49. 

ø(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. 

ø(j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS.— ø(1) IN GENERAL.—Subject to paragraph (2), in the case of a 

metropolitan area not designated as a transportation management area under this section, the Secretary may provide for 

the development of an abbreviated long-range transportation 

plan and transportation improvement program for the metropolitan area that the Secretary determines is appropriate to 

499 

achieve the purposes of this section, taking into account the 

complexity of transportation problems in the area. 

ø(2) NONATTAINMENT AREAS.—The Secretary may not permit 

abbreviated plans or programs for a metropolitan area that is 

in nonattainment for ozone or carbon monoxide under the 

Clean Air Act (42 U.S.C. 7401 et seq.). 

ø(k) TRANSFER OF FUNDS.—Funds made available for a highway 

project under chapter 53 of title 49 shall be transferred to and administered by the Secretary in accordance with the requirements 

of this title. Funds made available for a transit project under the 

Federal-Aid Highway Act of 1991 shall be transferred to and administered by the Secretary in accordance with the requirements 

of chapter 53 of title 49. The provisions of title 23, United States 

Code, regarding the non-Federal share shall apply to title 23 funds 

used for transit projects and the provisions of chapter 53 of title 49 

regarding non-Federal share shall apply to chapter 53 funds used 

for highway projects. 

ø(l) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT

AREAS.— 

ø(1) IN GENERAL.—Notwithstanding any other provisions of 

this title or chapter 53 of title 49, for transportation management areas classified as nonattainment for ozone or carbon 

monoxide pursuant to the Clean Air Act, Federal funds may 

not be programmed in such area for any highway project that 

will result in a significant increase in carrying capacity for single-occupant vehicles unless the project is part of an approved 

congestion management system. 

ø(2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropolitan planning area boundaries 

determined under subsection (c). 

ø(m) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any 

transportation facility, provider, or project not eligible under this 

title or chapter 53 of title 49. 

ø(n) FUNDING.— 

ø(1) IN GENERAL.—Funds set aside under section 104(f) of 

this title to carry out sections 5303 through 5305 of title 49 

shall be available to carry out this section. 

ø(2) UNUSED FUNDS.—Any funds that are not used to carry 

out this section may be made available by the metropolitan 

planning organization to the State to fund activities under section 135. 

ø(o) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since plans 

and programs described in this section are subject to a reasonable 

opportunity for public comment, since individual projects included 

in the plans and programs are subject to review under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 

since decisions by the Secretary concerning plans and programs described in this section have not been reviewed under such Act as 

of January 1, 1997, any decision by the Secretary concerning a plan 

or program described in this section shall not be considered to be 

a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

500 

ø§ 135. Statewide planning 

ø(a) GENERAL REQUIREMENTS.— ø(1) FINDINGS.—It is in the national interest to encourage 

and promote the safe and efficient management, operation, and 

development of surface transportation systems that will serve 

the mobility needs of people and freight and foster economic 

growth and development within and through urbanized areas, 

while minimizing transportation-related fuel consumption and 

air pollution. 

ø(2) DEVELOPMENT OF PLANS AND PROGRAMS.—Subject to section 134 of this title and sections 5303 through 5305 of title 49, 

each State shall develop transportation plans and programs for 

all areas of the State. 

ø(3) CONTENTS.—The plans and programs for each State 

shall provide for the development and integrated management 

and operation of transportation systems and facilities (including pedestrian walkways and bicycle transportation facilities) 

that will function as an intermodal transportation system for 

the State and an integral part of an intermodal transportation 

system for the United States. 

ø(4) PROCESS OF DEVELOPMENT.—The process for developing 

the plans and programs shall provide for consideration of all 

modes of transportation and shall be continuing, cooperative, 

and comprehensive to the degree appropriate, based on the 

complexity of the transportation problems to be addressed. 

ø(b) COORDINATION WITH METROPOLITAN PLANNING; STATE IM- PLEMENTATION PLAN.—In carrying out planning under this section, 

a State shall coordinate such planning with the transportation 

planning activities carried out under section 134 of this title and 

sections 5303 through 5305 of title 49 for metropolitan areas of the 

State and shall carry out its responsibilities for the development of 

the transportation portion of the State implementation plan to the 

extent required by the Clean Air Act. 

ø(c) SCOPE OF PLANNING PROCESS.— ø(1) IN GENERAL.—Each State shall carry out a transportation planning process that provides for consideration of 

projects and strategies that will— 

ø(A) support the economic vitality of the United States, 

the States, and metropolitan areas, especially by enabling 

global competitiveness, productivity, and efficiency; 

ø(B) increase the safety and security of the transportation system for motorized and nonmotorized users; 

ø(C) increase the accessibility and mobility options available to people and for freight; 

ø(D) protect and enhance the environment, promote energy conservation, and improve quality of life; 

ø(E) enhance the integration and connectivity of the 

transportation system, across and between modes throughout the State, for people and freight; 

ø(F) promote efficient system management and operation; and 

ø(G) emphasize the preservation of the existing transportation system. 

ø(2) FAILURE TO CONSIDER FACTORS.—The failure to consider 

any factor specified in paragraph (1) shall not be reviewable by 

501 

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. 

ø(d) ADDITIONAL REQUIREMENTS.—In carrying out planning 

under this section, each State shall, at a minimum, consider— 

ø(1) with respect to nonmetropolitan areas, the concerns of 

local elected officials representing units of general purpose 

local government; 

ø(2) the concerns of Indian tribal governments and Federal 

land management agencies that have jurisdiction over land 

within the boundaries of the State; and 

ø(3) coordination of transportation plans, programs, and 

planning activities with related planning activities being carried out outside of metropolitan planning areas. 

ø(e) LONG-RANGE TRANSPORTATION PLAN.— 

ø(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 

and implementation of the intermodal transportation system of 

the State. 

ø(2) CONSULTATION WITH GOVERNMENTS.— ø(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. 

ø(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. 

ø(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. 

ø(3) PARTICIPATION BY INTERESTED PARTIES.—In developing 

the long-range transportation plan, the State shall— 

ø(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. 

ø(4) 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 

502 

in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were 

available. 

ø(5) 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). 

ø(f) STATE TRANSPORTATION IMPROVEMENT PROGRAM.— ø(1) DEVELOPMENT.— ø(A) IN GENERAL.—Each State shall develop a transportation improvement program for all areas of the State. 

ø(B) CONSULTATION WITH GOVERNMENTS.— 

ø(i) METROPOLITAN AREAS.—With respect to each 

metropolitan area in the State, the program 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. 

ø(ii) NONMETROPOLITAN AREAS.— 

ø(I) IN GENERAL.—With respect to each nonmetropolitan area in the State, the program shall 

be developed in consultation with affected local officials with responsibility for transportation. 

ø(II) REVIEW.—Not later than 1 year after the 

date of enactment of this subclause, the State 

shall submit to the Secretary the details of the 

consultative planning process developed by the 

State for nonmetropolitan areas under subclause 

(I). The Secretary shall not review or approve 

such process. 

ø(iii) INDIAN TRIBAL AREAS.—With respect to each 

area of the State under the jurisdiction of an Indian 

tribal government, the program shall be developed in 

consultation with the tribal government and the Secretary of the Interior. 

ø(C) PARTICIPATION BY INTERESTED PARTIES.—In developing the program, the Governor shall provide citizens, affected public agencies, representatives of transportation 

agency employees, freight shippers, private providers of 

transportation, providers of freight transportation services, 

representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on 

the proposed program. 

ø(2) INCLUDED PROJECTS.— 

ø(A) IN GENERAL.—A transportation improvement program developed under this subsection for a State shall include federally supported surface transportation expenditures within the boundaries of the State. 

ø(B) CHAPTER 2 PROJECTS.— ø(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally 

significant projects proposed for funding under chapter 

2 shall be identified individually in the transportation 

improvement program. 

ø(ii) OTHER PROJECTS.—Projects proposed for funding under chapter 2 that are not determined to be reVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00504 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
503 

gionally significant shall be grouped in 1 line item or 

identified individually in the transportation improvement program. 

ø(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION

PLAN.—Each project shall be— 

ø(i) consistent with the long-range transportation 

plan developed under this section for the State; 

ø(ii) identical to the project as described in an approved metropolitan transportation improvement program; and 

ø(iii) in conformance with the applicable State air 

quality implementation plan developed under the 

Clean Air Act (42 U.S.C. 7401 et seq.), if the project 

is carried out in an area designated as nonattainment 

for ozone or carbon monoxide under such Act. 

ø(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. 

ø(E) FINANCIAL PLAN.—The transportation improvement 

program may include a financial plan that demonstrates 

how the approved transportation improvement program 

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(F) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— ø(i) NO REQUIRED SELECTION.—Notwithstanding 

subparagraph (E), a State shall not be required to select any project from the illustrative list of additional 

projects included in the financial plan under subparagraph (E). 

ø(ii) REQUIRED ACTION BY THE SECRETARY.—Action 

by the Secretary shall be required for a State to select 

any project from the illustrative list of additional 

projects included in the financial plan under subparagraph (E) for inclusion in an approved transportation 

improvement program. 

ø(G) PRIORITIES.—The program shall reflect the priorities for programming and expenditures of funds, including 

transportation enhancement activities, required by this 

title. 

ø(3) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000 

POPULATION.— ø(A) IN GENERAL.—Projects carried out in areas with 

populations of less than 50,000 individuals (excluding 

projects carried out on the National Highway System and 

projects carried out under the bridge program or the Interstate maintenance program) shall be selected, from the apVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00505 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
504 

proved statewide transportation improvement program, by 

the State in cooperation with the affected local officials. 

ø(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects 

carried out in areas described in subparagraph (A) on the 

National Highway System and projects carried out in such 

areas under the bridge program or the Interstate maintenance program shall be selected, from the approved statewide transportation improvement program, by the State in 

consultation with the affected local officials. 

ø(4) BIENNIAL REVIEW AND APPROVAL.—A transportation improvement program developed under this subsection shall be 

reviewed and, on a finding that the planning process through 

which the program was developed is consistent with this section, section 134, and sections 5303 through 5305 of title 49, 

approved not less frequently than biennially by the Secretary. 

ø(5) 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 statewide transportation improvement program in place of another 

project in the program. 

ø(g) FUNDING.—Funds set aside pursuant to section 505(a) of 

title 23, United States Code, shall be available to carry out the requirements of this section. 

ø(h) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION MAN- AGEMENT SYSTEMS.—For purposes of this section, section 134, and 

sections 5303–5306 and 5323(k) of title 49, State laws, rules or regulations pertaining to congestion management systems or programs 

may constitute the congestion management system under this Act 

if the Secretary finds that the State laws, rules or regulations are 

consistent with, and fulfill the intent of, the purposes of this section, section 134 or sections 5303–5306 and 5323(k), as appropriate. 

ø(i) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since plans 

and programs described in this section are subject to a reasonable 

opportunity for public comment, since individual projects included 

in the plans and programs are subject to review under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 

since decisions by the Secretary concerning plans and programs described in this section have not been reviewed under such Act as 

of January 1, 1997, any decision by the Secretary concerning a plan 

or program described in this section shall not be considered to be 

a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).¿ 

§ 134. Metropolitan planning 

Metropolitan transportation planning programs funded under section 104(f) shall be carried out in accordance with the metropolitan 

planning provisions of chapter 52, title 49, United States Code. 

§ 135. Statewide planning 

Statewide transportation planning programs funded under section 104(f) shall be carried out in accordance with the statewide 

planning provisions of chapter 52, title 49, United States Code. 

* * * * * * * 

505 

§ 138. Preservation of parklands 

(a) POLICY.—It is hereby declared 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. 

(b) SPECIAL RULES FOR HISTORIC SITES.— (1) IN GENERAL.—The requirements of this section are deemed 

to be satisfied in any case in which the treatment of a historic 

site has been agreed upon in accordance with section 106 of the 

National Historic Preservation Act (16 U.S.C. 470f) and the 

agreement includes a determination that the program or project 

will not have an adverse effect on the historic site. 

(2) LIMITATION ON APPLICABILITY.—This subsection does not 

apply in any case in which the Advisory Council on Historic 

Preservation determines, concurrent with or prior to the conclusion of section 106 consultation, that allowing section 106 compliance to satisfy the requirements of this section would be inconsistent with the objectives of the National Historic Preservation Act. The Council shall make such a determination if petitioned to do so by a section 106 consulting party, unless the 

Council affirmatively finds that the views of the requesting 

party have been adequately considered and that section 106 

compliance will adequately protect historic properties. 

(3) DEFINITIONS.—In this subsection, the following definitions 

apply: 

(A) SECTION 106 CONSULTATION.—The term ‘‘section 106 

consultation’’ means the consultation process required 

under section 106 of the National Historic Preservation Act 

(16 U.S.C. 470f). 

(B) ADVERSE EFFECT.—The term ‘‘adverse effect’’ means 

altering, directly or indirectly, any of the characteristics of 

a historic property that qualify the property for inclusion in 

the National Register in a manner that would diminish the 

integrity of the property’s location, design, setting, materials, workmanship, feeling, or association. 

(c) STUDIES.—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 conVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00507 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
506 

duct 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. 

* * * * * * * 

§ 139. Motor vehicle congestion relief 

(a) IN GENERAL.—Each State that has an urbanized area with an 

urbanized area population of over 200,000 individuals shall obligate in each of fiscal years 2005 through 2009 a portion of the 

State’s apportionments under section 104(b) in such fiscal year, as 

calculated under subsection (b), for congestion relief activities in 

such urbanized areas in accordance with this section. 

(b) CALCULATION OF AMOUNT.—The portion of a State’s apportionments for a fiscal year to be obligated for congestion relief activities under subsection (a) shall be determined by multiplying— 

(1) the total of amounts apportioned to the State under each 

of paragraphs (1), (2), (3), and (4) of section 104(b) in such fiscal year; by 

(2) 10 percent; by 

(3) the percentage of the State’s population residing in urbanized areas of the State with an urbanized area population of 

over 200,000 individuals. 

(c) ALLOCATION BETWEEN UNDER ONE AND UNDER THREE CON- GESTION RELIEF ACTIVITIES.—Of the total amount of a State’s apportionments to be obligated for congestion relief activities for a fiscal year as calculated under subsection (b)— 

(1) 40 percent shall be obligated for under one congestion relief activities; 

(2) 35 percent shall be obligated for under three congestion relief activities; and 

(3) 25 percent shall be obligated at the discretion of the State 

department of transportation for 1 or more of the following: 

(A) Under one congestion relief activities. 

(B) Under three congestion relief activities. 

(C) Capital costs for transit projects that are eligible for 

assistance under chapter 53 of title 49. 

(D) Demand relief projects and activities that shift demand to non-peak hours or to other modes of transportation or that reduce the overall level of demand for roads 

through such means as telecommuting, ridesharing, alternative work hour programs, and value pricing. 

(d) OBLIGATION OF AMOUNTS.— (1) IN GENERAL.—In complying with the requirements of this 

section, the amounts obligated by a State for congestion relief 

activities under subsection (a) shall be allocated among the individual programs for which funds are apportioned under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4). 

(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 

this subsection shall be construed as requiring a State to obligate proportional or equal amounts under sections 104(b)(1), 

104(b)(2), 104(b)(3), and 104(b)(4) for any congestion relief activity under this section. 

(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed as altering or otherwise affecting the apVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00508 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
507 

plicability of the requirements of this chapter (including requirements relating to the eligibility of a project for assistance under the 

program, the location of the project, and the Federal-share payable 

on account of the project) to amounts apportioned to a State for a 

program under section 104(b) that are obligated by the State for 

congestion relief activities under subsection (a). 

(f) JOINT RESPONSIBILITY.—Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure 

compliance with this section. 

(g) TRANSFERS.— 

(1) IN GENERAL.—A State may transfer a portion of the 

amount that the State must obligate for under one congestion 

relief activities in a fiscal year under this section to the amount 

the State must obligate for under three congestion relief activities under this section if the State certifies to the Secretary that 

there are no under one congestion relief activities for which 

such portion can be obligated in such fiscal year and the Secretary does not disapprove such transfer within 30 days after 

the date of such certification. 

(2) LIMITATION.—The amount that a State may transfer in a 

fiscal year under this subsection may not reduce the amount the 

State must obligate for under one congestion relief activities to 

less than 10 percent of the total amount of the State’s apportionments to be obligated for congestion relief activities for such 

fiscal year as calculated under subsection (b). 

(3) TREATMENT.—Amounts transferred by a State under this 

subsection for a fiscal year shall be included in the amount of 

the State’s apportionments allocated for under three congestion 

relief activities for such fiscal year under subsection (c)(2). 

(h) DEFINITIONS.—In this section, the following definitions apply: 

(1) CONGESTION RELIEF ACTIVITIES.— 

(A) IN GENERAL.—The term ‘‘congestion relief activity’’ 

means any activity, project, or program that has as its primary purpose, as determined by the State transportation 

department, the relief of motor vehicle congestion. 

(B) INCLUSIONS.—Such term includes the following: 

(i) Relief of motor vehicle congestion through additional capacity, construction of additional lanes, improvements to interchanges, improved access to major 

terminals, construction of parallel roads, construction 

of truck only lanes, and major arterial improvements. 

(ii) Transportation systemwide operational improvements targeted at increasing motor vehicle travel reliability through such means as incident management 

programs, traffic monitoring and surveillance, and 

traveler information initiatives. 

(iii) Maximizing efficient use of existing motor vehicle travel capacity through such means as reversible 

lanes, coordinated traffic signalization, and managed 

lanes or other lane management strategies. 

(C) EXCLUSIONS.—Such term does not include demand 

relief projects and activities that shift demand to non-peak 

hours or to other modes of transportation or that reduce the 

overall level of demand for roads through such means as 

508 

telecommuting, ridesharing, alternative work hour programs, and value pricing. 

(2) UNDER ONE CONGESTION RELIEF ACTIVITIES.—The term 

‘‘under one congestion relief activity’’ means a congestion relief 

activity that— 

(A) will be completed within one year after the date of 

commencement of onsite improvements; (B) has a total projected cost of less than $1,000,000; and 

(C) will improve conditions in the applicable urbanized 

area or is an element of the congestion management system 

of the applicable metropolitan planning organization. 

(3) UNDER THREE CONGESTION RELIEF ACTIVITIES.—The term 

‘‘under three congestion relief activities’’ means congestion relief 

activities that— 

(A) will be completed within 3 years after the date of 

commencement of onsite improvements; and 

(B) will improve conditions in the applicable urbanized 

area or is an element of the congestion management system 

of the applicable metropolitan planning organization. 

* * * * * * * 

§ 143. Highway use tax evasion projects 

(a) * * * 

(b) PROJECTS.— 

(1) * * * 

(2) ALLOCATION OF FUNDS.—Funds made available to carry 

out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary; except that 

of funds so made available for each of fiscal years 2004 through 

2009, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training. 

(3) CONDITIONS ON FUNDS ALLOCATED TO INTERNAL REVENUE

SERVICE.—øThe¿ Except as otherwise provided in this section, 

the Secretary shall not impose any condition on the use of 

funds allocated to the Internal Revenue Service under this subsection. 

(4) LIMITATION ON USE OF FUNDS.—Funds made available to 

carry out this section shall be used only— 

(A) * * * 

* * * * * * * 

(F) to reimburse State expenses that supplement existing fuel tax compliance efforts; øand¿ 

(G) to analyze and implement programs to reduce tax 

evasion associated with other highway use taxesø.¿; 

(H) to support efforts between States and Indian tribes to 

address issues related to State motor fuel taxes; and 

(I) to analyze and implement programs to reduce tax evasion associated with foreign imported fuel. 

* * * * * * * 

(9) REPORTS.—The Commissioner of the Internal Revenue 

Service and each State shall submit to the Secretary an annual 

report that describes the projects, examinations, and criminal 

investigations funded by and carried out under this section. 

509 

Such report shall specify the annual yield estimated for each 

project funded under this section. 

(c) EXCISE FUEL REPORTING SYSTEM.— (1) IN GENERAL.—Not later than øAugust 1, 1998,¿ 90 days 

after the date of enactment of the Transportation Equity Act: A 

Legacy for Users, the Secretary shall enter into a memorandum 

of understanding with the Commissioner of the Internal Revenue Service for the purposes of the ødevelopment¿ completion, 

operation, and maintenance by the Internal Revenue Service of 

øan excise fuel reporting system (in this subsection referred to 

as the ‘‘system’’)¿ an excise summary terminal activity reporting system. (2) ELEMENTS OF MEMORANDUM OF UNDERSTANDING.—The 

memorandum of understanding shall provide that— 

(A) the Internal Revenue Service shall ødevelop¿ complete and maintain øthe system¿ the excise summary terminal activity reporting system through contracts; 

(B) the system shall be under the control of the Internal 

Revenue Service; øand¿ 

(C) the system shall be made available for use by appropriate State and Federal revenue, tax, and law enforcement authorities, subject to section 6103 of the Internal 

Revenue Code of 1986ø.¿; and 

(D) the Commissioner of the Internal Revenue Service 

shall submit and the Secretary shall approve a budget and 

project plan for the completion, operation, and maintenance 

of the system. 

ø(3) FUNDING PRIORITY.—Of the amounts made available to 

carry out this section for each of fiscal years 1998 through 

2003, and prior to funding any other activity under this section, the Secretary shall make available sufficient funds to the 

Internal Revenue Service to establish and operate an automated fuel reporting system.¿ 

(3) FUNDING.—Of the amounts made available to carry out 

this section for each of fiscal years 2004 through 2009, the Secretary shall make available to the Internal Revenue Service 

such funds as may be necessary to complete, operate, and maintain the excise summary terminal activity reporting system in 

accordance with this subsection. 

(d) PIPELINE, VESSEL, AND BARGE REGISTRATION SYSTEM.— 

(1) IN GENERAL.—Not later than 90 days after the date of enactment of this subsection, the Secretary shall enter into a 

memorandum of understanding with the Commissioner of the 

Internal Revenue Service for the purposes of the development, 

operation, and maintenance of a registration system for pipelines, vessels, and barges, and operators of such pipelines, vessels, and barges, that make bulk transfers of taxable fuel. 

(2) ELEMENTS OF MEMORANDUM OF UNDERSTANDING.—The 

memorandum of understanding shall provide that— 

(A) the Internal Revenue Service shall develop and maintain the registration system through contracts; 

(B) the Commissioner of the Internal Revenue Service 

shall submit and the Secretary shall approve a budget and 

project plan for development, operation, and maintenance 

of the registration system; 

510 

(C) the registration system shall be under the control of 

the Internal Revenue Service; and 

(D) the registration system shall be made available for 

use by appropriate State and Federal revenue, tax, and law 

enforcement authorities, subject to section 6103 of the Internal Revenue Code of 1986. 

(3) FUNDING.—Of the amounts made available to carry out 

this section for each of fiscal years 2004 through 2009, the Secretary shall make available to the Internal Revenue Service 

such funds as may be necessary to complete, operate, and maintain a registration system for pipelines, vessels, and barges, and 

operators of such pipelines, vessels, and barges, that make bulk 

transfers of taxable fuel in accordance with this subsection. 

(e) HEAVY VEHICLE USE TAX PAYMENT DATABASE.— 

(1) IN GENERAL.—Not later than 90 days after the date of enactment of this subsection, the Secretary shall enter into a 

memorandum of understanding with the Commissioner of the 

Internal Revenue Service for the purposes of the establishment, 

operation, and maintenance of an electronic database of heavy 

vehicle highway use tax payments. 

(2) ELEMENTS OF MEMORANDUM OF UNDERSTANDING.—The 

memorandum of understanding shall provide that— 

(A) the Internal Revenue Service shall establish and 

maintain the electronic database through contracts; 

(B) the Commissioner of the Internal Revenue Service 

shall submit and the Secretary shall approve a budget and 

project plan for establishment, operation, and maintenance 

of the electronic database; 

(C) the electronic database shall be under the control of 

the Internal Revenue Service; and 

(D) the electronic database shall be made available for 

use by appropriate State and Federal revenue, tax, and law 

enforcement authorities, subject to section 6103 of the Internal Revenue Code of 1986. 

(3) FUNDING.—Of the amounts made available to carry out 

this section for each of fiscal years 2004 through 2009, the Secretary shall make available to the Internal Revenue Service 

such funds as may be necessary to establish, operate, and maintain an electronic database of heavy vehicle highway use tax 

payments in accordance with this subsection. 

(f) REPORTS.—Not later than March 31 and September 30 of each 

year, the Commissioner of the Internal Revenue Service shall provide reports to the Secretary on the status of the Internal Revenue 

Service projects funded under this section related to the excise summary terminal activity reporting system, the pipeline, vessel, and 

barge registration system, and the heavy vehicle use tax electronic 

database. 

* * * * * * * 

§ 144. Highway bridge replacement and rehabilitation program 

(a) * * * 

* * * * * * * 

511 

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) APPLICATIONS FOR AND APPROVAL OF ASSISTANCE.— (1) BRIDGE REPLACEMENT OR REHABILITATION.—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 subsections (b) and (c) shows 

to be eligible, the Secretary may approve Federal participation 

in replacing such bridge with a comparable facility or in rehabilitating such bridge. 

(2) PREVENTIVE MAINTENANCE, SCOUR MEASURES, AND APPLI- CATIONS OF CERTAIN COMPOSITIONS.—Whenever any State 

makes application to the Secretary for assistance in painting, 

seismic retrofit, or preventive maintenance of, or installing 

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 preventive 

maintenance of, or installation of scour countermeasures or application of acetate or sodium acetate/formate or such antiicing or de-icing composition to, such structure. 

(3) ELIGIBILITY.—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 preventive maintenance on a bridge, seismic retrofit of a bridge, or installing 

scour countermeasures to a bridge under this section without 

regard to whether the bridge is eligible for replacement or rehabilitation under this section. 

* * * * * * * 

512 

(g) SET ASIDES.— (1) DISCRETIONARY BRIDGE PROGRAM.— (A) * * * 

* * * * * * * 

(D) FISCAL YEARS 2004 THROUGH 2009.—Of the amounts 

authorized to be appropriated to carry out the bridge program under this section for each of the fiscal years 2004 

through 2009, 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 

$25,000,000 shall be available only for projects for the seismic retrofit of bridges, and of which $10,000,000 shall be 

available only for the seismic retrofit of a bridge described 

in subsection (l), and except as provided in subparagraph 

(E). 

(E) GRAVINA ACCESS.— 

(i) IN GENERAL.—Of the amounts authorized to be 

appropriated to carry out the bridge program under 

this paragraph, for each of the fiscal years 2005 

through 2009, $10,000,000 shall be set aside from the 

$100,000,000 available at the discretion of the Secretary under subparagraph (D) for the construction of 

a bridge joining the Island of Gravina to the community of Ketchikan in Alaska. 

(ii) SCORING.—The project described in this subparagraph shall not be counted for purposes of the reduction set forth in the fourth sentence of subsection (e). 

* * * * * * * 

(3) OFF-SYSTEM BRIDGES.—Not less than ø15 percent¿ 20 percent nor more than 35 percent of the amount apportioned to 

each State in each of fiscal years ø1987¿ 2005 through ø2004 

and in the period of October 1, 2004, through May 31, 2005,¿ 

2009 for the bridge program, shall be expended for projects to 

replace, rehabilitate, paint, perform systematic preventive 

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. 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. 

* * * * * * * 

(i) INVENTORIES AND REPORTS.—The Secretary shall— 

(1) * * * 

* * * * * * * 

Such reports shall be submitted to such committees biennially øat 

the same time as the report required by section 307(f) of this title 

is submitted to Congress¿. 

* * * * * * * 

513 

§ 145. Federal-State relationship 

(a) * * * 

(b) PURPOSE OF PROJECTS.—The projects described in section 

1702 of the Transportation Equity Act: A Legacy for Users, section 

1602 of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation 

Efficiency Act of 1991 (105 Stat. 2027 et seq.), and section 149(a) 

of the Surface Transportation and Uniform Relocation Assistance 

Act of 1987 (101 Stat. 181 et seq.) are intended to establish eligibility for Federal-aid highway funds made available for such 

projects by section 1101(a)(17) of the Transportation Equity Act: A 

Legacy for Users, section 1101(a)(13) of the Transportation Equity 

Act for the 21st Century, ø117 of title 23, United States Code,¿ section 117 of this title, sections 1103 through 1108 of the Intermodal 

Surface Transportation Efficiency Act of 1991, and subsections (b), 

(c), and (d) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, respectively, and are not 

intended to define the scope or limits of Federal action in a manner 

inconsistent with subsection (a). 

* * * * * * * 

§ 149. Congestion mitigation and air quality improvement 

program 

(a) * * * 

(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) * * * 

* * * * * * * 

(4) to establish or operate a traffic monitoring, management, 

and control facility or program, including advanced truck stop 

electrification systems, 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; or 

(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 paragraph. 

* * * * * * * 

514 

§ 150. Deployment of intelligent transportation systems 

(a) IN GENERAL.—In each of fiscal years 2005 through 2009, each 

State shall obligate a portion of the funds apportioned to the State 

under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4) for such 

fiscal year, calculated under subsection (b), for projects described in 

subsection (c) that support deployment of intelligent transportation 

systems in the State. 

(b) CALCULATION OF AMOUNT.—The portion of a State’s apportionments to be obligated under subsection (a) for projects described 

in subsection (c) in a fiscal year shall be determined by multiplying 

$500,000,000 by the ratio that— 

(1) the aggregate of amounts apportioned to the State for such 

fiscal year under sections 104(b)(1), 104(b)(2), 104(b)(3), and 

104(b)(4); bears to 

(2) the aggregate of amounts apportioned to all States for 

such fiscal year under such sections. 

(c) INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT

PROJECTS.—Projects for which funds must be obligated under this 

section include the following: 

(1) PERFORMANCE.—Establishment and implementation of operations systems and services that improve performance in the 

areas of traffic operations, emergency response to surface transportation incidents, surface transportation incident management, weather event response management by State and local 

authorities, surface transportation network and facility management, construction and work zone management, and traffic 

flow information. 

(2) NETWORKS.—Conducting activities that support the creation of networks that link metropolitan and rural surface 

transportation systems into an integrated data network, capable 

of collecting, sharing, and archiving transportation system traffic condition and performance information. 

(3) SAFETY.—Implementation of intelligent transportation system technologies that improve highway safety through linkages 

connecting the vehicle, the infrastructure, and information to 

the driver. 

(4) OPERATION AND MANAGEMENT.—Provision of services necessary to ensure the efficient operation and management of intelligent transportation systems infrastructure, including costs 

associated with communications, utilities, rent, hardware, software, labor, administrative costs, training, and technical services. 

(5) INTERAGENCY SUPPORT.—Provision of support for institutional relationships between transportation agencies, police, 

emergency medical services, private emergency operators, freight 

operators, and shippers. 

(6) PLANNING.—Conducting cross-jurisdictional planning and 

deployment of regional transportation systems operations and 

management approaches. 

(d) OBLIGATION OF AMOUNTS.— 

(1) IN GENERAL.—In complying with the requirements of this 

section, the amounts obligated by a State for projects under 

subsection (c) that support deployment of intelligent transportation systems in such State under subsection (a) shall be allocated among the individual programs for which funds are apVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00516 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
515 

portioned under sections 104(b)(1), 104(b)(2), 104(b)(3), and 

104(b)(4). 

(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 

this subsection shall be construed as requiring a State to obligate proportional or equal amounts under sections 104(b)(1), 

104(b)(2), 104(b)(3), and 104(b)(4) for any congestion relief activity under this section. 

(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed as altering or otherwise affecting the applicability of the requirements of this chapter (including requirements relating to the eligibility of a project for assistance under the 

program, the location of the project, and the Federal-share payable 

on account of the project) to amounts apportioned to a State for a 

program under section 104(b) that are obligated by the State for 

projects under this section. 

(f) JOINT RESPONSIBILITY.—Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure 

compliance with this section. 

* * * * * * * 

§ 152. Hazard elimination program 

(a) IN GENERAL.— (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, øand¿ pedestrians, 

and the disabled, identify roadway safety improvement needs 

for such locations, sections, and elements, assign priorities for 

the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement. 

(2) HAZARDS.—In carrying out paragraph (1), a State may, at 

its discretion— 

(A) identify, through a survey, hazards to motorists, 

bicyclists, pedestrians, the disabled, and users of highway 

facilities; and 

* * * * * * * 

(b) The Secretary may approve as a project under this section 

any safety improvement project, including a project described in 

subsection (a) that reduces the likelihood of crashes involving road 

departures, intersections, pedestrians, the disabled, bicyclists, older 

drivers, or construction work zones. 

(c) Funds authorized to carry out this section shall be available 

for expenditure on— 

(1) * * * 

(2) any public surface transportation facility or any publicly 

owned bicycle or pedestrian pathway or trail; øor¿ 

(3) any traffic calming measureø.¿; 

(4) police assistance for traffic and speed management in construction work zones; 

(5) installation of barriers between construction work zones 

and traffic lanes for the safety of motorists and workers; 

516 

(6) installation of protective devices at railway-highway crossings; and 

(7) compilation and analysis of data under subsections (f) 

and (g) if the funds used for this purpose by a State do not exceed 2 percent of the amount apportioned to such State to carry 

out this section. 

ø(d) The Federal share payable on account of any project under 

this section shall be 90 percent of the cost thereof.¿ 

(d) APPORTIONMENT.— 

(1) FORMULA.—Funds authorized to be appropriated to carry 

out this section shall be apportioned to the States in accordance 

with the formula set forth in section 104(b)(3)(A). 

(2) MINIMUM APPORTIONMENT.—Notwithstanding paragraph 

(1), each State shall receive a minimum of 1⁄2 of 1 percent of the 

funds apportioned under paragraph (1). 

(3) FEDERAL SHARE.—The Federal share payable on account 

of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost 

thereof. 

* * * * * * * 

(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. øThe 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.¿ 

* * * * * * * 

(i) BIENNIAL REPORT TO CONGRESS.—Not later than 2 years after 

the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works of the Senate a report 

on the results of the program under this section. The report shall 

include, at a minimum, the following: 

(1) A summary of State projects completed under this section 

categorized by the types of hazards and a statement of the cost 

of such projects. 

517 

(2) An analysis of the effectiveness of such categories of 

projects in reducing the number and severity of crashes at high 

hazard locations. 

(3) An assessment of the adequacy of authorized funding for 

the program and State use of such funding to address the national need for such projects. 

(4) Recommendations for funding and program improvements 

to reduce the number of high hazard locations. 

(5) An analysis and evaluation of each State program, an 

identification of any State found not to be in compliance with 

the schedule of improvements required by subsection (a), and 

recommendations for future implementation of the hazard 

elimination program. 

§ 153. Use of safety belts and motorcycle helmets 

(a) * * * 

* * * * * * * 

(h) PENALTY.— (1) * * * 

(2) øTHEREAFTER¿ FISCAL YEARS 1995–2004.—If, at any time 

in a fiscal year beginning after September 30, 1994, and ending before October 1, 2004, a State does not have in effect a law 

described in subsection (a)(2), the Secretary shall transfer 3 

percent of the funds apportioned to the State for the succeeding fiscal year under each of subsections (b)(1), (b)(2), and 

(b)(3) of section 104 of this title to the apportionment of the 

State under section 402 of this title. 

(3) FISCAL YEAR 2005 AND THEREAFTER.—On October 1, 2004, 

and each October 1 thereafter, if a State does not have in effect 

a law described in subsection (a)(2), the Secretary shall transfer 

from the funds apportioned to the State on that date under each 

of subsections (b)(1), (b)(2), and (b)(3) of section 104 to the apportionment of the State under section 402 an amount equal to 

3 percent of the funds apportioned to the State under such subsections for fiscal year 2003. 

ø(3)¿ (4) FEDERAL SHARE.—The Federal share of the cost of 

any project carried out under section 402 with funds transferred to the apportionment of section 402 shall be 100 percent. 

ø(4)¿ (5) TRANSFER OF OBLIGATION AUTHORITY.—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 allocate an amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways 

and highway safety construction programs for carrying out 

only projects under section 402 øwhich is determined by multiplying¿ which, for fiscal year 2005 and each fiscal year thereafter, is determined by multiplying— (A) * * * 

(B) the ratio of the amount of obligation authority distributed for øsuch fiscal year¿ fiscal year 2003 to the State 

for Federal-aid highways and highway safety construction 

programs to the total of the sums apportioned to the State 

for Federal-aid highways and highway safety construction 

(excluding sums not subject to any obligation limitation) 

for øsuch fiscal year¿ fiscal year 2003. 

518 

ø(5)¿ (6) Limitation on applicability of highway safety obligations. 

* * * * * * * 

(i) DEFINITIONS.—For the purposes of this section, the following 

definitions apply: 

(1) * * * 

ø(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ has the 

meaning such term has under section 154 of this title.¿ 

ø(3)¿ (2) PASSENGER VEHICLE.—The term ‘‘passenger vehicle’’ 

means a motor vehicle which is designed for transporting 10 

individuals or less, including the driver, except that such term 

does not include a vehicle which is constructed on a truck chassis, a motorcycle, a trailer, or any motor vehicle which is not 

required on the date of the enactment of this section under a 

Federal motor vehicle safety standard to be equipped with a 

belt system. 

ø(4)¿ (3) SAFETY BELT.—The term ‘‘safety belt’’ means— 

(A) * * * 

* * * * * * * 

§ 154. Open container requirements 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) * * * 

ø(3)¿ (2) OPEN ALCOHOLIC BEVERAGE CONTAINER.—The term 

‘‘open alcoholic beverage container’’ means any bottle, can, or 

other receptacle— 

(A) * * * 

* * * * * * * 

ø(4)¿ (3) PASSENGER AREA.—The term ‘‘passenger area’’ shall 

have the meaning given the term by the Secretary by regulation. 

* * * * * * * 

(c) TRANSFER OF FUNDS.— 

(1) * * * 

(2) FISCAL YEAR 2003 AND øFISCAL YEARS THEREAFTER¿ FISCAL YEAR 2004.—On October 1, 2002, øand 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). 

(3) FISCAL YEAR 2005 AND THEREAFTER.—On October 1, 2004, 

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 from the funds apportioned to the 

State on that date under each of paragraphs (1), (3), and (4) of 

section 104(b) an amount equal to 3 percent of the funds apportioned to the State under such paragraphs for fiscal year 2003 

to be used or directed as described in subparagraph (A) or (B) 

of paragraph (1). 

519 

ø(3)¿ (4) USE FOR HAZARD ELIMINATION PROGRAM.—A State 

may elect to use all or a portion of the funds transferred under 

øparagraph (1) or (2)¿ paragraph (1), (2), or (3) for activities 

eligible under section 152. 

ø(4)¿ (5) FEDERAL SHARE.—The Federal share of the cost of 

a project carried out with funds transferred under øparagraph 

(1) or (2)¿ paragraph (1), (2), or (3), or used under øparagraph 

(3)¿ paragraph (4), shall be 100 percent. 

ø(5)¿ (6) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The 

amount to be transferred under øparagraph (1) or (2)¿ paragraph (1), (2), or (3) may be derived from one or more of the 

following: 

(A) * * * 

ø(6)¿ (7) TRANSFER OF OBLIGATION AUTHORITY.— 

(A) * * * 

(B) AMOUNT.—øThe¿ For fiscal year 2005 and each fiscal 

year thereafter, the amount of obligation authority referred 

to in subparagraph (A) shall be determined by multiplying— 

(i) * * * 

(ii) the ratio that— 

(I) the amount of obligation authority distributed for øthe fiscal year¿ fiscal year 2003 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 safety construction programs (excluding sums not subject to any obligation limitation) for øthe fiscal 

year¿ fiscal year 2003. 

ø(7)¿ (8) 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. 

* * * * * * * 

§ 157. Safety incentive grants for use of seat belts 

(a) * * * 

* * * * * * * 

(g) FUNDING.— 

(1) IN GENERAL.—There is authorized to be appropriated 

from the Highway Trust Fund (other than the Mass Transit 

Account) to carry out this section $82,000,000 for fiscal year 

1999, $92,000,000 for fiscal year 2000, $102,000,000 for fiscal 

year 2001, $112,000,000 for fiscal year 2002, $112,000,000 for 

fiscal year 2003, $112,000,000 øfor fiscal year 2004, and 

$74,666,667 for the period of October 1, 2004, through May 31, 

2005¿ and for each of fiscal years 2003, 2004, and 2005. 

* * * * * * * 

520 

§ 163. Safety incentives to prevent operation of motor vehicles by intoxicated persons 

(a) * * * 

* * * * * * * 

(e) PENALTY.— (1) IN GENERAL.—On October 1, 2003, and October 1 of each 

fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold from amounts apportioned to the State on that date under 

each of paragraphs (1), (3), and (4) of section 104(b) an amount 

equal to the amount specified in paragraph (2). 

(2) AMOUNT TO BE WITHHELD.—If a State is subject to a penalty under paragraph (1), the Secretary shall withhold for a fiscal year from the apportionments of the State described in paragraph (1) an amount equal to a percentage of the funds apportioned to the State under paragraphs (1), (3), and (4) of section 

104(b) for fiscal year 2003. The percentage shall be as follows: 

(A) For fiscal year 2004, 2 percent. 

(B) For fiscal year 2005, 4 percent. 

(C) For fiscal year 2006, 6 percent. 

(D) For fiscal year 2007, and each fiscal year thereafter, 

8 percent. 

(3) FAILURE TO COMPLY.—If, within 4 years from the date 

that an apportionment for a State is withheld in accordance 

with this subsection, the Secretary determines that the State 

has enacted and is enforcing a law described in subsection (a), 

the apportionment of the State shall be increased by an amount 

equal to the amount withheld. If, at the end of such 4-year period, any State has not enacted or is not enforcing a law described in subsection (a) any amounts so withheld from such 

State shall lapse. 

ø(e)¿ (f) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There are authorized to be appropriated 

out of the Highway Trust Fund (other than the Mass Transit 

Account) to carry out this section $55,000,000 for fiscal year 

1998, $65,000,000 for fiscal year 1999, $80,000,000 for fiscal 

year 2000, $90,000,000 for fiscal year 2001, $100,000,000 for 

fiscal year 2002, $110,000,000 for fiscal year 2003, 

$110,000,000 øfor fiscal year 2004, and $73,333,333 for the period of October 1, 2004, through May 31, 2005¿ and for each 

of fiscal years 2004 and 2005. 

* * * * * * * 

§ 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) * * * 

* * * * * * * 

(4) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ ømeans 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¿ does not include a 

commercial vehicle. 

521 

(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— 

ø(A) receive a driver’s license suspension for not less 

than 1 year;¿ 

(A) receive (i) a driver’s license suspension for not less 

than 1 year, or (ii) a combination of suspension of all driving privileges of an individual for the first 45 days of the 

suspension period followed by a reinstatement of limited 

driving privileges for the propose of getting to and from 

work, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual; 

* * * * * * * 

(b) TRANSFER OF FUNDS.— (1) * * * 

(2) FISCAL YEAR 2003 øAND FISCAL YEARS THEREAFTER¿ FIS- CAL YEAR 2004.—On October 1, 2002, øand 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) FISCAL YEAR 2005 AND THEREAFTER.—On October 1, 2004, 

and each October 1 thereafter, if a State has not enacted or is 

not enforcing a repeat intoxicated driver law, the Secretary 

shall transfer from the funds apportioned to the State on that 

date under each of paragraphs (1), (3), and (4) of section 104(b) 

an amount equal to 3 percent of the funds apportioned to the 

State under such paragraphs for fiscal year 2003 to be used or 

directed as described in subparagraph (A) or (B) of paragraph 

(1). 

ø(3)¿ (4) USE FOR HAZARD ELIMINATION PROGRAM.—A State 

may elect to use all or a portion of the funds transferred under 

øparagraph (1) or (2)¿ paragraph (1), (2), or (3) for activities 

eligible under section 152. 

ø(4)¿ (5) FEDERAL SHARE.—The Federal share of the cost of 

a project carried out with funds transferred under øparagraph 

(1) or (2)¿ paragraph (1), (2), or (3), or used under øparagraph 

(3)¿ paragraph (4), shall be 100 percent. 

ø(5)¿ (6) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The 

amount to be transferred under øparagraph (1) or (2)¿ paragraph (1), (2), or (3) 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). 

522 

ø(6)¿ (7) TRANSFER OF OBLIGATION AUTHORITY.— 

(A) * * * 

(B) AMOUNT.—øThe¿ For fiscal year 2005 and each fiscal 

year thereafter, the amount of obligation authority referred 

to in subparagraph (A) shall be determined by multiplying— 

(i) * * * 

(ii) the ratio that— 

(I) the amount of obligation authority distributed for øthe fiscal year¿ fiscal year 2003 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 safety construction programs (excluding sums not subject to any obligation limitation) for øthe fiscal 

year¿ fiscal year 2003. 

ø(7)¿ (8) 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. Construction of ferry boats and ferry terminal facilities 

(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). 

(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. 

(c) AVAILABILITY OF AMOUNTS.—Amounts made available to carry 

out this section shall remain available until expended. 

(d) SET-ASIDE FOR PROJECTS ON NHS.— 

(1) IN GENERAL.—$20,000,000 of the amount made available 

to carry out this section for each of fiscal years 2004 through 

2009 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. 

(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. 

(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. 

(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. 

(e) APPLICABILITY.—All provisions of this chapter 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. 

523 

§ 166. Transportation systems management and operations 

(a) AUTHORITY.—The Secretary may— 

(1) encourage transportation system managers, operators, 

public safety officials, and transportation planners within an 

urbanized area, who are actively engaged in and responsible for 

conducting activities relating to day-to-day management, operations, public safety, and planning of transportation facilities 

and services, to collaborate and coordinate on a regional level 

in a continuous and sustained manner for improved transportation systems management and operations, including, at a 

minimum— 

(A) developing a regional concept of operations that defines a regional strategy shared by all transportation and 

public safety participants for how the region’s systems 

should be managed, operated, and measured; 

(B) sharing of information among operators, service providers, public safety officials, and the general public; and 

(C) guiding, in a regionally-coordinated manner, the implementation of regional transportation system management and operations initiatives, including emergency evacuation and response, traffic incident management, technology deployment, and traveler information systems delivery, in a manner consistent with and integrated into the 

ongoing metropolitan and statewide transportation planning processes and regional intelligent transportation system architecture, if required; and 

(2) encourage States to establish a system of basic real-time 

monitoring capability for the surface transportation system and 

provide the capability and means to share that data among 

agencies (including highway, transit, and public safety agencies), jurisdictions (including States, cities, counties, and areas 

represented by metropolitan planning organizations), privatesector entities, and the traveling public. 

(b) EXECUTION.—To support the successful execution of transportation systems management and operations activities, the Secretary 

may undertake the following activities: 

(1) Assist and cooperate with other Federal departments and 

agencies, State and local governments, metropolitan planning 

organizations, private industry representatives, and other interested parties to improve regional collaboration and real-time information sharing between transportation system managers and 

operators, public safety officials, emergency managers, and the 

general public to increase the security, safety, and reliability of 

Federal-aid highways. 

(2) Issue, if necessary, new guidance or regulations for the 

procurement of transportation system management and operations facilities, equipment, and services, including equipment 

procured in preparation for natural disasters and emergencies, 

system hardware, software, and software integration services. 

§ 167. State assumption of responsibilities for certain programs and projects 

(a) ASSUMPTION OF SECRETARY’S RESPONSIBILITIES UNDER APPLICABLE FEDERAL LAWS.— 

(1) PILOT PROGRAM.— 

524 

(A) ESTABLISHMENT.—The Secretary may establish a 

pilot program under which States may assume the responsibilities of the Secretary under any Federal laws subject to 

the requirements of this section. 

(B) FIRST 3 FISCAL YEARS.—In the first 3 fiscal years following the date of enactment of this section, the Secretary 

may allow up to 5 States to participate in the pilot program. 

(2) SCOPE OF PROGRAM.—Under the pilot program, the Secretary may assign, and a State may assume, any of the Secretary’s responsibilities (other than responsibilities relating to 

federally recognized Indian tribes) for environmental reviews, 

consultation, or decisionmaking or other actions required under 

any Federal law as such requirements apply to the following 

projects: 

(A) Projects funded under section 104(h). 

(B) Transportation enhancement activities under section 

133, as such term is defined in section 101(a)(35). 

(C) Projects as defined in section 101(a)(39) and section 

5607 of the Transportation Equity Act: A Legacy for Users. 

(3) LIMITATIONS.— 

(A) PROCEDURAL AND SUBSTANTIVE REQUIREMENTS.—A 

State that assumes the responsibilities of the Secretary 

under this section shall be subject to the same procedural 

and substantive requirements as would apply if the responsibilities were carried out by the Secretary. When a State 

assumes responsibilities for carrying out a Federal law 

under this section, the State assents to Federal jurisdiction 

and shall be solely responsible and solely liable for complying with and carrying out that law instead of the Secretary. 

(B) ASSUMPTION OF RESPONSIBILITIES.—Any responsibility of the Secretary not assumed by the State in a memorandum of understanding shall remain a responsibility of 

the Secretary. 

(C) POWERS OF OTHER AGENCIES.—Nothing in this section preempts or limits any power, jurisdiction, responsibility, or authority of an agency, other than the Department 

of Transportation, with respect to a project. 

(b) AGREEMENTS.— 

(1) IN GENERAL.—The Secretary shall enter into a memorandum of understanding with a State participating in the 

pilot program setting forth the responsibilities to be assigned 

under subsection (a)(2) and the terms and conditions under 

which the assignment is being made. 

(2) CERTIFICATION.—Before the Secretary enters into a memorandum of understanding with a State under paragraph (1), 

the State shall certify that the State has in effect laws (including regulations) applicable to projects carried out and funded 

under this title and chapter 53 of title 49 that authorize the 

State to carry out the responsibilities being assumed. 

(3) MAXIMUM DURATION.—A memorandum of understanding 

with a State under this section shall be established for an initial period of no more than 3 years and may be renewed by muVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00526 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
525 

tual agreement on a periodic basis for periods of not more than 

3 years. 

(4) COMPLIANCE.— 

(A) IN GENERAL.—After entering into a memorandum of 

understanding under paragraph (1), the Secretary shall review and determine compliance by the State with the 

memorandum of understanding. 

(B) RENEWALS.—The Secretary shall take into account 

the performance of a State under the pilot program when 

considering renewal of a memorandum of understanding 

with the State under the program. 

(5) ACCEPTANCE OF FEDERAL COURTS JURISDICTION.—A 

memorandum of understanding with a State under this section 

shall include a provision under which the State consents to accept the jurisdiction of the Federal courts for the compliance, 

discharge, and enforcement of any responsibility of the Secretary that the State may assume under the memorandum. 

(6) TERMINATION OF AGREEMENTS.—A memorandum of understanding with a State under this section shall include a provision authorizing the Secretary to terminate the agreement if 

the Secretary, after providing an opportunity for a hearing, 

issues a finding that the State is not in compliance with the 

terms of the agreement. 

(c) SELECTION OF STATES FOR PILOT PROGRAM.— 

(1) APPLICATION.—To be eligible to participate in the pilot 

program, a State shall submit to the Secretary an application 

that contains such information as the Secretary may require. At 

a minimum, an application shall include— 

(A) a description of the projects or classes of projects for 

which the State seeks to assume responsibilities under subsection (a)(2); and 

(B) a certification that the State has the capability to assume such responsibilities. 

(2) PUBLIC NOTICE.—Before entering into a memorandum of 

understanding allowing a State to participate in the pilot program, the Secretary shall— 

(A) publish notice in the Federal Register of the Secretary’s intent to allow the State to participate in the program, including a copy of the State’s application to the Secretary and the terms of the proposed agreement with the 

State; and 

(B) provide an opportunity for public comment. 

(3) SELECTION CRITERIA.—The Secretary may approve the application of a State to assume responsibilities under the program only if— 

(A) the requirements under paragraph (2) have been met; 

and 

(B) the Secretary determines that the State has the capability to assume the responsibilities. 

(4) OTHER FEDERAL AGENCY VIEWS.—Before assigning to a 

State a responsibility of the Secretary that requires the Secretary to consult with another Federal agency, the Secretary 

shall solicit the views of the Federal agency. 

526 

(d) STATE DEFINED.—With respect to the recreational trails program, the term ‘‘State’’ means the State agency designated by the 

Governor of the State in accordance with section 206(c)(1). 

(e) PRESERVATION OF PUBLIC INTEREST CONSIDERATION.—Nothing in this section shall be construed to limit the requirements 

under any applicable law providing for the consideration and preservation of the public interest, including public participation and 

community values in transportation decisionmaking. 

(f) STATE SUBJECT TO FEDERAL LAWS.—For purposes of assuming 

responsibilities of the Secretary under this section, a State agency 

entering into a memorandum of understanding under subsection (b) 

is deemed to be a Federal agency to the extent the State is carrying 

out the Secretary’s responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), this title, and 

any other provision of Federal law. 

§ 168. HOV facilities 

(a) IN GENERAL.— (1) AUTHORITY OF STATE AGENCIES.—A State agency that has 

jurisdiction over the operation of a HOV facility shall establish 

the occupancy requirements of vehicles operating on the facility. 

(2) OCCUPANCY REQUIREMENT.—Except as otherwise provided 

by this section, no fewer than 2 occupants per vehicle may be 

required for use of a HOV facility. 

(b) EXCEPTIONS.—Notwithstanding the occupancy requirements of 

subsection (a)(2), the following exceptions shall apply with respect 

to a State agency operating a HOV facility: 

(1) MOTORCYCLES AND BICYCLES.— (A) IN GENERAL.—Subject to subparagraph (B), the State 

agency shall allow motorcycles and bicycles to use the HOV 

facility. 

(B) SAFETY EXCEPTION.—A State agency may restrict use 

of the HOV facility by motorcycles or bicycles (or both) if 

the agency certifies to the Secretary that such use would 

create a safety hazard and the Secretary accepts the certification. The Secretary may accept a certification under this 

subparagraph only after the Secretary publishes notice of 

the certification in the Federal Register and provides an opportunity for public comment. 

(2) PUBLIC TRANSPORTATION VEHICLES.—The State agency 

may allow public transportation vehicles to use the HOV facility if the agency— 

(A) establishes requirements for clearly identifying the vehicles; and 

(B) establishes procedures for enforcing the restrictions 

on the use of the facility by such vehicles. 

(3) HIGH OCCUPANCY TOLL VEHICLES.—The State agency may 

allow vehicles not otherwise exempt pursuant to this subsection 

to use the HOV facility if the operators of such vehicles pay a 

toll charged by the agency for use of the facility and the agency— 

(A) establishes a program that addresses how motorists 

can enroll and participate in the toll program; 

(B) develops, manages, and maintains a system that will 

automatically collect the toll; and 

527 

(C) establishes policies and procedures to— 

(i) manage the demand to use the facility by varying 

the toll amount that is charged; 

(ii) enforce violations of use of the facility; and 

(iii) permit low-income individuals to pay reduced 

tolls. 

(4) LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.— 

(A) INHERENTLY LOW-EMISSION VEHICLE.—Before September 30, 2009, the State agency may allow vehicles that 

are certified as inherently low-emission vehicles pursuant to 

section 88.311–93 of title 40, Code of Federal Regulations, 

and are labeled in accordance with section 88.312–93 of 

such title, to use the HOV facility if the agency establishes 

procedures for enforcing the restrictions on the use of the 

facility by such vehicles. 

(B) OTHER LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.—Before September 30, 2009, the State agency may 

allow vehicles certified as low emission and energy-efficient 

vehicles under subsection (e), and labeled in accordance 

with subsection (e), to use the HOV facility if the operators 

of such vehicles pay a toll charged by the agency for use of 

the facility and the agency— 

(i) establishes a program that addresses the selection 

of vehicles under this paragraph; and 

(ii) establishes procedures for enforcing the restrictions on the use of the facility by such vehicles. 

(C) AMOUNT OF TOLLS.—Under subparagraph (B), a 

State agency may charge no toll or a toll that is less than 

tolls charged under paragraph (3). 

(c) REQUIREMENTS APPLICABLE TO TOLLS.— 

(1) IN GENERAL.—Tolls may be charged under subsections 

(b)(3) and (b)(4) notwithstanding section 301 and, except as provided in paragraphs (2) and (3), subject to the requirements of 

section 129. 

(2) HOV FACILITIES ON THE INTERSTATE SYSTEM.—Notwithstanding section 129, tolls may be charged under subsections 

(b)(3) and (b)(4) on a HOV facility on the Interstate System. 

(3) EXCESS TOLL REVENUES.—If a State agency makes a certification under the last sentence of section 129(a)(3) with respect to toll revenues collected under subsections (b)(3) and 

(b)(4), the State, in the use of tolls revenues under that sentence, 

shall give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. 

(d) HOV FACILITY MANAGEMENT, OPERATION, MONITORING, AND

ENFORCEMENT.— 

(1) IN GENERAL.—A State agency that allows vehicles to use 

a HOV facility under subsection (b)(3) or (b)(4) in a fiscal year 

shall certify to the Secretary that the agency will carry out the 

following responsibilities with respect to the facility in the fiscal 

year: 

(A) Establishing, managing, and supporting a performance monitoring, evaluation, and reporting program for the 

facility that provides for continuous monitoring, assessVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00529 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
528 

ment, and reporting on the impacts that such vehicles may 

have on the operation of the facility and adjacent highways. 

(B) Establishing, managing, and supporting an enforcement program that ensures that the facility is being operated in accordance with the requirements of this section. 

(C) Limiting or discontinuing the use of the facility by 

such vehicles if the presence of such vehicles has degraded 

the operation of the facility. 

(2) DEGRADED FACILITY.— (A) IN GENERAL.—For purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded 

if vehicles operating on the facility are failing to maintain 

a minimum average operating speed 90 percent of the time 

over a consecutive 6-month period during morning or 

evening weekday peak hour periods (or both). 

(B) MINIMUM AVERAGE OPERATING SPEED DEFINED.—In 

subparagraph (A), the term ‘‘minimum average operating 

speed’’ means— 

(i) 45 miles per hour, in the case of a HOV facility 

with a speed limit of 50 miles per hour or greater; and 

(ii) not more than 10 miles per hour below the speed 

limit, in the case of a HOV facility with a speed limit 

of less than 50 miles per hour. 

(e) CERTIFICATION OF LOW EMISSION AND ENERGY-EFFICIENT VE- HICLES.—Not later than 6 months after the date of enactment of this 

section, the Administrator of the Environmental Protection Agency 

shall issue a final rule establishing requirements for certification of 

vehicles as low emission and energy-efficient vehicles for purposes of 

this section and requirements for the labeling of such vehicles. 

(f) DEFINITIONS.—In this section, the following definitions apply: 

(1) ALTERNATIVE FUEL VEHICLE.—The term ‘‘alternative fuel 

vehicle’’ means a vehicle that operates on— 

(A) methanol, denatured ethanol, or other alcohols; 

(B) a mixture containing at least 85 percent of methanol, 

denatured ethanol, and other alcohols by volume with gasoline or other fuels; 

(C) natural gas; 

(D) liquefied petroleum gas; 

(E) hydrogen; 

(F) coal derived liquid fuels; 

(G) fuels (except alcohol) derived from biological materials; 

(H) electricity (including electricity from solar energy); or 

(I) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would 

yield substantial energy security and environmental benefits. 

(2) HOV FACILITY.—The term ‘‘HOV facility’’ means a high 

occupancy vehicle facility. 

(3) LOW EMISSION AND ENERGY EFFICIENT VEHICLE.—The 

term ‘‘low emission and energy-efficient vehicle’’ means a vehicle 

that— 

(A) has been certified by the Administrator of the Environmental Protection Agency as meeting the Tier II emission level established in regulations prescribed by the AdVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00530 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
529 

ministrator under section 202(i) of the Clean Air Act (42 

U.S.C. 7521(i)) for that make and model year vehicle; and 

(B)(i) has been certified by the Administrator to have a 

45-mile-per-gallon or greater fuel economy highway rating; 

or 

(ii) is an alternative fuel vehicle. 

(4) PUBLIC TRANSPORTATION VEHICLE.—The term ‘‘public 

transportation vehicle’’ means a vehicle that provides public 

transportation (as defined in section 5302(a) of title 49). 

(5) STATE AGENCY.—The term ‘‘State agency’’, as used with respect to a HOV facility, means an agency of a State or local 

government having jurisdiction over the operation of the facility 

and includes a State transportation department. 

* * * * * * * 

øSUBCHAPTER II—INFRASTRUCTURE FINANCE¿ 

* * * * * * * 

CHAPTER 2—OTHER HIGHWAYS 

* * * * * * * 

§ 202. Allocations 

(a) * * * 

* * * * * * * 

(d) INDIAN RESERVATION ROADS.— (1) * * * 

(2) FISCAL YEAR 2000 AND THEREAFTER.— (A) IN GENERAL.—All funds authorized to be appropriated for Indian reservation roads shall be allocated 

among Indian tribes for fiscal year 2000 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; except that, beginning October 1, 2004, the Secretary 

may use up to 3 percent of such funds for making grants 

to Indian tribes for the purpose of financing transportation 

debt for individual Indian reservation roads subject to all 

requirements governing Federal assistance for Indian roads 

under this section and section 204. 

* * * * * * * 

(E) ALASKA NATIVE ROAD INVENTORY.— 

(i) IN GENERAL.—For fiscal year 2005 and each fiscal 

year thereafter, any allocation of sums authorized to be 

appropriated for Indian reservation roads in Alaska 

shall be based on an inventory of roads within the exterior boundaries of village corporation land selected 

pursuant to the Alaska Native Claims Settlement Act 

(43 U.S.C. 1601 et seq.) that includes all routes previously included in such an inventory. The Secretary of 

Transportation and the Secretary of the Interior may 

include, in the inventory of roads, those proposed for 

inclusion by tribal village governments from among 

community streets within the village and those proVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00531 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
530 

posed primary access routes for inclusion by tribal village governments, including roads and trails between 

villages (including links over water), roads and trails 

to landfills, roads and trails to drinking water sources, 

roads and trails to natural resources identified for economic development, and roads and trails that provide 

access to intermodal termini, such as airports, harbors, 

or boat landings. 

(ii) LIMITATION ON PRIMARY ACCESS ROUTES.—For 

purposes of this subparagraph, a proposed primary access route is the shortest practicable route connecting 2 

points of the proposed route. 

ø(3) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.— 

ø(A) IN GENERAL.—Notwithstanding any other provision 

of law or any interagency agreement, program guideline, 

manual, or policy directive, all funds made available under 

this title 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. 

ø(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.¿ 

(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 to an 

Indian tribal government under this title for a highway, 

road, bridge, parkway, or transit facility project that is located on an Indian reservation or provides access to the reservation or a community of the Indian tribe shall be made 

available, on the request of the Indian tribal government, 

to the Indian tribal government for use in carrying out, in 

accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), contracts and 

agreements for the planning, research, engineering, and 

construction relating to such project. 

(B) EXCLUSION OF AGENCY PARTICIPATION.—In accordance with subparagraph (A), all funds for a project to 

which subparagraph (A) applies shall be paid to the Indian 

tribal government without regard to the organizational 

531 

level at which the Department of the Interior has previously 

carried out, or the Department of Transportation has previously carried out under the Federal lands highway programs, the programs, functions, services, or activities involved. 

(C) CONSORTIA.—Two or more Indian tribes that are otherwise eligible to participate in a project to which this title 

applies may form a consortium to be considered as a single 

Indian tribe for the purpose of participating in the project 

under this section. 

(D) FUNDING.—The amount an Indian tribal government 

receives for a project under subparagraph (A) shall equal 

the sum of the funding that the Indian tribal government 

would otherwise receive for the project in accordance with 

the funding formula established under this subsection and 

such additional amount as the Secretary determines equal 

the amounts that would have been withheld for the costs of 

the Bureau of Indian Affairs for administration of the 

project. 

(E) ELIGIBILITY.—An Indian tribal government may receive funding under subparagraph (A) for a project in a fiscal year if the Indian tribal government demonstrates to 

the satisfaction of the Secretary financial stability and financial management capability as demonstrated in the annual auditing required under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 

and, during the preceding fiscal year, 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. 

(F) ASSUMPTION OF FUNCTIONS AND DUTIES.—An Indian 

tribal government receiving funding under subparagraph 

(A) for a project shall assume all functions and duties that 

the Secretary of the Interior would have performed with respect to projects under this chapter, other than those functions and duties that inherently cannot be legally transferred under the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450b et seq.). 

(G) POWERS.—An Indian tribal government receiving 

funding under subparagraph (A) for a project shall have 

all powers that the Secretary of the Interior would have exercised in administering the funds transferred to the Indian tribal government for such project under this section 

if such funds had not been transferred, except to the extent 

that such powers are powers that inherently cannot be legally transferred under the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b et seq.). 

(H) DISPUTE RESOLUTION.—In the event of a disagreement between the Secretary of Transportation or the Secretary of the Interior and an Indian tribe over whether a 

particular function, duty, or power may be lawfully transferred under the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450b et seq.), the Indian tribe 

shall have the right to pursue all alternative dispute resoluVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00533 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
532 

tions and appeal procedures authorized by such Act, including regulations issued to carry out such Act. 

* * * * * * * 

§ 204. Federal Lands Highways Program 

(a) * * * 

* * * * * * * 

(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) * * * 

(B) maintenance and improvements of eligible projects 

described in paragraphs (2), (5), and (6) of subsection (h) 

that are located in or adjacent to wildlife refuges; øand¿ 

(C) construction, maintenance, and improvement of wildlife observation infrastructure; and 

ø(C)¿ (D) administrative costs associated with such 

ømaintenance and improvements¿ construction, maintenance, and improvements. 

* * * * * * * 

§ 206. Recreational trails program 

(a) * * * 

* * * * * * * 

(d) USE OF APPORTIONED FUNDS.— (1) * * * 

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 EnviVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00534 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
533 

ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act of 1976 (43 

U.S.C. 1701 et seq.); 

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 existing recreational 

trails; 

(B) development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails; 

(C) purchase and lease of recreational trail construction 

and maintenance equipment; 

(D) construction of new recreational trails, except that, in 

the case of new recreational trails crossing Federal lands, 

construction of the trails shall be— 

(i) permissible under other law; 

(ii) necessary and recommended by a statewide comprehensive outdoor recreation plan that is required by 

the Land and Water Conservation Fund Act of 1965 

(16 U.S.C. 460l–4 et seq.) and that is in effect; 

(iii) approved by the administering agency of the 

State designated under subsection (c)(1); and 

(iv) approved by each Federal agency having jurisdiction over the affected lands under such terms and 

conditions as the head of the Federal agency determines to be appropriate, except that the approval shall 

be contingent on compliance by the Federal agency 

with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act of 1976 (43 

U.S.C. 1701 et seq.); 

(E) acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors; 

(F) assessment of trail conditions for accessibility and 

maintenance; 

(G) 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 exVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00535 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
534 

ceed 5 percent of the apportionment made to the State for 

the fiscal year; and 

(H) payment of costs to the State incurred in administering the program, but in an amount not to exceed 7 percent of the apportionment made to the State for the fiscal 

year to carry out this section. 

(3) USE OF APPORTIONMENTS.— (A) * * * 

* * * * * * * 

ø(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).¿ 

ø(D)¿ (C) STATE ADMINISTRATIVE COSTS.—State administrative costs eligible for funding under paragraph ø(2)(F)¿ 

(2)(H) shall be exempt from the requirements of subparagraph (A). 

* * * * * * * 

(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(b). (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(b) 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. 

* * * * * * * 

(4) USE OF RECREATIONAL TRAILS PROGRAM FUNDS TO MATCH

OTHER FEDERAL PROGRAM FUNDS.—Notwithstanding any other 

provision of law, funds made available under this section may 

be used toward the non-Federal matching share for other Federal program funds that are— 

(A) expended in accordance with the requirements of the 

Federal program relating to activities funded and populations served; and 

(B) expended on a project that is eligible for assistance 

under this section. 

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 

535 

program (excluding projects funded under paragraph (2) or (3)) 

using funds apportioned to the State for the fiscal year does 

not exceed ø80 percent¿ the Federal share as determined in accordance with section 120(b). 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) * * * 

* * * * * * * 

(C) PLANNING AND ENVIRONMENTAL ASSESSMENT COSTS

INCURRED PRIOR TO PROJECT APPROVAL.—The Secretary 

may allow pre-approval planning and environmental compliance costs to be credited toward the non-Federal share of 

the cost of a project described under subsection (d)(2) (other 

than subparagraph (I)) in accordance with subsection (f), 

limited to costs incurred less than 18 months prior to 

project approval. 

* * * * * * * 

CHAPTER 4—HIGHWAY SAFETY 

Sec. 

401. Authority of the Secretary 

* * * * * * * 

412. State traffic safety information system improvements. 

* * * * * * * 

§ 402. Highway safety programs 

(a) Each State shall have a highway safety program approved by 

the Secretary, designed to reduce traffic accidents and deaths, injuries, and property damage resulting therefrom. Such programs 

shall be in accordance with uniform guidelines promulgated by the 

Secretary. Such uniform guidelines shall be expressed in terms of 

performance criteria. In addition, such uniform guidelines shall include programs (1) to reduce injuries and deaths resulting from 

motor vehicles being driven in excess of posted speed limits, (2) to 

encourage the proper use of occupant protection devices (including 

the use of safety belts and child restraint systems) by occupants of 

motor vehicles and to increase public awareness of the benefit of 

motor vehicles equipped with airbags, (3) to reduce deaths and injuries resulting from persons driving motor vehicles while impaired 

by alcohol or a controlled substance, (4) to prevent accidents and 

reduce deaths and injuries resulting from accidents involving motor 

vehicles and motorcycles, (5) to reduce injuries and deaths resulting from accidents involving school buses, øand¿ (6) to improve law 

enforcement services in motor vehicle accident prevention, traffic 

supervision, and post-accident procedures. The Secretary shall establish a highway safety program for the collection and reporting 

of data on traffic-related deaths and injuries by the States. Under 

such program, the States shall collect and report such data as the 

536 

Secretary may require. The purposes of the program are to ensure 

national uniform data on such deaths and injuries and to allow the 

Secretary to make determinations for use in developing programs 

to reduce such deaths and injuries and making recommendations 

to Congress concerning legislation necessary to implement such 

programs. The program shall provide for annual reports to the Secretary on the efforts being made by the States in reducing deaths 

and injuries occurring at highway construction sites and the effectiveness and results of such efforts. The Secretary shall establish 

minimum reporting criteria for the program. Such criteria shall include, but not be limited to, criteria on deaths and injuries resulting from police pursuits, school bus accidents, and speeding, on 

traffic-related deaths and injuries at highway construction sites 

and on the configuration of commercial motor vehicles involved in 

motor vehicle accidents. Such uniform guidelines shall be promulgated by the Secretary so as to improve driver performance (including, but not limited to, driver education, driver testing to determine 

proficiency to operate motor vehicles, driver examinations (both 

physical and mental) and driver licensing) and to improve pedestrian performance and bicycle safety. In addition such uniform 

guidelines shall include, but not be limited to, provisions for an effective record system of accidents (including injuries and deaths resulting therefrom), accident investigations to determine the probable causes of accidents, injuries, and deaths, vehicle registration, 

operation, and inspection, highway design and maintenance (including lighting, markings, and surface treatment), traffic control, 

vehicle codes and laws, surveillance of traffic for detection and correction of high or potentially high accident locations, enforcement 

of light transmission standards of window glazing for passenger 

motor vehicles and light trucks as necessary to improve highway 

safety, and emergency services. Such guidelines as are applicable 

to State highway safety programs shall, to the extent determined 

appropriate by the Secretary, be applicable to federally administered areas where a Federal department or agency controls the 

highways or supervises traffic operations; and (7) to reduce deaths 

and injuries resulting from persons driving motor vehicles while fatigued. 

* * * * * * * 

§ 405. Occupant protection incentive grants 

(a) GENERAL AUTHORITY.— (1) * * * 

(2) MAINTENANCE OF EFFORT.—No grant may be made to a 

State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary 

may require to ensure that the State will maintain its aggregate expenditures from all other sources for programs described in paragraph (1) at or above the average level of such 

expenditures in its 2 fiscal years preceding the date of enactment of the øTransportation Equity Act for the 21st Century¿ 

Transportation Equity Act: A Legacy for Users. 

(3) MAXIMUM PERIOD OF ELIGIBILITY.—No State may receive 

grants under this section in more than 6 fiscal years beginning 

after September 30, ø1997¿ 2003. 

537 

(4) FEDERAL SHARE.—The Federal share of the cost of implementing and enforcing, as appropriate, in a fiscal year a program adopted by a State pursuant to paragraph (1) shall not 

exceed— 

(A) in each of the first and second fiscal years beginning 

after September 30, 2003, in which the State receives a 

grant under this section, 75 percent; 

(B) in each of the third and fourth fiscal years beginning 

after September 30, 2003, in which the State receives a 

grant under this section, 50 percent; and 

(C) in each of the fifth and sixth fiscal years beginning 

after September 30, 2003, in which the State receives a 

grant under this section, 25 percent. 

(b) GRANT ELIGIBILITY.—øA State shall become eligible¿ A State 

shall be eligible for a grant under this section if the State has a seat 

belt usage rate of 85 percent or greater as of the date of the grant, 

as determined by the Secretary. A State shall also become eligible 

for a grant under this section by adopting or demonstrating to the 

satisfaction of the Secretary at least 4 of the following: 

(1) * * * 

* * * * * * * 

(c) GRANT AMOUNTS.—The amount of a grant for which a State 

qualifies under this section for a fiscal year shall equal up to ø25 

percent¿ 100 percent of the amount apportioned to the State for fiscal year ø1997¿ 2003 under section 402. 

* * * * * * * 

(f) DEFINITIONS.—In this section, the following definitions apply: 

(1) * * * 

ø(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical power and manufactured 

primarily for use on public streets, roads, and highways, but 

does not include a vehicle operated only on a rail line.¿ 

ø(3)¿ (2) MULTIPURPOSE PASSENGER VEHICLE.—The term 

‘‘multipurpose passenger vehicle’’ means a motor vehicle with 

motive power (except a trailer), designed to carry not more 

than 10 individuals, that is constructed either on a truck chassis or with special features for occasional off-road operation. 

ø(4)¿ (3) PASSENGER CAR.—The term ‘‘passenger car’’ means 

a motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer) designed to carry not 

more than 10 individuals. 

ø(5)¿ (4) PASSENGER MOTOR VEHICLE.—The term ‘‘passenger 

motor vehicle’’ means a passenger car or a multipurpose passenger motor vehicle. 

ø(6)¿ (5) SAFETY BELT.—The term ‘‘safety belt’’ means— 

(A) * * * 

* * * * * * * 

§ 410. Alcohol-impaired driving countermeasures 

(a) GENERAL AUTHORITY.— 

(1) * * * 

(2) MAINTENANCE OF EFFORT.—No grant may be made to a 

State under this section in any fiscal year unless the State enVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00539 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
538 

ters into such agreements with the Secretary as the Secretary 

may require to ensure that the State will maintain its aggregate expenditures from all other sources for alcohol traffic safety programs at or above the average level of such expenditures 

in its 2 fiscal years preceding the date of enactment of the 

øTransportation Equity Act for the 21st Century¿ Transportation Equity Act: A Legacy for Users. (3) MAXIMUM PERIOD OF ELIGIBILITY.—No State may receive 

grants under this section in more than 8 fiscal years beginning 

after September 30, ø1997¿ 2003. (4) FEDERAL SHARE.—The Federal share of the cost of implementing and enforcing in a fiscal year a program adopted by 

a State pursuant to paragraph (1) shall not exceed— 

(A) in each of the first and second fiscal years beginning 

after September 30, 2003, in which the State receives a 

grant under this section, 75 percent; 

(B) in each of the third and fourth fiscal years beginning 

after September 30, 2003, in which the State receives a 

grant under this section, 50 percent; and 

(C) in each of the fifth, sixth, seventh, and eighth fiscal 

years beginning after September 30, 2003, in which the 

State receives a grant under this section, 25 percent. 

(b) BASIC GRANT ELIGIBILITY.— (1) BASIC GRANT A.—øA State shall become eligible¿ A State 

shall be eligible for a grant under this paragraph if the State 

has an alcohol-related fatality rate per 100,000,000 vehicle 

miles traveled of 0.5 or less as of the date of the grant, as determined by the Secretary using the Fatality Analysis Reporting 

System of the National Highway Traffic Safety Administration. 

A State shall also become eligible for a grant under this paragraph by adopting or demonstrating to the satisfaction of the 

Secretary øat least 5 of the following¿ at least 6 of the following for fiscal year 2005 and fiscal year 2006 and at least 7 

of the following for each fiscal year thereafter: 

(A) ADMINISTRATIVE LICENSE REVOCATION.—An administrative driver’s license suspension or revocation system for 

individuals who operate motor vehicles while under the influence of alcohol that requires that— 

(i) in the case of an individual who, in any 5-year 

period beginning after the date of enactment of the 

Transportation Equity Act for the 21st Century, is determined on the basis of a chemical test to have been 

operating a motor vehicle while under the influence of 

alcohol or is determined to have refused to submit to 

such a test as proposed by a law enforcement officer, 

the State agency responsible for administering drivers’ 

licenses, upon receipt of the report of the law enforcement officer— 

(I) * * * 

(II) shall suspend the driver’s license of such individual for a period of not less than 1 year, or revoke such license, if such individual is a repeat offender in such 5-year period; øand¿ 

(ii) the suspension and revocation referred to under 

clause (i) shall take effect not later than 30 days after 

539 

the day on which the individual refused to submit to 

a chemical test or received notice of having been determined to be driving under the influence of alcohol, in 

accordance with the procedures of the Stateø.¿; 

(iii) the suspension referred to under clause (i)(I) may 

allow an individual to operate a motor vehicle, after 

the 15-day period beginning on the date of the suspension, to and from employment, school, or an alcohol 

treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual; and 

(iv) the suspension and revocation referred to under 

clause (i)(II) may allow an individual to operate a 

motor vehicle, after the 45-day period beginning on the 

date of the suspension or revocation, to and from employment, school, or an alcohol treatment program if 

an ignition interlock device is installed on each of the 

motor vehicles owned or operated, or both, by the individual. 

(B) UNDERAGE DRINKING PROGRAM.—An effective system, 

as determined by the Secretary, for preventing operators of 

motor vehicles under age 21 from obtaining alcoholic beverages and for preventing persons from making alcoholic 

beverages available to individuals under age 21. Such system ømay include the issuance¿ may include— 

(i) the issuance of drivers’ licenses to individuals 

under age 21 that are easily distinguishable in appearance from drivers’ licenses issued to individuals 

age 21 or older and the issuance of drivers’ licenses 

that are tamper resistantø.¿; and 

(ii) a program provided by a nonprofit organization 

for training point of sale personnel concerning, at a 

minimum, the following: 

(I) the clinical effects of alcohol; 

(II) methods of preventing second party sales of 

alcohol; 

(III) recognizing signs of intoxication; 

(IV) methods to prevent underage drinking; 

(V) Federal, State, and local laws that are relevant to such personnel. 

* * * * * * * 

ø(F) YOUNG ADULT DRINKING PROGRAMS.—Programs to 

reduce driving while under the influence of alcohol by individuals age 21 through 34. Such programs may include 

awareness campaigns; traffic safety partnerships with employers, colleges, and the hospitality industry; assessments 

of first-time offenders; and incorporation of treatment into 

judicial sentencing.¿ 

(F) OUTREACH PROGRAM.—A judicial and prosecutorial 

education, training, and outreach program that provides 

information on the appropriateness and effectiveness of sentencing options. 

* * * * * * * 

540 

(H) SELF-SUSTAINING DRUNK DRIVING PREVENTION PRO- GRAM.—A self-sustaining drunk driving prevention program under which a significant portion of the fines or surcharges collected from individuals apprehended and fined 

for operating a motor vehicle while under the influence of 

alcohol are returned to those communities that have comprehensive programs for the prevention of such operations 

of motor vehicles. 

(I) PROGRAMS FOR EFFECTIVE ALCOHOL REHABILITA- TION.—A program for effective inpatient and outpatient alcohol rehabilitation based on mandatory assessment and 

appropriate treatment for repeat offenders described in subparagraph (A)(i)(II). 

(J) PROGRAM FOR THE IMPOUNDMENT OF VEHICLES.—A 

program to impound a vehicle operated by a person who is 

arrested for operating that vehicle while under the influence of alcohol. 

ø(2) BASIC GRANT B.—A State shall become eligible for a 

grant under this paragraph by adopting or demonstrating to 

the satisfaction of the Secretary each of the following: 

ø(A) FATAL IMPAIRED DRIVER PERCENTAGE REDUCTION.— The percentage of fatally injured drivers with 0.10 percent 

or greater blood alcohol concentration in the State has decreased in each of the 3 most recent calendar years for 

which statistics for determining such percentages are 

available. 

ø(B) FATAL IMPAIRED DRIVER PERCENTAGE COMPARI- SON.—The percentage of fatally injured drivers with 0.10 

percent or greater blood alcohol concentration in the State 

has been lower than the average percentage for all States 

in each of the calendar years referred to in subparagraph 

(A).¿ 

(2) BASIC GRANT B.—A State shall become eligible for a grant 

under this paragraph if the State— 

(A) has an alcohol-related fatality rate per 100,000,000 

vehicle miles traveled of 0.8 or more as of the date of the 

grant, as determined by the Secretary using the Fatality 

Analysis Reporting System of the National Highway Traffic 

Safety Administration; and 

(B) establishes, subject to such requirements as the Secretary may prescribe, a task force to evaluate and recommend changes to the State’s drunk driving programs. 

(3) BASIC GRANT AMOUNT.—The amount of a basic grant 

made to a State for a fiscal year under this subsection shall 

equal up to ø25 percent¿ 100 percent of the amount apportioned to the State for fiscal year ø1997¿ 2003 under section 

402. 

ø(c) SUPPLEMENTAL GRANTS.— 

ø(1) IN GENERAL.—Upon receiving an application from a 

State, the Secretary may make supplemental grants to the 

State for meeting 1 or more of the following criteria: 

ø(A) VIDEO EQUIPMENT FOR DETECTION OF DRUNK DRIV- ERS.—The State provides for a program to acquire video 

equipment to be used in detecting persons who operate 

motor vehicles while under the influence of alcohol and in 

541 

prosecuting those persons, and to train personnel in the 

use of that equipment. 

ø(B) SELF-SUSTAINING DRUNK DRIVING PREVENTION PRO- GRAM.—The State provides for a self-sustaining drunk 

driving prevention program under which a significant portion of the fines or surcharges collected from individuals 

apprehended and fined for operating a motor vehicle while 

under the influence of alcohol are returned to those communities which have comprehensive programs for the prevention of such operations of motor vehicles. 

ø(C) REDUCING DRIVING WITH A SUSPENDED LICENSE.— The State enacts and enforces a law to reduce driving with 

a suspended license. Such law, as determined by the Secretary, may require a ‘‘zebra’’ stripe that is clearly visible 

on the license plate of any motor vehicle owned and operated by a driver with a suspended license. 

ø(D) USE OF PASSIVE ALCOHOL SENSORS.—The State provides for a program to acquire passive alcohol sensors to 

be used by police officers in detecting persons who operate 

motor vehicles while under the influence of alcohol, and to 

train police officers in the use of that equipment. 

ø(E) EFFECTIVE DWI TRACKING SYSTEM.—The State demonstrates an effective driving while intoxicated (DWI) 

tracking system. Such a system, as determined by the Secretary, may include data covering arrests, case prosecutions, court dispositions and sanctions, and provide for the 

linkage of such data and traffic records systems to appropriate jurisdictions and offices within the State. 

ø(F) OTHER PROGRAMS.—The State provides for other innovative programs to reduce traffic safety problems resulting from individuals driving while under the influence of 

alcohol or controlled substances, including programs that 

seek to achieve such a reduction through legal, judicial, enforcement, educational, technological, or other approaches. 

ø(2) ELIGIBILITY.—A State shall be eligible to receive a grant 

under this subsection in a fiscal year only if the State is eligible to receive a grant under subsection (b) in such fiscal year. 

ø(3) FUNDING.—Of the amounts made available to carry out 

this section in a fiscal year, not to exceed 10 percent shall be 

available for making grants under this subsection.¿ 

(c) ALLOCATION FOR BASIC GRANTS B.—Not more than 

$20,000,000 per fiscal year of amounts made available to carry out 

this section shall be available for making grants under subsection 

(b)(2). 

* * * * * * * 

§ 412. State traffic safety information system improvements 

(a) GENERAL AUTHORITY.— (1) AUTHORITY TO MAKE GRANTS.—Subject to the requirements of this section, the Secretary shall make grants to States 

that adopt and implement effective programs to— 

(A) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data of 

the State that is needed to identify priorities for national, 

State, and local highway and traffic safety programs; 

542 

(B) evaluate the effectiveness of efforts to make such improvements; 

(C) link these State data systems, including traffic 

records, with other data systems within the State, such as 

systems that contain medical, roadway, and economic data; 

and 

(D) improve the compatibility and interoperability of the 

data systems of the State with national data systems and 

data systems of other States and enhance the ability of the 

Secretary to observe and analyze national trends in crash 

occurrences, rates, outcomes, and circumstances. 

(2) USE OF GRANTS.—A State may use a grant received under 

this section only to implement such programs. 

(3) MODEL DATA ELEMENTS.—The Secretary, in consultation 

with States and other appropriate parties, shall determine the 

model data elements necessary to observe and analyze State 

and national trends in crash occurrences, rates, outcomes, and 

circumstances. In order to become eligible for a grant under this 

section, a State shall certify to the Secretary the State’s adoption and use of such model data elements. 

(4) MAINTENANCE OF EFFORT.—No grant may be made to a 

State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary 

may require ensuring that the State will maintain its aggregate 

expenditures from all other sources for highway safety data programs at or above the average level of such expenditures in the 

2 fiscal years preceding the date of enactment of this section. 

(5) FEDERAL SHARE.—The Federal share of the cost of implementing in a fiscal year a program of a State pursuant to paragraph (1) shall not exceed 80 percent. 

(b) FIRST-YEAR GRANTS.—To be eligible for a first-year grant 

under this section, a State shall demonstrate to the satisfaction of 

the Secretary that the State has— 

(1) established a highway safety data and traffic records coordinating committee with a multidisciplinary membership that 

includes, among others, managers, collectors, and users of traffic records and public health and injury control data systems; 

and 

(2) developed a multiyear highway safety data and traffic 

records system strategic plan that addresses existing deficiencies in the State’s highway safety data and traffic records 

system and is approved by the highway safety data and traffic 

records coordinating committee and— 

(A) specifies how existing deficiencies in the State’s highway safety data and traffic records system were identified; 

(B) prioritizes, based on the identified highway safety 

data and traffic records system deficiencies, the highway 

safety data and traffic records system needs and goals of 

the State, including the activities described in subsection 

(a)(1); 

(C) identifies performance-based measures by which 

progress toward those goals will be determined; 

(D) specifies how the grant funds and any other funds of 

the State will be used to address needs and goals identified 

in the multiyear plan; and 

543 

(E) includes a current report on the progress in implementing the multiyear plan that documents progress toward the specified goals. 

(c) SUCCEEDING-YEAR GRANTS.— (1) ELIGIBILITY.—A State shall be eligible for a grant under 

this section in a fiscal year succeeding the first fiscal year in 

which the State receives a grant under subsection (b) if the 

State, to the satisfaction of the Secretary— 

(A) submits an updated multiyear plan that meets the requirements of subsection (b)(2); 

(B) certifies that its highway safety data and traffic 

records coordinating committee continues to operate and 

supports the multiyear plan; 

(C) specifies how the grant funds and any other funds of 

the State will be used to address needs and goals identified 

in the multiyear plan; 

(D) demonstrates measurable progress toward achieving 

the goals and objectives identified in the multiyear plan; 

and 

(E) includes a current report on the progress in implementing the multiyear plan. 

(d) GRANT AMOUNTS.— (1) IN GENERAL.—The amount of a grant made to a State for 

a fiscal year under this section shall equal an amount determined by multiplying— 

(A) the amount appropriated to carry out this section for 

such fiscal year; by 

(B) the ratio that the funds apportioned to the State 

under section 402 for fiscal year 2003 bears to the funds 

apportioned to all States under section 402 for fiscal year 

2003. 

(2) MINIMUM AMOUNT.—Notwithstanding subparagraph (A)— 

(A) a State eligible for a first-year grant under this sec- tion shall not receive less than $300,000; and 

(B) a State eligible for a succeeding-year grant under this section shall not receive less than $500,000. 

(e) ADMINISTRATIVE EXPENSES.—Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to 

a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section. 

(f) APPLICABILITY OF CHAPTER 1.—The provisions contained in 

section 402(d) shall apply to this section. 

* * * * * * * 

øCHAPTER 5—RESEARCH AND TECHNOLOGY¿ 

CHAPTER 5—RESEARCH, TECHNOLOGY, AND 

EDUCATION 

Sec. 

501. Definitions 

* * * * * * * 

ø507. Surface transportation-environment cooperative research program 

ø508. Surface transportation research strategic planning¿ 

507. Surface transportation environment and planning cooperative research program. 

544 

508. Transportation research and development strategic planning. 

509. National cooperative freight transportation research program. 

510. Future strategic highway research program. 

* * * * * * * 

§ 502. Surface transportation research 

(a) BASIC PRINCIPLES GOVERNING RESEARCH AND TECHNOLOGY

INVESTMENTS.— (1) COVERAGE.—Surface transportation research and technology development shall include all activities leading to technology development and transfer, as well as the introduction of 

new and innovative ideas, practices, and approaches, through 

such mechanisms as field applications, education and training, 

and technical support. 

(2) FEDERAL RESPONSIBILITY.—Funding and conducting surface transportation research and technology transfer activities 

shall be considered a basic responsibility of the Federal Government when the work— 

(A) is of national significance; 

(B) supports research in which there is a clear public 

benefit and private sector investment is less than optimal; 

(C) supports a Federal stewardship role in assuring that 

State and local governments use national resources efficiently; or 

(D) presents the best means to support Federal policy 

goals compared to other policy alternatives. 

(3) ROLE.—Consistent with these Federal responsibilities, the 

Secretary shall— 

(A) conduct research; 

(B) support and facilitate research and technology transfer activities by State highway agencies; 

(C) share results of completed research; and 

(D) support and facilitate technology and innovation deployment. 

(4) PROGRAM CONTENT.—A surface transportation research 

program shall include— 

(A) fundamental, long-term highway research; 

(B) research aimed at significant highway research gaps 

and emerging issues with national implications; and 

(C) research related to policy and planning. 

(5) STAKEHOLDER INPUT.—Federal surface transportation research and development activities shall address the needs of 

stakeholders. Stakeholders include States, metropolitan planning organizations, local governments, the private sector, researchers, research sponsors, and other affected parties, including public interest groups. 

(6) COMPETITION AND PEER REVIEW.—Except as otherwise provided in this Act, the Secretary shall award all grants, contracts, and cooperative agreements for research and development under this Act based on open competition and peer review 

of proposals. 

(7) PERFORMANCE REVIEW AND EVALUATION.—To the maximum extent practicable, all surface transportation research 

and development projects shall include a component of performance measurement and evaluation. Performance measures shall 

545 

be established during the proposal stage of a research and development project and shall, to the maximum extent possible, be 

outcome-based. All evaluations shall be made readily available 

to the public. 

ø(a)¿ (b) GENERAL AUTHORITY.— (1) RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER

ACTIVITIES.—The Secretary may carry out research, development, and technology transfer activities with respect to— 

(A) * * * 

(B) all phases of transportation planning and development (including construction, operation, transportation system management and operations, modernization, development, design, maintenance, safety, financing, and traffic 

conditions); and 

* * * * * * * 

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.¿ 

(3) COOPERATION, GRANTS, AND CONTRACTS.—The Secretary 

may carry out research, development, and technology transfer 

activities related to transportation— 

(A) independently; 

(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or 

(C) by making grants to, or entering into contracts, cooperative agreements, and other transactions with one or 

more of the following: the National Academy of Sciences, 

the American Association of State Highway and Transportation Officials, any Federal laboratory, Federal agency, 

State agency, authority, association, institution, for-profit 

or nonprofit corporation, organization, foreign country, any 

other person. 

* * * * * * * 

(6) POOLED FUNDING.— 

(A) COOPERATION.—To promote effective utilization of 

available resources, the Secretary may cooperate with a 

State and an appropriate agency in funding research, development, and technology transfer activities of mutual interest on a pooled funds basis. 

(B) SECRETARY AS AGENT.—The Secretary may enter into 

contracts, cooperative agreements, grants, and other transactions as agent for all participating parties in carrying out 

such research, development, or technology transfer. 

ø(b)¿ (c) COLLABORATIVE RESEARCH AND DEVELOPMENT.— 

546 

(1) * * * 

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 Stevenson-Wydler 

Technology Innovation Act of 1980 (15 U.S.C. 3710a)).¿ 

(2) COOPERATION, GRANTS, CONTRACTS, AND AGREEMENTS.— Notwithstanding any other provision of law, the Secretary may 

directly initiate contracts, cooperative research and development 

agreements (as defined in section 12 of the Stevenson-Wydler 

Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and 

other transactions to fund, and accept funds from, the Transportation Research Board of the National Research Council of 

the National Academy of Sciences, State departments of transportation, cities, counties, and their agents to conduct joint 

transportation research and technology efforts. 

* * * * * * * 

ø(c)¿ (d) 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: 

(1) * * * 

* * * * * * * 

(5) Dynamic simulation models of surface transportation systems for— 

(A) * * * 

* * * * * * * 

(C) testing the strengths and weaknesses of proposed revisions to surface transportation system management and 

operations programs. 

* * * * * * * 

(12) Investigation and development of various operational 

methodologies to reduce the occurrence and impact of recurrent 

congestion and nonrecurrent congestion and increase transportation system reliability. 

(13) Investigation of processes, procedures, and technologies 

to secure container and hazardous material transport, including the evaluation of regulations and the impact of good security practices on commerce and productivity. 

(14) Research, development, and technology transfer related 

to asset management. 

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, higher-risk 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 agreeVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00548 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
547 

ments 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. 

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 CONTRACTS.— 

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.¿ 

(e) EXPLORATORY ADVANCED RESEARCH.— 

(1) IN GENERAL.—The Secretary shall establish an exploratory 

advanced research program, consistent with the surface transportation research and technology development strategic plan 

developed under section 508 that involves and draws upon 

basic research results to provide a better understanding of problems and develop innovative solutions. In carrying out the program, the Secretary shall strive to develop partnerships with 

public and private sector entities. 

(2) RESEARCH AREAS.—In carrying out the program, the Secretary may make grants and enter into cooperative agreements 

and contracts in such areas of surface transportation research 

and technology as the Secretary determines appropriate, including the following: 

548 

(A) Characterization of materials used in highway infrastructure, including analytical techniques, microstructure 

modeling, and the deterioration processes. 

(B) Assessment of the effects of transportation decisions 

on human health. 

(C) Development of surrogate measures of safety. 

(D) Environmental research. 

(E) Data acquisition techniques for system condition and 

performance monitoring. 

(F) System performance data and information processing 

needed to assess the day-to-day operational performance of 

the system in support of hour-to-hour operational decisionmaking. 

(f) LONG-TERM PAVEMENT PERFORMANCE PROGRAM.— 

(1) AUTHORITY.—The Secretary shall complete the 20-year 

long-term pavement performance program tests initiated under 

the strategic highway research program established under section 307(d) (as in effect on June 8, 1998). 

(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 under subparagraph (A); 

and 

(C) prepare products to fulfill program objectives and 

meet future pavement technology needs. 

ø(f)¿ (g) SEISMIC RESEARCH PROGRAM.— 

(1) * * * 

* * * * * * * 

ø(g)¿ (h) INFRASTRUCTURE INVESTMENT NEEDS REPORT.— 

(1) * * * 

* * * * * * * 

(i) TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.— 

(1) IN GENERAL.—The Secretary shall operate in the Federal 

Highway Administration a Turner-Fairbank Highway Research 

Center. 

(2) USES OF THE CENTER.—The Turner-Fairbank Highway 

Research Center shall support— 

(A) the conduct of highway research and development related to new highway technology; 

(B) the development of understandings, tools, and techniques that provide solutions to complex technical problems 

through the development of economical and environmentally sensitive designs, efficient and quality-controlled 

construction practices, and durable materials; and 

(C) the development of innovative highway products and 

practices. 

(j) LONG-TERM BRIDGE PERFORMANCE PROGRAM.— 

(1) AUTHORITY.—The Secretary shall establish a 20-year longterm bridge performance program. 

549 

(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 test bridges; 

(B) analyze the data obtained under subparagraph (A); 

and 

(C) prepare products to fulfill program objectives and 

meet future bridge technology needs. 

§ 503. Technology deployment 

(a) TECHNOLOGY DEPLOYMENT øINITIATIVES AND PARTNERSHIPS¿ 

PROGRAM.— ø(1) ESTABLISHMENT.—The Secretary shall develop and administer a national technology deployment initiatives and partnerships program.¿ 

(1) ESTABLISHMENT.—The Secretary shall develop and administer a national technology deployment program. 

* * * * * * * 

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; 

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.¿ 

(7) 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, 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 activities concerning innovative materials. 

(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 

an application based on whether the project that is the subVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00551 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
550 

ject of the grant meets the purpose of the program described 

in paragraph (2). 

(8) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall ensure that the information and technology resulting from research conducted under paragraph (7) is made 

available to State and local transportation departments and 

other interested parties as specified by the Secretary. 

* * * * * * * 

(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.¿ 

(1) IN GENERAL.—The Secretary shall establish and carry out 

a program to promote, demonstrate, evaluate, and document the 

application of innovative designs, materials, and construction 

methods in the construction, repair, and rehabilitation of 

bridges and other highway structures. 

(2) GOALS.—The goals of the program shall include— 

(A) the development of new, cost-effective, innovative 

highway bridge applications; 

(B) the development of construction techniques to increase 

safety and reduce construction time and traffic congestion; 

(C) the development of engineering design criteria for innovative products, materials, and structural systems for use 

in highway bridges and structures; 

(D) the reduction of maintenance costs and life-cycle costs 

of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges; 

(E) the development of highway bridges and structures 

that will withstand natural disasters; 

(F) the documentation and wide dissemination of objective evaluations of the performance and benefits of these innovative designs, materials, and construction methods; 

551 

(G) the effective transfer of resulting information and 

technology; and 

(H) the development of improved methods to detect bridge 

scour and economical bridge foundation designs that will 

withstand bridge scour. 

* * * * * * * 

(c) INNOVATIVE PAVEMENT RESEARCH AND DEPLOYMENT PRO- GRAM.— 

(1) IN GENERAL.—The Secretary shall establish and implement a program to promote, demonstrate, support, and document the application of innovative pavement technologies, practices, performance, and benefits. 

(2) GOALS.—The goals of the innovative pavement research 

and deployment program shall include— 

(A) the deployment of new, cost-effective, innovative designs, materials, recycled materials (including taconite 

tailings and foundry sand), and practices to extend pavement life and performance and to improve customer satisfaction; 

(B) the reduction of initial costs and life-cycle costs of 

pavements, including the costs of new construction, replacement, maintenance, and rehabilitation; 

(C) the deployment of accelerated construction techniques 

to increase safety and reduce construction time and traffic 

disruption and congestion; 

(D) the deployment of engineering design criteria and 

specifications for innovative practices, products, and materials for use in highway pavements; 

(E) the deployment of new nondestructive and real-time 

pavement evaluation technologies and techniques; 

(F) the evaluation, refinement, and documentation of the 

performance and benefits of innovative technologies deployed to improve life, performance, cost effectiveness, safety, and customer satisfaction; 

(G) effective technology transfer and information dissemination to accelerate implementation of innovative technologies and to improve life, performance, cost effectiveness, 

safety, and customer satisfaction; and 

(H) the development of designs and materials to reduce 

storm water runoff. 

(3) RESEARCH TO IMPROVE NHS PAVEMENT.—The Secretary shall obligate not less than $2,000,000 for fiscal year 2004 and 

$6,000,000 for each of fiscal years 2005 through 2009 from 

funds made available to carry out this subsection to conduct research to improve asphalt pavement, concrete pavement, and 

aggregates used in highways on the National Highway System. 

(d) SAFETY INNOVATION DEPLOYMENT PROGRAM.— (1) IN GENERAL.—The Secretary shall establish and implement a program to demonstrate the application of innovative 

technologies in highway safety. 

(2) GOALS.—The goals of the program shall include— 

(A) the deployment and evaluation of safety technologies 

and innovations at State and local levels; and 

(B) the deployment of best practices in training, management, design, and planning. 

552 

(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, States, other Federal agencies, universities 

and colleges, private sector entities, and nonprofit organizations for research, development, and technology transfer for 

innovative safety technologies. 

(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 application meets the goals of the program 

described in paragraph (2). 

(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. 

(e) PROMOTIONAL AUTHORITY.—Funds authorized to be appropriated for necessary expenses for administration and operation of 

the Federal Highway Administration shall be available to purchase 

promotional items of nominal value for use in the recruitment of individuals and to promote the programs of the Federal Highway Administration. 

§ 504. Training and education 

(a) NATIONAL HIGHWAY INSTITUTE.— (1) * * * 

* * * * * * * 

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.¿ 

(3) COURSES.—The Institute may develop and administer 

courses in modern developments, techniques, methods, regulations, management, and procedures in areas, including surface 

transportation, environmental mitigation, compliance, stewardship, and streamlining, acquisition of rights-of-way, relocation 

assistance, engineering, safety, transportation system management and operations, construction, maintenance, contract administration, inspection, and highway finance. 

* * * * * * * 

(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.— 

(1) * * * 

* * * * * * * 

(3) FEDERAL SHARE.— 

553 

(A) GRANTS.—A grant under this subsection may be used 

to pay up to 50 percent of local technical assistance program costs. Funds available for technology transfer and 

training purposes under this title and title 49 may be used 

to cover the remaining 50 percent of the program costs. 

(B) TRIBAL TECHNICAL ASSISTANCE CENTERS.—The Federal share of the cost of activities carried out by the tribal 

technical assistance centers under paragraph (2)(D)(ii) 

shall be 100 percent. 

* * * * * * * 

(d) GARRETT A. MORGAN TECHNOLOGY AND TRANSPORTATION

EDUCATION PROGRAM.— 

(1) IN GENERAL.—The Secretary shall establish the Garrett A. 

Morgan Technology and Transportation Education Program to 

improve the preparation of students, particularly women and 

minorities, in science, technology, engineering, and mathematics 

through curriculum development and other activities related to 

transportation. 

(2) AUTHORIZED ACTIVITIES.—The Secretary shall award 

grants under this subsection on the basis of competitive, peer review. Grants awarded under this subsection may be used for 

enhancing science, technology, engineering, and mathematics at 

the elementary and secondary school level through such means 

as— 

(A) internships that offer students experience in the 

transportation field; 

(B) programs that allow students to spend time observing 

scientists and engineers in the transportation field; and 

(C) developing relevant curriculum that uses examples 

and problems related to transportation. 

(3) APPLICATION AND REVIEW PROCEDURES.— 

(A) IN GENERAL.—An entity described in subparagraph 

(C) seeking funding under this subsection shall submit an 

application to the Secretary at such time, in such manner, 

and containing such information as the Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used and a description 

of how the funds will be used to serve the purposes described in paragraph (2). 

(B) PRIORITY.—In making awards under this subsection, 

the Secretary shall give priority to applicants that will encourage the participation of women and minorities. 

(C) ELIGIBILITY.—Local education agencies and State 

education agencies, which may partner with institutions of 

higher education, businesses, or other entities, shall be eligible to apply for grants under this subsection. 

(4) DEFINITIONS.—For purposes of this subsection— 

(A) the term ‘‘institution of higher education’’ has the 

meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); 

(B) the term ‘‘local educational agency’’ has the meaning 

given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and 

554 

(C) the term ‘‘State educational agency’’ has the meaning 

given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 

(e) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAIN- ING, AND EDUCATION.— (1) FUNDING.—Subject to project approval by the Secretary, a 

State may obligate funds apportioned to the State under sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 144(e) for 

surface transportation workforce development, training and 

education, including— 

(A) tuition and direct educational expenses, excluding 

salaries, in connection with the education and training of 

employees of State and local transportation agencies; 

(B) employee professional development; 

(C) student internships; 

(D) university or community college support; and 

(E) education activities, including outreach, to develop 

interest and promote participation in surface transportation careers. 

(2) FEDERAL SHARE.—The Federal share of the cost of activities carried out in accordance with this subsection shall be 100 

percent. 

(3) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION DEFINED.—In this subsection, the 

term ‘‘surface transportation workforce development, training, 

and education’’ means activities associated with surface transportation career awareness, student transportation career preparation, and training and professional development for surface 

transportation workers, including activities for women and minorities. 

(f) TRANSPORTATION EDUCATION DEVELOPMENT PILOT PROGRAM.— 

(1) ESTABLISHMENT.—The Secretary shall establish a program to make grants to institutions of higher education that in 

partnership with industry or State Departments of Transportation will develop, test, and revise new curricula and education programs to train individuals at all levels of the transportation workforce. 

(2) SELECTION OF GRANT RECIPIENTS.—In selecting applications for awards under this subsection, the Secretary shall consider— 

(A) the degree to which the new curricula or education 

program meets the specific needs of a segment of the transportation industry, States, or regions; 

(B) providing for practical experience and on-the-job 

training; 

(C) proposals oriented toward practitioners in the field 

rather than the support and growth of the research community; 

(D) the degree to which the new curricula or program 

will provide training in areas other than engineering, such 

as business administration, economics, information technology, environmental science, and law; 

(E) programs or curricula in nontraditional departments 

which train professionals for work in the transportation 

555 

field, such as materials, information technology, environmental science, urban planning, and industrial technology; 

and 

(F) industry or a State’s Department of Transportation 

commitment to the program. 

(3) FUNDING.—Of the amounts made available by section 5101(a)(2) of this Act, $1,500,000 for each of fiscal years 2005 

through 2009 shall be available to carry out this subsection. 

(4) LIMITATIONS.—The amount of a grant under this sub- section shall not exceed $250,000 per year. After a recipient has 

received 3 years of Federal funding under this subsection, Federal funding may equal no more than 75 percent of a grantee’s 

program costs. 

(g) FREIGHT CAPACITY BUILDING PROGRAM.— 

(1) ESTABLISHMENT.—The Secretary shall establish a freight 

planning capacity building initiative to support enhancements 

in freight transportation planning in order to— 

(A) better target investments in freight transportation systems to maintain efficiency and productivity; and 

(B) strengthen the decisionmaking capacity of State 

transportation departments and local transportation agencies with respect to freight transportation planning and systems. 

(2) AGREEMENTS.—The Secretary shall enter into agreements 

to support and carry out administrative and management activities relating to the governance of the freight planning capacity initiative. 

(3) STAKEHOLDER INVOLVEMENT.—In carrying out this section, the Secretary shall consult with the Association of Metropolitan Planning Organizations, the American Association of 

State Highway and Transportation Officials, and other freight 

planning stakeholders, including the other Federal agencies, 

State transportation departments, local governments, nonprofit 

entities, academia, and the private sector. 

(4) ELIGIBLE ACTIVITIES.—The freight planning capacity 

building initiative shall include research, training, and education in the following areas: 

(A) The identification and dissemination of best practices 

in freight transportation. 

(B) Providing opportunities for freight transportation 

staff to engage in peer exchange. 

(C) Refinement of data and analysis tools used in conjunction with assessing freight transportation needs. 

(D) Technical assistance to State transportation departments and local transportation agencies reorganizing to address freight transportation issues. 

(E) Facilitating relationship building between governmental and private entities involved in freight transportation. 

(F) Identifying ways to target the capacity of State transportation departments and local transportation agencies to 

address freight considerations in operations, security, asset 

management, and environmental excellence in connection 

with long-range multimodal transportation planning and 

project implementation. 

556 

(5) FUNDING.— (A) FEDERAL SHARE.—The Federal share of the cost of an 

activity carried out under this section shall be up to 100 

percent, and such funds shall remain available until expended. 

(B) USE OF NON-FEDERAL FUNDS.—Funds made available 

for the program established under this subsection may be 

used for research, program development, information collection and dissemination, and technical assistance. The Secretary may use such funds independently or 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, 

to carry out the purposes of this subsection. 

* * * * * * * 

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; 

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. 

557 

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 

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; 

558 

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; 

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 

559 

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 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.¿ 

§ 507. Surface Transportation environment and planning cooperative research program 

(a) ESTABLISHMENT.—The Secretary shall establish and carry out 

a collaborative, public-private surface transportation environment 

and planning cooperative research program. 

(b) AGREEMENT.—The Secretary shall enter into an agreement 

with the National Academy of Sciences to carry out administrative 

and management activities relating to the governance of the surface 

transportation environment and planning cooperative research program. 

(c) ADVISORY COMMITTEE.— 

(1) ESTABLISHMENT.—The Secretary shall establish a committee that will be responsible for program oversight and 

project selection. 

(2) MEMBERSHIP.—The members of the committee shall be appointed by the Secretary and shall be composed of— 

(A) representatives of State, regional, and local transportation agencies, including transit agencies; 

(B) representatives of State environmental agencies and 

other environmental organizations; 

(C) representatives of the transportation private sector; 

(D) transportation and environmental scientists and engineers; and 

(E) representatives of the Federal Highway Administration, Federal Transit Administration, Environmental Protection Agency, United States Fish and Wildlife Service, 

Corps of Engineers, American Association of State Highway 

and Transportation Officials, and American Public Transportation Association, who shall serve in an ex officio capacity. 

(3) BALANCE.—The majority of the committee’s voting members shall be representatives of government transportation agencies. 

560 

(4) MEETINGS.—The National Academy of Sciences shall convene meetings of the committee. 

(d) GOVERNANCE.—The program established under this section 

shall include the following administrative and management elements: 

(1) NATIONAL RESEARCH AGENDA.—The advisory committee, 

in consultation with interested parties, shall carry out and periodically update research and development called for in the 

Transportation Research Board Special Report 268, entitled 

‘‘Surface Transportation Environmental Research: A Long-Term 

Strategy’’ and published in 2002, as described in subsection (e). 

The national research agenda shall include a multiyear strategic plan. 

(2) INVOLVEMENT.—Interested parties may— 

(A) submit research proposals; 

(B) participate in merit reviews of research proposals and 

peer reviews of research products; and 

(C) receive research results. 

(3) OPEN COMPETITION AND PEER REVIEW OF RESEARCH PROPOSALS.—The National Academy of Sciences may award under 

the program research contracts and grants through open competition and merit review conducted on a regular basis. 

(4) EVALUATION OF RESEARCH.— (A) PEER REVIEW.—Research contracts and grants may 

allow peer review of the research results. 

(B) PROGRAMMATIC EVALUATIONS.—The National Academy of Sciences may conduct periodic programmatic evaluations on a regular basis. 

(5) DISSEMINATION OF RESEARCH FINDINGS.—The National 

Academy of Sciences shall disseminate research findings to researchers, practitioners, and decisionmakers, through conferences and seminars, field demonstrations, workshops, training programs, presentations, testimony to government officials, 

World Wide Web, and publications for the general public. 

(e) CONTENTS.—The national research agenda for the program required under subsection (d)(1) shall include research in the following areas for the purposes described: 

(1) HUMAN HEALTH.—Human health to establish the links between transportation activities and human health; substantiate 

the linkages between exposure to concentration levels, emissions, 

and health impacts; examine the potential health impacts from 

the implementation and operation of transportation infrastructure and services; develop strategies for avoidance and reduction of these impacts; and develop strategies to understand the 

economic value of health improvements and for incorporating 

health considerations into valuation methods. 

(2) ECOLOGY AND NATURAL SYSTEMS.—Ecology and natural 

systems to measure transportation’s short- and long-term impact on natural systems; develop ecologically based performance 

measures; develop insight into both the spatial and temporal 

issues associated with transportation and natural systems; 

study the relationship between highway density and ecosystem 

integrity, including the impacts of highway density on habitat 

integrity and overall ecosystem health; develop a rapid assessment methodology for use by transportation and regulatory 

561 

agencies in determining the relationship between highway density and ecosystem integrity; and develop ecologically based performance techniques to evaluate the success of highway project 

mitigation and enhancement measures. 

(3) ENVIRONMENTAL AND SOCIOECONOMIC RELATIONSHIPS.— 

Environmental and socioeconomic relationships to understand 

differences in mobility, access, travel behavior, and travel preferences across socioeconomic groups; develop improved planning 

approaches that better reflect and respond to community needs; 

improve evaluation methods for examining the incidence of benefits and costs; examine the differential impacts of current 

methods of finance and explore alternatives; understand the socioeconomic implications of emerging land development patterns and new transportation technologies; develop cost-effective 

applications of technology that improve the equity of the transport system; and develop improved methods for community involvement, collaborative planning, and conflict resolution. 

(4) EMERGING TECHNOLOGIES.—Emerging technologies to assist in the transition to environmentally benign fuels and vehicles for passengers and freight; develop responses to and demand for new technologies that could offer improved environmental performance; identify possible applications of intelligent 

transportation systems technologies for environmental benefit; 

develop policy instruments that would encourage the development of beneficial new technologies in a cost-effective manner; 

and respond to the impact of new technologies. 

(5) LAND USE.—Land use to assess land consumption trends 

and contributing factors of transportation investment, housing 

policies, school quality, and consumer preferences; incorporate 

impacts of transportation investments on location decision and 

land use; identify the costs and benefits of current development 

patterns and their transportation implications; determine the 

effect of the built environment on people’s willingness to walk, 

drive, or take public transportation; determine the roles of public policy and institutional arrangements in current and prospective land use and transportation choices; and develop improved data, methods, and processes for considering land use, 

transportation, and the environment in an integrated, systematic fashion. 

(6) PLANNING AND PERFORMANCE MEASURES.—Planning and 

performance measures to improve understanding of travel needs 

and preferences; improve planning methods for system analysis, 

forecasting, and decisionmaking; expand information on consumer choice processes and travel and activity patterns for both 

local and long-distance trips and both passenger and freight 

transportation analysis of social, environmental, and economic 

benefits and cost of various transport options; develop tools for 

measuring and forecasting complex transportation decisions for 

all modes and users; and develop performance measures and 

policy analysis approaches that can be used to determine effectiveness. 

(7) OTHER RESEARCH AREAS.—Other research areas to identify and address the emerging and future surface transportation 

research needs related to planning and environment. 

562 

(f) FEDERAL SHARE.—The Federal share of the cost of an activity 

carried out under this section shall be up to 100 percent, and such 

funds shall remain available until expended. 

(g) USE OF NON-FEDERAL FUNDS.—In addition to using funds authorized to be appropriated to carry out this section, the National 

Academy of Sciences may seek and accept additional funding 

sources to carry out this section from public and private entities capable of attracting and accepting funding from the Department of 

Transportation, Environmental Protection Agency, Department of 

Energy, United States Fish and Wildlife Service, and other Federal 

environmental agencies, States, local governments, nonprofit foundations, and the private sector. 

§ 508. Transportation research and development strategic 

planning 

(a) IN GENERAL.— 

(1) DEVELOPMENT.—Not later than 1 year after the date of enactment of the Transportation Equity Act: A Legacy for Users, 

the Secretary shall develop a 5-year transportation research 

and development strategic plan to guide Federal transportation 

research and development activities. This plan shall be consistent with section 306 of title 5, sections 1115 and 1116 of title 

31, and any other research and development plan within the 

Department of Transportation. 

(2) CONTENTS.—The strategic plan developed under paragraph (1) shall— 

(A) describe the primary purposes of the transportation 

research and development program, which shall include, at 

a minimum— 

(i) reducing congestion and improving mobility; 

(ii) promoting safety; 

(iii) promoting security; 

(iv) protecting and enhancing the environment; 

(v) preserving the existing transportation system; and 

(vi) improving the durability and extending the life 

of transportation infrastructure; 

(B) for each purpose, list the primary research and development topics that the Department intends to pursue to accomplish that purpose, which may include the fundamental 

research in the physical and natural sciences, applied research, technology development, and social science research 

intended for each topic; and 

(C) for each research and development topic, describe— 

(i) the anticipated annual funding levels for the period covered by the strategic plan; and 

(ii) the additional information the Department expects to gain at the end of the period covered by the 

strategic plan as a result of the research and development in that topic area. 

(3) CONSIDERATIONS.—In developing the strategic plan, the 

Secretary shall ensure that the plan— 

(A) reflects input from a wide range of stakeholders; 

(B) includes and integrates the research and development 

programs of all the Department’s operating administrations, including aviation, transit, rail, and maritime; and 

563 

(C) takes into account how research and development by 

other Federal, State, private sector, and not-for-profit institutions contributes to the achievement of the purposes identified under paragraph (2)(A), and avoids unnecessary duplication with these efforts. 

(4) PERFORMANCE PLANS AND REPORTS.—In reports submitted 

under sections 1115 and 1116 of title 31, the Secretary shall include— 

(A) a summary of the Federal transportation research 

and development activities for the previous fiscal year in 

each topic area; 

(B) the amount of funding spent in each topic area; 

(C) a description of the extent to which the research and 

development is meeting the expectations set forth in paragraph (2)(C)(ii); and 

(D) any amendments to the strategic plan. 

(b) The Secretary shall submit to Congress an annual report, 

along with the President’s annual budget request, describing the 

amount spent in the last completed fiscal year on transportation research and development and the amount proposed in the current 

budget for transportation research and development. 

(c) NATIONAL RESEARCH COUNCIL REVIEW.—The Secretary shall 

enter into an agreement for the review by the National Research 

Council of the details of each— 

(1) strategic plan under section 508; 

(2) performance plan required under section 1115 of title 31; 

and 

(3) program performance report required under section 1116 

of title 31, 

with respect to transportation research and development. 

§ 509. National cooperative freight Transportation research 

program 

(a) ESTABLISHMENT.—The Secretary shall establish and support a 

national cooperative freight transportation research program. 

(b) AGREEMENT.—The Secretary shall enter into an agreement 

with the National Academy of Sciences to support and carry out administrative and management activities relating to the governance 

of the national cooperative freight transportation research program. 

(c) ADVISORY COMMITTEE.—The National Academy of Sciences 

shall select an advisory committee consisting of a representative 

cross-section of freight stakeholders, including the Department of 

Transportation, other Federal agencies, State transportation departments, local governments, nonprofit entities, academia, and the private sector. 

(d) GOVERNANCE.—The national cooperative freight transportation research program established under this section shall include 

the following administrative and management elements: 

(1) NATIONAL RESEARCH AGENDA.—The advisory committee, 

in consultation with interested parties, shall recommend a national research agenda for the program. The agenda shall include a multiyear strategic plan. 

(2) INVOLVEMENT.—Interested parties may— 

(A) submit research proposals to the advisory committee; 

564 

(B) participate in merit reviews of research proposals and 

peer reviews of research products; and 

(C) receive research results. 

(3) OPEN COMPETITION AND PEER REVIEW OF RESEARCH PROPOSALS.—The National Academy of Sciences may award research contracts and grants under the program through open 

competition and merit review conducted on a regular basis. 

(4) EVALUATION OF RESEARCH.— 

(A) PEER REVIEW.—Research contracts and grants under 

the program may allow peer review of the research results. 

(B) PROGRAMMATIC EVALUATIONS.—The National Academy of Sciences may conduct periodic programmatic evaluations on a regular basis of research contracts and grants. 

(5) DISSEMINATION OF RESEARCH FINDINGS.—The National 

Academy of Sciences shall disseminate research findings to researchers, practitioners, and decisionmakers, through conferences and seminars, field demonstrations, workshops, training programs, presentations, testimony to government officials, 

World Wide Web, publications for the general public, and other 

appropriate means. 

(e) CONTENTS.—The national research agenda required under 

subsection (d)(1) shall include research in the following areas: 

(1) Techniques for estimating and quantifying public benefits 

derived from freight transportation projects. 

(2) Alternative approaches to calculating the contribution of 

truck and rail traffic to congestion on specific highway segments. 

(3) The feasibility of consolidating origins and destinations 

for freight movement. 

(4) Methods for incorporating estimates of international trade 

into landside transportation planning. 

(5) The use of technology applications to increase capacity of 

highway lanes dedicated to truck-only traffic. 

(6) Development of physical and policy alternatives for separating car and truck traffic. 

(7) Ways to synchronize infrastructure improvements with 

freight transportation demand. 

(8) The effect of changing patterns of freight movement on 

transportation planning decisions relating to rest areas. 

(9) Other research areas to identify and address the emerging 

and future research needs related to freight transportation by 

all modes. 

(f) FUNDING.— 

(1) FEDERAL SHARE.—The Federal share of the cost of an activity carried out under this section shall be up to 100 percent, 

and such funds shall remain available until expended. 

(2) USE OF NON-FEDERAL FUNDS.—In addition to using funds 

authorized for this section, the National Academy of Sciences 

may seek and accept additional funding sources from public 

and private entities capable of accepting funding from the Department of Transportation, States, local governments, nonprofit foundations, and the private sector. 

565 

§ 510. Future strategic highway research program 

(a) ESTABLISHMENT.—The Secretary, in consultation with the 

American Association of State Highway and Transportation Officials, shall establish and carry out, acting through the National Research Council of the National Academy of Sciences, the future strategic highway research program. 

(b) COOPERATIVE AGREEMENTS.—The Secretary may make grants 

to, and enter into cooperative agreements with, the American Association of State Highway and Transportation Officials and the National Academy of Sciences to carry out such activities under this 

subsection as the Secretary determines are appropriate. 

(c) PERIOD OF AVAILABILITY.—Funds made available to carry out 

this section shall remain available for the fiscal year in which such 

funds are made available and the 3 succeeding fiscal years. 

(d) PROGRAM PRIORITIES.— (1) PROGRAM ELEMENTS.—The program established under 

this section shall be based on the National Research Council 

Special Report 260, entitled ‘‘Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Life’’ and 

the results of the detailed planning work subsequently carried 

out in 2002 and 2003 to identify the research areas through National Cooperative Research Program Project 20–58. The research program shall include an analysis of the following: 

(A) Renewal of aging highway infrastructure with minimal impact to users of the facilities. 

(B) Driving behavior and likely crash causal factors to 

support improved countermeasures. 

(C) Reducing highway congestion due to nonrecurring 

congestion. 

(D) Planning and designing new road capacity to meet 

mobility, economic, environmental, and community needs. 

(2) DISSEMINATION OF RESULTS.—The research results of the 

program, expressed in terms of technologies, methodologies, and 

other appropriate categorizations, shall be disseminated to 

practicing engineers for their use, as soon as practicable. 

(e) PROGRAM ADMINISTRATION.—In carrying out the program 

under this section, the National Research Council shall ensure, to 

the maximum extent practicable, that— 

(1) projects and researchers are selected to conduct research 

for the program on the basis of merit and open solicitation of 

proposals and review by panels of appropriate experts; 

(2) State department of transportation officials and other 

stakeholders, as appropriate, are involved in the governance of 

the program at the overall program level and technical level 

through the use of expert panels and committees; 

(3) the Council acquires a qualified, permanent core staff 

with the ability and expertise to manage the program and 

multiyear budget; and 

(4) there is no duplication of research effort between the program and any other research effort of the Department. 

(f) REPORT ON IMPLEMENTATION OF RESULTS.— 

(1) REPORT.—The Transportation Research Board of the National Research Council shall complete a report on the strategies and administrative structure to be used for implementation 

of the results of the future strategic highway research program. 

566 

(2) COMPONENTS.—The report under paragraph (1) shall include with respect to the program— 

(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 of implementation of those results; and 

(D) recommendations on methods by which implementation of those results should be conducted, coordinated, and 

supported in future years, including a discussion of the administrative structure and organization best suited to carry 

out those recommendations. 

(3) CONSULTATION.—In developing the report, the Transportation Research Board shall consult with a wide variety of 

stakeholders, including— 

(A) the Federal Highway Administration; 

(B) the National Highway Traffic Safety Administration; 

and 

(C) the American Association of State Highway and 

Transportation Officials. 

(4) SUBMISSION.—Not later than February 1, 2009, the report 

shall be submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives. 

(g) LIMITATION OF REMEDIES.— (1) SAME REMEDY AS IF UNITED STATES.—The remedy against 

the United States provided by sections 1346(b) and 2672 of title 

28 for injury, loss of property, personal injury, or death shall 

apply to any claim against the National Academy of Sciences 

for money damages for injury, loss of property, personal injury, 

or death caused by any negligent or wrongful act or omission 

by employees and individuals described in paragraph (3) arising from activities conducted under or in connection with this 

section. Any such claim shall be subject to the limitations and 

exceptions which would be applicable to such claim if such 

claim were against the United States. With respect to any such 

claim, the Secretary shall be treated as the head of the appropriate Federal agency for purposes of sections 2672 and 2675 of 

title 28. 

(2) EXCLUSIVENESS OF REMEDY.—The remedy referred to in 

paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining liability arising from 

any such act or omission without regard to when the act or 

omission occurred. 

(3) TREATMENT.—Employees of the National Academy of 

Sciences and other individuals appointed by the president of the 

National Academy of Sciences and acting on its behalf in connection with activities carried out under this section shall be 

treated as if they are employees of the Federal Government 

under section 2671 of title 28 for purposes of a civil action or 

proceeding with respect to a claim described in paragraph (1). 

The civil action or proceeding shall proceed in the same manner 

as any proceeding under chapter 171 of title 28 or action 

567 

against the United States filed pursuant to section 1346(b) of 

title 28 and shall be subject to the limitations and exceptions 

applicable to such a proceeding or action. 

(4) SOURCES OF PAYMENTS.—Payment of any award, compromise, or settlement of a civil action or proceeding with respect to a claim described in paragraph (1) shall be paid first 

out of insurance maintained by the National Academy of 

Sciences, second from funds made available to carry out this 

section, and then from sums made available under section 1304 

of title 31. For purposes of such section, such an award, compromise, or settlement shall be deemed to be a judgment, 

award, or settlement payable under section 2414 or 2672 of title 

28. The Secretary may establish a reserve of funds made available to carry out this section for making payments under this 

paragraph. 

(h) FUNDING.— 

(1) FEDERAL SHARE.—The Federal share of the cost of an activity carried out using amounts made available under a grant 

or cooperative agreement under this section shall be 100 percent, and such funds shall remain available until expended. 

(2) ADVANCE PAYMENTS.—The Secretary may make advance 

payments as necessary to carry out the program under this section. 

CHAPTER 6—INFRASTRUCTURE FINANCE 

Sec. 

601. Generally applicable provisions. 

602. Determination of eligibility and project selection. 

603. Secured loans. 

604. Lines of credit. 

605. Program administration. 

606. State and local permits. 

607. Regulations. 

608. Funding. 

609. State infrastructure bank program. 

ø§ 181. Definitions¿ 

§ 601. Generally applicable provisions 

øIn this subchapter¿ (a) DEFINITIONS.—In this chapter, 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) * * * 

* * * * * * * 

(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 øthis subchapter¿ 

this chapter with respect to a project. 

(3) INVESTMENT-GRADE RATING.—The term ‘‘investment-grade 

rating’’ means a rating øcategory¿ of BBB minus, Baa3, or 

568 

higher assigned by a rating agency to project obligations øoffered into the capital markets¿. 

* * * * * * * 

(5) LINE OF CREDIT.—The term ‘‘line of credit’’ means an 

agreement entered into by the Secretary with an obligor under 

section ø184¿ 604 to provide a direct loan at a future date 

upon the occurrence of certain events. 

* * * * * * * 

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) * * * 

(B) a project for an international bridge or tunnel for 

which an international entity authorized under Federal or 

State law is responsibleø.¿; 

* * * * * * * 

ø(10)¿ (9) PROJECT OBLIGATION.—The term ‘‘project obligation’’ means any note, øbond¿ credit, 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 bond 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 ø183¿ 603. 

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. 

(b) TREATMENT OF CHAPTER.—For purposes of this title, this 

chapter shall be treated as being part of chapter 1. 

569 

§ ø182¿ 602. Determination of eligibility and project selection 

(a) ELIGIBILITY.—To be eligible to receive financial assistance 

under øthis subchapter¿ this chapter, 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. 

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 chapter. 

(2) APPLICATION.—A State, a 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 øthis subchapter¿ 

this chapter, 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 

* * * * * * * 

(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 

ø$30,000,000¿ $15,000,000. 

(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. 

* * * * * * * 

(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) * * * 

* * * * * * * 

570 

(iii) The extent to which assistance under øthis subchapter¿ this chapter would foster innovative publicprivate partnerships and attract private debt or equity 

investment. 

(iv) The likelihood that assistance under øthis subchapter¿ this chapter would enable the project to proceed at an earlier date than the project would otherwise be able to proceed. 

* * * * * * * 

(vi) The amount of budget authority required to 

fund the Federal credit instrument made available 

under øthis subchapter¿ this chapter. 

* * * * * * * 

(viii) The extent to which assistance under this 

chapter and chapter 1 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 investmentgrade 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 

øthis subchapter¿ this chapter and projects assisted with the funds: 

(1) * * * 

* * * * * * * 

§ ø183¿ 603. 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 602; or 

(B) to refinance interim construction financing of eligible 

project costsø; 

øof any project selected under section 182¿ of any project selected 

under section 602. 

* * * * * * * 

(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 ø182(b)(2)(B)¿ 602(b)(2)(B), shall determine an appropriate capital reserve subsidy amount for each secured loan, 

taking into account such letter. 

571 

(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 ratingø, except that— 

ø(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 

ø(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) * * * 

(2) MAXIMUM AMOUNT.—The amount of the secured loan 

shall not exceed the lesser of 33 percent of the reasonably anticipated eligible project costs or 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 

* * * * * * * 

(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. 

* * * * * * * 

(8) NON-FEDERAL SHARE.—The proceeds of a secured loan 

under øthis subchapter¿ this chapter may be used for any nonFederal 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) * * * 

* * * * * * * 

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) * * * 

* * * * * * * 

ø(5)¿ (4) PREPAYMENT.— 

(A) * * * 

* * * * * * * 

§ ø184¿ 604. 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 

572 

made by the Secretary at future dates on the occurrence of certain events for any project selected under section ø182¿ 602. 

* * * * * * * 

(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 ø182(b)(2)(B)¿ 602(b)(2)(B), shall determine an appropriate capital reserve subsidy amount for each line of credit, 

taking into account such letter. 

* * * * * * * 

(b) TERMS AND LIMITATIONS.— (1) * * * 

* * * * * * * 

(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 interestø, any debt service reserve fund, and any other available reserve¿ 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 øon which¿ of execution of the line of credit 

øis obligated¿ 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 

* * * * * * * 

(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 ø183¿ 603 of an amount that, combined with the amount 

of the line of credit, exceeds 33 percent of eligible project costs. 

(c) REPAYMENT.— 

(1) * * * 

(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,¿ 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 

573 

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.¿ 

§ 605. Program Administration 

(a) REQUIREMENT.—The Secretary shall establish a uniform system to service the Federal credit instrument made available under 

this chapter. 

(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 instrument. 

(c) SERVICES.—The Secretary may identify a financial entity to 

assist the Secretary in servicing a Federal credit instrument. The 

services— 

(1) shall act as the agent for the Secretary; and 

(2) shall receive a servicing fee, subject to approval by the 

Secretary. 

(d) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may retain 

the services of one or more expert firms, including counsel, in the 

field of municipal and project finance to assist in the underwriting 

and servicing of Federal credit instruments. 

§ ø186¿ 606. State and local permits 

The provision of financial assistance under øthis subchapter¿ 

this chapter with respect to a project shall not— 

(1) * * * 

* * * * * * * 

§ ø187¿ 607. Regulations 

The Secretary may issue such regulations as the Secretary determines appropriate to carry out øthis subchapter¿ this chapter. 

ø§ 188. Funding 

ø(a) FUNDING.— 

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 

574 

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: 

øMaximum amount of credit: 

$1,600,000,000 

$1,800,000,000 

$2,200,000,000 

$2,400,000,000 

$2,600,000,000 

$2,600,000,000 

$1,733,333,333. 

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.¿ 

§ 608. Funding 

(a) FUNDING.— 

(1) IN GENERAL.—There are authorized to be appropriated 

from the Highway Trust Fund (other than the Mass Transit Account) $130,000,000 for fiscal year 2004 and $140,000,000 for 

each of fiscal years 2005 through 2009 to carry out this chapter. 

575 

(2) ADMINISTRATIVE COSTS.—From funds made available 

under paragraph (1), the Secretary may use, for the administration of chapter, not more than $3,000,000 for each of fiscal 

years 2004 through 2009. 

(3) 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 chapter shall be 

deemed to be acceptance by the United States of a contractual 

obligation to fund the Federal credit instrument. 

(2) AVAILABILITY.—Amounts authorized under this section for 

a fiscal year shall be available for obligation on October 1 of 

the fiscal year. 

(c) LIMITATIONS ON CREDIT AMOUNTS.—For each of fiscal years 

2004 through 2009, principal amounts of Federal credit instruments 

made available under this chapter shall be limited to 

$2,600,000,000. 

§ 609. State infrastructure bank program 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) CAPITAL PROJECT.—The term ‘‘capital project’’ has the 

meaning such term has under section 5302 of title 49, United 

States Code. 

(2) OTHER FORMS OF CREDIT ASSISTANCE.—The term ‘‘other 

forms of credit assistance’’ includes any use of funds in an infrastructure bank— 

(A) to provide credit enhancements; 

(B) to serve as a capital reserve for bond or debt instrument financing; 

(C) to subsidize interest rates; 

(D) to insure or guarantee letters of credit and credit instruments against credit risk of loss; 

(E) to finance purchase and lease agreements with respect to transit projects; 

(F) to provide bond or debt financing instrument security; 

and 

(G) to provide other forms of debt financing and methods 

of leveraging funds that are approved by the Secretary and 

that relate to the project with respect to which such assistance is being provided. 

(3) STATE.—The term ‘‘State’’ has the meaning such term has 

under section 401 of this title. 

(4) CAPITALIZATION.—The term ‘‘capitalization’’ means the 

process used for depositing funds as initial capital into a State 

infrastructure bank to establish the infrastructure bank. 

(5) COOPERATIVE AGREEMENT.—The term ‘‘cooperative agreement’’ means written consent between a State and the Secretary 

which sets forth the manner in which the infrastructure bank 

established by the State in accordance with this section will be 

administered. 

(6) LOAN.—The term ‘‘loan’’ means any form of direct financial assistance from a State infrastructure bank that is required 

576 

to be repaid over a period of time and that is provided to a 

project sponsor for all or part of the costs of the project. 

(7) GUARANTEE.—The term ‘‘guarantee’’ means a contract entered into by a State infrastructure bank in which the bank 

agrees to take responsibility for all or a portion of a project 

sponsor’s financial obligations for a project under specified conditions. 

(8) INITIAL ASSISTANCE.—The term ‘‘initial assistance’’ means 

the first round of funds that are loaned or used for credit enhancement by a State infrastructure bank for projects eligible 

for assistance under this section. 

(9) LEVERAGE.—The term ‘‘leverage’’ means a financial structure used to increase funds in a State infrastructure bank 

through the issuance of debt instruments. 

(10) LEVERAGED.—The term ‘‘leveraged’’, as used with respect 

to a State infrastructure bank, means that the bank has total 

potential liabilities that exceed the capital of the bank. 

(b) COOPERATIVE AGREEMENTS.—Subject to the provisions of this 

section, the Secretary may enter into cooperative agreements with 

States for the establishment of State infrastructure banks for making loans and providing other forms of credit assistance to public 

and private entities carrying out or proposing to carry out projects 

eligible for assistance under this section. 

(c) INTERSTATE COMPACTS.— (1) IN GENERAL.—Congress grants consent to 2 or more of the 

States, entering into a cooperative agreement under subsection 

(a) with the Secretary for the establishment by such States of 

a multi-State infrastructure bank in accordance with this section, to enter into an interstate compact establishing such bank 

in accordance with this section. 

(2) RESERVATION OF RIGHTS.—The right to alter, amend or repeal interstate compacts entered into under this subsection is 

expressly reserved. 

(d) FUNDING.— 

(1) HIGHWAY ACCOUNT.—Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement 

under this section to establish a State infrastructure bank to deposit into the highway account of the bank not to exceed— 

(A) 10 percent of the funds apportioned to the State for 

each of fiscal years 2005 through 2009 under each of sections 104(b)(1), 104(b)(3), 104(b)(4), and 144; and 

(B) 10 percent of the funds allocated to the State for each 

of such fiscal years under section 105. 

(2) TRANSIT ACCOUNT.—Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement 

under this section to establish a State infrastructure bank, and 

any other recipient of Federal assistance under section 5307, 

5309, or 5311 of title 49, to deposit into the transit account of 

the bank not to exceed 10 percent of the funds made available 

to the State or other recipient in each of fiscal years 2005 

through 2009 for capital projects under each of such sections. 

(3) RAIL ACCOUNT.—Subject to subsection (j), the Secretary 

may permit a State entering into a cooperative agreement under 

this section to establish a State infrastructure bank, and any 

other recipient of Federal assistance under subtitle V of title 49, 

577 

to deposit into the rail account of the bank funds made available to the State or other recipient in each of fiscal years 2005 

through 2009 for capital projects under such subtitle. 

(4) CAPITAL GRANTS.— (A) HIGHWAY ACCOUNT.—Federal funds deposited into a 

highway account of a State infrastructure bank under 

paragraph (1) shall constitute for purposes of this section 

a capitalization grant for the highway account of the bank. 

(B) TRANSIT ACCOUNT.—Federal funds deposited into a 

transit account of a State infrastructure bank under paragraph (2) shall constitute for purposes of this section a capitalization grant for the transit account of the bank. 

(C) RAIL ACCOUNT.—Federal funds deposited into a rail 

account of a State infrastructure bank under paragraph 3 

shall constitute for purposes of this section a capitalization 

grant for the rail account of the bank. 

(5) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000.— 

Funds in a State infrastructure bank that are attributed to urbanized areas of a State with urbanized populations of over 

200,000 under section 133(d)(3) may be used to provide assistance with respect to a project only if the metropolitan planning 

organization designated for such area concurs, in writing, with 

the provision of such assistance. 

(6) DISCONTINUANCE OF FUNDING.—If the Secretary determines that a State is not implementing the State’s infrastructure bank in accordance with a cooperative agreement entered 

into under subsection (b), the Secretary may prohibit the State 

from contributing additional Federal funds to the bank. 

(e) FORMS OF ASSISTANCE FROM INFRASTRUCTURE BANKS.—An 

infrastructure bank established under this section may make loans 

or provide other forms of credit assistance to a public or private entity in an amount equal to all or a part of the cost of carrying out 

a project eligible for assistance under this section. The amount of 

any loan or other form of credit assistance provided for the project 

may be subordinated to any other debt financing for the project. Initial assistance provided with respect to a project from Federal funds 

deposited into an infrastructure bank under this section may not be 

made in the form of a grant. 

(f) ELIGIBLE PROJECTS.—Subject to subsection (e), funds in an infrastructure bank established under this section may be used only 

to provide assistance for projects eligible for assistance under this 

title and capital projects defined in section 5302 of title 49, and any 

other projects related to surface transportation that the Secretary 

determines to be appropriate. 

(g) INFRASTRUCTURE BANK REQUIREMENTS.—In order to establish 

an infrastructure bank under this section, the State establishing the 

bank shall— 

(1) deposit in cash, at a minimum, into each account of the 

bank from non-Federal sources an amount equal to 25 percent 

of the amount of each capitalization grant made to the State 

and deposited into such account; except that, if the deposit is 

into the highway account of the bank and the State has a nonFederal share under section 120(b) that is less than 25 percent, 

the percentage to be deposited from non-Federal sources shall be 

the lower percentage of such grant; 

578 

(2) ensure that the bank maintains on a continuing basis an 

investment grade rating on its debt, or has a sufficient level of 

bond or debt financing instrument insurance, to maintain the 

viability of the bank; 

(3) ensure that investment income derived from funds deposited to an account of the bank are— 

(A) credited to the account; 

(B) available for use in providing loans and other forms 

of credit assistance to projects eligible for assistance from 

the account; and 

(C) invested in United States Treasury securities, bank 

deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the 

leveraging of projects assisted by the bank; 

(4) ensure that any loan from the bank will bear interest at 

or below market interest rates, as determined by the State, to 

make the project that is the subject of the loan feasible; 

(5) ensure that repayment of any loan from the bank will 

commence not later than 5 years after the project has been completed or, in the case of a highway project, the facility has 

opened to traffic, whichever is later; 

(6) ensure that the term for repaying any loan will not exceed 

30 years after the date of the first payment on the loan; and 

(7) require the bank to make an annual report to the Secretary on its status no later than September 30 of each year and 

such other reports as the Secretary may require under guidelines issued to carry out this section. 

(h) APPLICABILITY OF FEDERAL LAW.— (1) IN GENERAL.—The requirements of this title and title 49 

that would otherwise apply to funds made available under this 

title or such title and projects assisted with those funds shall 

apply to— 

(A) funds made available under this title or such title 

and contributed to an infrastructure bank established 

under this section, including the non-Federal contribution 

required under subsection (g); and 

(B) projects assisted by the bank through the use of the 

funds; 

except to the extent that the Secretary determines that any requirement of such title (other than sections 113 and 114 of this 

title and section 5333 of title 49), is not consistent with the objectives of this section. 

(2) REPAYMENTS.—The requirements of this title and title 49 

shall apply to repayments from non-Federal sources to an infrastructure bank from projects assisted by the bank. Such a repayment shall be considered to be Federal funds. 

(i) UNITED STATES NOT OBLIGATED.—The deposit of Federal 

funds into an infrastructure bank established under this section 

shall not be construed as a commitment, guarantee, or obligation on 

the part of the United States to any third party, nor shall any third 

party have any right against the United States for payment solely 

by virtue of the contribution. Any security or debt-financing instrument issued by the infrastructure bank shall expressly state that the 

security or instrument does not constitute a commitment, guarantee, 

or obligation of the United States. 

579 

(j) MANAGEMENT OF FEDERAL FUNDS.—Sections 3335 and 6503 of 

title 31, shall not apply to funds deposited into an infrastructure 

bank under this section. 

(k) PROGRAM ADMINISTRATION.—For each of fiscal years 2005 

through 2009, a State may expend not to exceed 2 percent of the 

Federal funds contributed to an infrastructure bank established by 

the State under this section to pay the reasonable costs of administering the bank. 

* * * * * * * 

TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

* * * * * * * 

TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS 

Sec. 3001. Short title. 

* * * * * * * 

øSec. 3038. Rural transportation accessibility incentive program.¿ 

Sec. 3038. Over-the-road bus accessibility program. 

* * * * * * * 

TITLE I—FEDERAL-AID HIGHWAYS 

* * * * * * * 

Subtitle B—General Provisions 

* * * * * * * 

SEC. 1212. MISCELLANEOUS. 

(a) * * * 

* * * * * * * 

(i) BICYCLE AND PEDESTRIAN SAFETY GRANTS.— 

(1) IN GENERAL.—The Secretary shall make grants to a national, not-for-profit organization engaged in promoting bicycle 

and pedestrian safety— 

(A) * * * 

* * * * * * * 

ø(D)¿ (2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out of the Highway Trust Fund 

(other than the Mass Transit Account) to carry out this subsection $500,000 for each of fiscal years 1998 through 2004 and 

$333,333 for the period of October 1, 2004, through May 31, 

2005. 

ø(E)¿ (3) APPLICABILITY OF TITLE 23.—Funds authorized by 

this subsection shall be available for obligation in the same 

manner as if such funds were apportioned under chapter 1 of 

580 

title 23, United States Code, except that the funds shall remain available until expended. 

* * * * * * * 

SEC. 1214. FEDERAL ACTIVITIES. 

(a) * * * 

* * * * * * * 

(r) PUERTO RICO HIGHWAY PROGRAM.— (1) IN GENERAL.—The Secretary shall allocate funds authorized by section ø1101(a)(15) for each of fiscal years 1998 

through 2005¿ 1101(a)(24) for each of fiscal years 2004 through 

2009 of the Transportation Equity Act: A Legacy for Users to 

the Commonwealth of Puerto Rico to carry out a highway program in such Commonwealth. 

(2) APPLICABILITY OF TITLE 23.—Amounts made available by 

section ø1101(a)(15) of this Act¿ 1101(a)(24) of the Transportation Equity Act: A Legacy for Users shall be available for obligation in the same manner as if such funds were apportioned 

under chapter 1 of title 23, United States Code. Such amounts 

shall be subject to any limitation on obligations for Federal-aid 

highway and highway safety construction programs. 

* * * * * * * 

SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING 

METHODS. 

(a) * * * 

ø(b) INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION

PILOT PROGRAM.— ø(1) ESTABLISHMENT.—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 that 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. 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: 

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. 

ø(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 

581 

made available by this Act (including amendments made 

by this Act) and from revenues for highways from any 

other source without toll revenues. 

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— 

ø(A) the State is unable to reconstruct or rehabilitate 

the proposed toll facility using existing apportionments; 

ø(B) the facility has a sufficient intensity of use, age, or 

condition to warrant the collection of tolls; 

ø(C) the State plan for implementing tolls on the facility 

takes into account the interests of local, regional, and 

interstate travelers; 

ø(D) the State plan for reconstruction or rehabilitation of 

the facility using toll revenues is reasonable; and 

ø(E) 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 

582 

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.¿ 

* * * * * * * 

SEC. 1221. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT PROGRAM. 

(a) * * * 

* * * * * * * 

(e) 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 $20,000,000 for fiscal year 

1999 øand¿, $25,000,000 for each of fiscal years 2000 through 

2003 and ø2004 and $16,666,667 for the period of October 1, 

2004, through May 31, 2005¿, and $25,000,000 for fiscal year 2004, $30,000,000 for fiscal year 2005, $35,000,000 for fiscal 

year 2006, $35,000,000 for fiscal year 2007, and $35,000,000 

for each of fiscal years 2008 and 2009. (2) CONTRACT AUTHORITY.—Funds authorized under this subsection shall be available for obligation in the same manner as 

if the funds were apportioned under chapter 1 of title 23, 

United States Code; except that such funds shall not be transferable and the Federal share for projects and activities carried 

out with such funds shall be determined in accordance with 

section 120(b) of title 23, United States Code. (f) PLANNING ACTIVITIES PILOT PROGRAM.— (1) IN GENERAL.—The Secretary shall establish a pilot program using funds set aside under paragraph (4) to support 

planning and public participation activities related to highway 

and public transportation projects. 

(2) ELIGIBLE ACTIVITIES.—Activities eligible to be carried out 

under the pilot program may include the following: 

(A) Improving data collection and analysis to improve 

freight movement, intermodal connections, and transportation access and efficiency for all users, including children, older individuals, individuals with disabilities, lowincome individuals, and minority communities. 

(B) Supporting public participation by holding public 

meetings using an interactive workshop format facilitated 

by design or planning experts (or both) to consider public 

input at the initial stages of project development and during other phases of a project. 

(C) Using innovative planning or design visualization 

and simulation tools to improve the evaluation of alternatives and their impacts and to enhance public participation in the transportation planning process, including tools 

having a structure that enables modifications to scenarios 

and assumptions in real time. 

583 

(D) Enhancing coordination among transportation, land 

use, workforce development, human service, economic development, and other agencies to strengthen access to job 

training services, daycare centers, health care facilities, 

senior centers, public schools, universities, and residential 

areas, including the use of integrated planning and service 

delivery, especially for transit dependent and low-income 

individuals. 

(E) Contracting with nonprofit organizations, universities, and local agencies to deliver community-oriented 

transportation plans and projects, including public outreach, context sensitive design, transit-oriented development, multimodal corridor investments, commuter benefits 

deployment, and brownfield redevelopment. 

(F) Measuring and reporting on the annual performance 

of the transportation system (or parts of) relative to State 

or locally-established criteria regarding— 

(i) maintenance and operating costs of the transportation system, vehicle miles traveled, peak-period travel 

times, transportation choices, and mode shares; 

(ii) location of housing units, jobs, medical facilities, 

and commercial centers to transit; 

(iii) improvements directed to low-income families 

and older individuals; 

(iv) transportation-related pollution emissions into 

the air and water; 

(v) land consumption; and 

(vi) other locally-significant factors. 

(G) Improving regional travel and emission modeling to 

examine factors not currently considered, such as induced 

travel and land use effects of transportation alternatives, 

types of vehicles owned and used by households, time-ofday of travel and linkage of trips to each other throughout 

the day, effects of urban design and pedestrian and bicycle 

environment on travel behavior, and impacts of alternatives 

on the distribution of benefits and burdens among various 

groups protected under title VI of the Civil Rights Act of 

1964 (42 U.S.C. 2000d et seq.). 

(3) FEDERAL SHARE.—Notwithstanding subsection (e)(2), the 

Federal share of the cost of activities carried out under the pilot 

program shall be 100 percent. 

(4) SET ASIDE.—The Secretary shall make available $1,500,000 of the amounts made available to carry out this section for each of fiscal years 2005 through 2009 to carry out the 

pilot program under this subsection. 

* * * * * * * 

Subtitle F—High Priority Projects 

* * * * * * * 

SEC. 1602. PROJECT AUTHORIZATIONS. 

Subject to section 117 of title 23, United States Code, the amount 

listed for each high priority project in the following table shall be 

available (from amounts made available by section 1101(a)(13) of 

584 

the Transportation Equity Act for the 21st Century) for fiscal years 

1998 through 2003 to carry out each such project: 

No. State Project description (Dollars in 

millions) 

1. Georgia .................. I–75 advanced transportation management system in Cobb County .................. 1.7 

* * * * * * * 

35. California .............. Construct San Diego and Arizona Eastern 

Intermodal Yard and for other related 

purposes, San Ysidro ................................ 10 

* * * * * * * 

78. California .............. Construct øThird Street South Bay Basin 

Bridge¿ Bayview Transportation Improvements Project, San Francisco .......... 9.375 

* * * * * * * 

312. Pennsylvania ......... Conduct preliminary engineering through 

construction on the relocation of exits 4 

and 5 on I–83 in York County ................. 1.5 

* * * * * * * 

800. Pennsylvania ......... Improve ramp junctions at intersection of 

SR 114 and Interstate 83, øFairview 

Township¿ or other projects selected by 

the York County, Pennsylvania MPO ...... 3 

* * * * * * * 

820. Michigan ................ øConduct preliminary engineering, acquire 

right-of-way and construct I–75/North 

Down River Road interchange¿ Conduct 

a transportation needs study and make 

improvements to I–75 interchanges in 

the Grayling area ...................................... 1.125 

* * * * * * * 

897. Illinois .................... øRoad upgrade and access road near the 

intersection of I–80 and I–57 in Country 

Club Hills¿ Engineering and construction of a new access road to a development near Interstate 57 and 167th Street 

in Country Club Hills, Illinois ................. 1.125 

* * * * * * * 

1121. New York .............. øConstruct sound barriers on Grand Central Parkway between 244th Street and 

Douglaston Parkway¿ Provide landscaping along both sides of the Grand 

Central Parkway from 188th Street to 

172nd Street .............................................. 0.375 

* * * * * * * 

1225. Indiana .................. øConstruct SR 9 bypass¿ Study, design, 

and construct transportation solutions 

for SR 9 corridor in Greenfield ............... 2.3625 

* * * * * * * 

1375. Michigan ................ øPreliminary engineering and right-of-way 

acquisition for ‘‘Intertown South’’ route 

of U.S. 31 bypass, Emmet County¿ 

Petoskey area transportation needs study 

and trunkline preservation and safety in 

the Petoskey area ...................................... 1.125 

585 

No. State Project description (Dollars in 

millions) 

* * * * * * * 

1392. Pennsylvania ......... øConstruct Towamencin Township 

multimodal center¿ Improve the ramp 

configuration at the I–476 PA Turnpike 

Landsdale Interchange ............................. 2.61 

* * * * * * * 

1447. Indiana .................. øExtend SR 149 between SR 130 to U.S. 

Route 30, Valparaiso¿ Design and construction of interchange at I–65 and 

109th Avenue, Crown Point ..................... 3 

* * * * * * * 

* * * * * * * 

TITLE III—FEDERAL TRANSIT 

ADMINISTRATION PROGRAMS 

* * * * * * * 

øSEC. 3037. JOB ACCESS AND REVERSE COMMUTE GRANTS. 

ø(a) FINDINGS.—Congress finds that— 

ø(1) two-thirds of all new jobs are in the suburbs, whereas 

three-quarters of welfare recipients live in rural areas or central cities; 

ø(2) even in metropolitan areas with excellent public transit 

systems, less than half of the jobs are accessible by transit; 

ø(3) in 1991, the median price of a new car was equivalent 

to 25 weeks of salary for the average worker, and considerably 

more for the low-income worker; 

ø(4) not less than 9,000,000 households and 10,000,000 

Americans of driving age, most of whom are low-income workers, do not own cars; 

ø(5) 94 percent of welfare recipients do not own cars; 

ø(6) nearly 40 percent of workers with annual incomes below 

$10,000 do not commute by car; 

ø(7) many of the 2,000,000 Americans who will have their 

Temporary Assistance to Needy Families grants (under the 

State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)) terminated by the year 2002 

will be unable to get to jobs they could otherwise hold; 

ø(8) increasing the transit options for low-income workers, 

especially those who are receiving or who have recently received welfare benefits, will increase the likelihood of those 

workers getting and keeping jobs; and 

ø(9) many residents of cities and rural areas would like to 

take advantage of mass transit to gain access to suburban employment opportunities. 

ø(b) DEFINITIONS.—In this section, the following definitions shall 

apply: 

ø(1) ELIGIBLE LOW-INCOME INDIVIDUAL.—The term ‘‘eligible 

low-income individual’’ means an individual whose family income is at or below 150 percent of the poverty line (as that 

term is defined in section 673(2) of the Community Services 

586 

Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved. 

ø(2) ELIGIBLE PROJECT AND RELATED TERMS.— ø(A) IN GENERAL.—The term ‘‘eligible project’’ means an 

access to jobs project or a reverse commute project. 

ø(B) ACCESS TO JOBS PROJECT.—The term ‘‘access to jobs 

project’’ means a project relating to the development of 

transportation services designed to transport welfare recipients and eligible low-income individuals to and from 

jobs and activities related to their employment. The Secretary may make access to jobs grants for— 

ø(i) capital projects and to finance operating costs of 

equipment, facilities, and associated capital maintenance items related to providing access to jobs under 

this section; 

ø(ii) promoting the use of transit by workers with 

nontraditional work schedules; 

ø(iii) promoting the use by appropriate agencies of 

transit vouchers for welfare recipients and eligible 

low-income individuals under specific terms and conditions developed by the Secretary; and 

ø(iv) promoting the use of employer-provided transportation, including the transit pass benefit program 

under section 132 of the Internal Revenue Code of 

1986. 

ø(C) REVERSE COMMUTE PROJECT.—The term ‘‘reverse 

commute project’’ means a project related to the development of transportation services designed to transport residents of urban areas, urbanized areas, and areas other 

than urbanized areas to suburban employment opportunities, including any project to— 

ø(i) subsidize the costs associated with adding reverse commute bus, train, carpool, van routes, or service from urban areas, urbanized areas, and areas other 

than urbanized areas, to suburban workplaces; 

ø(ii) subsidize the purchase or lease by a nonprofit 

organization or public agency of a van or bus dedicated to shuttling employees from their residences to 

a suburban workplace; or 

ø(iii) otherwise facilitate the provision of mass 

transportation services to suburban employment opportunities. 

ø(3) EXISTING TRANSPORTATION SERVICE PROVIDERS.—The 

term ‘‘existing transportation service providers’’ means mass 

transportation operators and governmental agencies and nonprofit organizations that receive assistance from Federal, 

State, or local sources for nonemergency transportation services. 

ø(4) QUALIFIED ENTITY.—The term ‘‘qualified entity’’ means— 

ø(A) with respect to any proposed eligible project in an 

urbanized area with a population of at least 200,000, the 

applicant or applicants selected by the appropriate metropolitan planning organization that meets the requirements 

of this section, including the planning and coordination requirements in subsection (i), from among designated reVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00588 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
587 

cipients under section 5307(a)(2) of title 49, United States 

Code, local governmental authorities and agencies, and 

nonprofit organizations; and 

ø(B) with respect to any proposed eligible project in an 

urbanized area with a population of less than 200,000, or 

an area other than an urbanized area, the applicant or applicants selected by the chief executive officer of the State 

in which the area is located that meets the requirements 

of this section, including the planning and coordination requirements in subsection (i), from among designated recipients under section 5307(a)(2) of title 49, United States 

Code, local governmental authorities and agencies, and 

nonprofit organizations. 

ø(5) WELFARE RECIPIENT.—The term ‘‘welfare recipient’’ 

means an individual who receives or received aid or assistance 

under a State program funded under part A of title IV of the 

Social Security Act (whether in effect before or after the effective date of the amendments made by title I of the Personal 

Responsibility and Work Opportunity Reconciliation Act of 

1996 (Public Law 104–193; 110 Stat. 2110)) at any time during 

the 3-year period before the date on which the applicant applies for a grant under this section. 

ø(c) GENERAL AUTHORITY.— 

ø(1) IN GENERAL.—The Secretary may make access to jobs 

grants and reverse commute grants under this section to assist 

qualified entities in financing eligible projects. 

ø(2) COORDINATION.—The Secretary shall coordinate activities under this section with related activities under programs 

of other Federal departments and agencies. 

ø(d) APPLICATIONS.—Each qualified entity seeking to receive a 

grant under this section for an eligible project shall submit to the 

Secretary an application in such form and in accordance with such 

requirements as the Secretary shall establish. 

ø(e) PROHIBITION.—Grants awarded under this section may not 

be used for planning or coordination activities. 

ø(f) FACTORS FOR CONSIDERATION.—In awarding grants under 

this section to applicants under subsection (d), the Secretary shall 

consider— 

ø(1) the percentage of the population in the area to be served 

by the applicant that are welfare recipients; 

ø(2) in the case of an applicant seeking assistance to finance 

an access to jobs project, the need for additional services (including bicycling) in the area to be served by the applicant to 

transport welfare recipients and eligible low-income individuals 

to and from specified jobs, training, and other employment support services, and the extent to which the proposed services 

will address those needs; 

ø(3) the extent to which the applicant demonstrates— 

ø(A) coordination with, and the financial commitment of, 

existing transportation service providers; and 

ø(B) coordination with the State agency that administers 

the State program funded under part A of title IV of the 

Social Security Act; 

588 

ø(4) the extent to which the applicant demonstrates maximum utilization of existing transportation service providers 

and expands transit networks or hours of service, or both; 

ø(5) the extent to which the applicant demonstrates an innovative approach that is responsive to identified service needs; 

ø(6) the extent to which the applicant— 

ø(A) in the case of an applicant seeking assistance to finance an access to jobs project, presents a regional transportation plan for addressing the transportation needs of 

welfare recipients and eligible low-income individuals; and 

ø(B) identifies long-term financing strategies to support 

the services under this section; 

ø(7) the extent to which the applicant demonstrates that the 

community to be served has been consulted in the planning 

process; and 

ø(8) in the case of an applicant seeking assistance to finance 

a reverse commute project, the need for additional services 

identified in a regional transportation plan to transport individuals to suburban employment opportunities, and the extent 

to which the proposed services will address those needs. 

ø(g) 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. 

ø(h) COST SHARING.— ø(1) MAXIMUM AMOUNT.—The amount of a grant under this 

section may not exceed 50 percent of the total project cost. 

ø(2) NONGOVERNMENTAL SHARE.— ø(A) IN GENERAL.—The portion of the total cost of an eligible project that is not funded under this section— 

ø(i) shall be provided in cash from sources other 

than revenues from providing mass transportation, 

but may include amounts received under a service 

agreement; and 

ø(ii) may be derived from amounts appropriated to 

or made available to a department or agency of the 

Federal Government (other than the Department of 

Transportation) that are eligible to be expended for 

transportation. 

ø(B) INAPPLICABILITY.—For purposes of subparagraph 

(A)(ii), the prohibitions on the use of funds for matching 

requirements under section 403(a)(5)(C)(vi) of the Social 

Security Act shall not apply to Federal or State funds to 

be used for transportation services. 

ø(i) PLANNING REQUIREMENTS.— 

ø(1) IN GENERAL.—The requirements of sections 5303 

through 5306 of title 49, United States Code, apply to any 

grant made under this section. 

ø(2) COORDINATION.—Each application for a grant under this 

section shall reflect coordination with and the approval of affected transit grant recipients. The eligible access to jobs 

projects financed under this section shall be part of a coordinated public transit-human services transportation planning 

process. 

ø(j) GRANT REQUIREMENTS.—A grant under this section shall be 

subject to— 

589 

ø(1) all of the terms and conditions to which a grant made 

under section 5307 of title 49, United States Code, is subject; 

and 

ø(2) such other terms and conditions as are determined by 

the Secretary. 

ø(k) PROGRAM EVALUATION.— ø(1) COMPTROLLER GENERAL.—Beginning 6 months after the 

date of enactment of this Act, and every 6 months thereafter, 

the Comptroller General of the United States shall— 

ø(A) conduct a study to evaluate the grant program authorized under this section; and 

ø(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of each study under 

subparagraph (A). 

ø(2) DEPARTMENT OF TRANSPORTATION.—Not later than 2 

years after the date of enactment of this Act, the Secretary 

shall— 

ø(A) conduct a study to evaluate the access to jobs grant 

program authorized under this section; and 

ø(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the study under subparagraph (A). 

ø(l) AUTHORIZATION AND ALLOCATION.— ø(1) IN GENERAL.— ø(A) FROM THE TRUST FUND.—There shall be available 

from the Mass Transit Account of the Highway Trust Fund 

to carry out this section— 

ø(i) $40,000,000 for fiscal year 1999; 

ø(ii) $60,000,000 for fiscal year 2000; 

ø(iii) $80,000,000 for fiscal year 2001; 

ø(iv) $100,000,000 for fiscal year 2002; 

ø(v) $120,000,000 for fiscal year 2003; 

ø(vi) $100,000,000 for fiscal year 2004; and 

ø(vii) $80,000,000 for the period of October 1, 2004, 

through May 31, 2005. 

ø(B) FROM THE GENERAL FUND.—In addition to amounts 

made available under subparagraph (A), there are authorized to be appropriated to carry out this section— 

ø(i) $10,000,000 for fiscal year 1999; 

ø(ii) $15,000,000 for fiscal year 2000; 

ø(iii) $20,000,000 for fiscal year 2001; 

ø(iv) $25,000,000 for fiscal year 2002; 

ø(v) $30,000,000 for fiscal year 2003; 

ø(vi) $25,000,000 for fiscal year 2004; and 

ø(vii) $20,000,000 for the period of October 1, 2004, 

through May 31, 2005. 

ø(C) ADDITIONAL AMOUNTS.—In addition to amounts 

made available under subparagraphs (A) and (B)under the 

Transportation Discretionary Spending Guarantee for the 

Mass Transit Category, there are authorized to be appropriated to carry out this section— 

590 

ø(i) $100,000,000 for fiscal year 1999; 

ø(ii) $75,000,000 for fiscal year 2000; 

ø(iii) $50,000,000 for fiscal year 2001; and 

ø(iv) $25,000,000 for fiscal year 2002. 

ø(2) SET-ASIDE FOR REVERSE COMMUTE PROJECTS.—Of 

amounts made available by or appropriated under subparagraphs (A) and (B) of paragraph (1) to carry out this section 

in each fiscal year, not more than $10,000,000 shall be used for 

grants for reverse commute projects; except that in the period 

of October 1, 2004, through May 31, 2005, not more than 

$6,666,667 shall be used for such projects. 

ø(3) ALLOCATION.—The amounts made available by or appropriated under paragraph (1) to carry out this section in each 

fiscal year shall be allocated as follows: 

ø(A) 60 percent shall be allocated for eligible projects in 

urbanized areas with populations of at least 200,000. 

ø(B) 20 percent shall be allocated for eligible projects in 

urbanized areas with populations of less than 200,000. 

ø(C) 20 percent shall be allocated for eligible projects in 

areas other than urbanized areas. 

ø(4) TRANSFER IN FISCAL YEAR 2004.—Of the funds made 

available or appropriated under paragraph (1) for fiscal year 

2004, prior to the allocation under paragraph (3), $20,000,000 

shall be administered under the provisions of section 5309 of 

title 49, United States Code.¿ 

øSEC. 3038. RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE 

PROGRAM.¿ 

SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM. 

(a) * * * 

* * * * * * * 

ø(e) FEDERAL SHARE OF COSTS.—The Federal share of costs 

under this section shall be provided from funds made available to 

carry out this section. The Federal share of the costs for a project 

shall not exceed 90 percent of the project cost.¿ 

(e) FEDERAL SHARE OF COSTS.—The Federal share of costs under 

this section shall be provided from funds made available to carry 

out this section. The Federal share of the costs for a project shall 

not exceed 80 percent of the project cost. 

* * * * * * * 

ø(g) FUNDING.— 

ø(1) INTERCITY, FIXED-ROUTE OVER-THE-ROAD BUS SERVICE.— 

Of amounts made available by or appropriated under section 

5338(a)(2) of title 49, United States Code (before allocation 

under section 5338(a)(2)(C) of that title), the following amounts 

shall be available for operators of over-the-road buses used 

substantially or exclusively in intercity, fixed-route over-theroad bus service to finance the incremental capital and training costs of the Department of Transportation’s final rule regarding accessibility of over-the-road buses: 

ø(A) $2,000,000 for fiscal year 1999. 

ø(B) $2,000,000 for fiscal year 2000. 

ø(C) $3,000,000 for fiscal year 2001. 

ø(D) $5,250,000 for fiscal year 2002. 

591 

ø(E) $5,250,000 for fiscal year 2003. 

ø(F) $5,250,000 for fiscal year 2004. 

ø(G) $3,500,000 for the period of October 1, 2004, 

through May 31, 2005. 

Such sums shall remain available until expended. 

ø(2) OTHER OVER-THE-ROAD BUS SERVICE.—Of amounts made 

available by or appropriated under section 5338(a)(2) of title 

49, United States Code (before allocation under section 

5338(a)(2)(C) of that title), $1,700,000 shall be available for 

each of fiscal years 2000 through 2004 (and $1,133,333 shall 

be available for the period of October 1, 2004, through May 31, 

2005) for operators of other over-the-road bus service to finance 

the incremental capital and training costs of the Department 

of Transportation’s final rule regarding accessibility of overthe-road buses. Such sums shall remain available until expended.¿ 

(g) FUNDING.— 

(1) INTERCITY, FIXED ROUTE OVER-THE-ROAD BUS SERVICE.— Of the amounts made available to carry out this section in each 

fiscal year, 75 percent shall be available for operators of overthe-road buses used substantially or exclusively in intercity, 

fixed-route over-the-road bus service to finance the incremental 

capital and training costs of the Department of Transportation’s 

final rule regarding accessibility of over-the-road buses. Such 

amounts shall remain available until expended. 

(2) OTHER OVER-THE-ROAD BUS SERVICE.—Of the amounts 

made available to carry out this section in each fiscal year, 25 

percent shall be available for operators of other over-the-road 

bus service to finance the incremental capital and training costs 

of the Department of Transportation’s final rule regarding accessibility of over-the-road buses. Such amounts shall remain 

available until expended. 

* * * * * * * 

TITLE V—TRANSPORTATION RESEARCH 

* * * * * * * 

Subtitle B—Research and Technology 

* * * * * * * 

SEC. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION PROGRAM. 

(a) * * * 

(b) CONTENTS OF PROGRAM.— (1) * * * 

* * * * * * * 

(3) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.— 

(A) * * * 

* * * * * * * 

(E) USE OF RIGHTS-OF-WAY.— 

592 

(i) IN GENERAL.—An intelligent transportation system project described in paragraph (3), and an intelligent transportation system project described in paragraph (6), that involves privately owned intelligent 

transportation system components and is carried out 

using funds made available from the Highway Trust 

Fund (other than the Mass Transit Account) 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 funds from the Highway Trust Fund (other 

than the Mass Transit Account) have been used for 

planning, design, construction, or maintenance if the 

Secretary determines that such use is in the public interest. 

(ii) LIMITATION ON STATUTORY CONSTRUCTION.— 

Nothing in this subparagraph shall be construed to affect the authority of a State, or political subdivision of 

a State, to regulate highway safety. 

ø(E)¿ (F) DEFINITIONS.—In this paragraph: 

(i) * * * 

* * * * * * * 

ø(F)¿ (G) FUNDING.—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. 

ø(G)¿ (H) 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. 

* * * * * * * 

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 

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. 

593 

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 

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 EDUCATIONAL ENTITIES.—The Secretary shall carry out the intelligent 

transportation system program in cooperation with State and local 

594 

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.— 

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 InVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00596 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
595 

stitute’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.— 

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; 

596 

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 development 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 

597 

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). 

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 

598 

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 costbenefit 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 

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599 

modal 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 

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 

600 

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.— 

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 

601 

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.— 

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 

602 

the implementation of an intelligent transportation system 

project. 

ø(c) LIFE CYCLE COST ANALYSIS AND FINANCING AND OPERATIONS

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 NET- WORKS.—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 

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— 

603 

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. 

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.¿ 

* * * * * * * 

604 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

SUBTITLE I—DEPARTMENT OF 

TRANSPORTATION 

* * * * * * * 

CHAPTER 1—ORGANIZATION 

* * * * * * * 

§ 102. Department of Transportation 

(a) * * * 

* * * * * * * 

(f) DEPUTY ASSISTANT SECRETARY FOR TRIBAL GOVERNMENT AF- FAIRS.—The Department of Transportation shall have, within the 

office of the Secretary, a Deputy Assistant Secretary for Tribal Government Affairs appointed by the President to plan, coordinate, and 

implement the Department of Transportation policy and programs 

serving Indian tribes and tribal organizations and to coordinate 

tribal transportation programs and activities in all offices and administrations of the Department and to be a participant in any negotiated rulemaking related to, or has impact on, projects, programs, or funding associated with the tribal transportation program. 

ø(f)¿ (g) The Department shall have a seal that shall be judicially 

recognized. 

ø(g)¿ (h) The Department has an Associate Deputy Secretary appointed by the President, by and with the advice and consent of the 

Senate. The Associate Deputy Secretary shall carry out powers and 

duties prescribed by the Secretary. 

* * * * * * * 

ø§ 111. Bureau of Transportation Statistics 

ø(a) ESTABLISHMENT.—There is established in the Research and 

Innovative Technology Administration a Bureau of Transportation 

Statistics. 

ø(b) DIRECTOR.— 

ø(1) APPOINTMENT.—The Bureau shall be headed by a Director who shall be appointed in the competitive service by the 

Secretary. 

ø(2) QUALIFICATIONS.—The Director shall be appointed from 

among individuals who are qualified to serve as the Director 

by virtue of their training and experience in the compilation 

and analysis of transportation statistics. 

ø(c) RESPONSIBILITIES.—The Director of the Bureau shall be responsible for carrying out the following duties: 

ø(1) COMPILING TRANSPORTATION STATISTICS.—Compiling, 

analyzing, and publishing a comprehensive set of transportation statistics to provide timely summaries and totals (including industrywide aggregates and multiyear averages) of 

transportation-related information. Such statistics shall be 

suitable for conducting cost-benefit studies (including compariVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00606 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
605 

sons among individual transportation modes and intermodal 

transport systems) and shall include information on— 

ø(A) productivity in various parts of the transportation 

sector; 

ø(B) traffic flows; 

ø(C) travel times; 

ø(D) vehicle weights; 

ø(E) variables influencing traveling behavior, including 

choice of transportation mode; 

ø(F) travel costs of intracity commuting and intercity 

trips; 

ø(G) availability of mass transit and the number of passengers served by each mass transit authority; 

ø(H) frequency of vehicle and transportation facility repairs and other interruptions of transportation service; 

ø(I) accidents; 

ø(J) collateral damage to the human and natural environment; 

ø(K) the condition of the transportation system; and 

ø(L) transportation-related variables that influence global competitiveness. 

ø(2) IMPLEMENTING LONG-TERM DATA COLLECTION PROGRAM.—Establishing and implementing, in cooperation with 

the modal administrators, the States, and other Federal officials a comprehensive, long-term program for the collection and 

analysis of data relating to the performance of the transportation systems of the United States. Such program shall— 

ø(A) be coordinated with efforts to measure outputs and 

outcomes of the Department of Transportation and the 

transportation systems of the United States under the 

Government Performance and Results Act of 1993 (107 

Stat. 285 et seq.) and the amendments made by such Act; 

ø(B) ensure that data is collected under this subsection 

in a manner which will maximize the ability to compare 

data from different regions and for different time periods; 

and 

ø(C) ensure that data collected under this subsection is 

controlled for accuracy, made relevant to the States and 

metropolitan planning organizations, and disseminated to 

the States and other interested parties. 

ø(3) ISSUING GUIDELINES.—Issuing guidelines for the collection of information by the Department of Transportation required for statistics to be compiled under paragraph (1) in 

order to ensure that such information is accurate, reliable, relevant, and in a form that permits systematic analysis. The Bureau shall review and report to the Secretary of Transportation 

on the sources and reliability of the statistics proposed by the 

heads of the operating administrations of the Department to 

measure outputs and outcomes as required by the Government 

Performance and Results Act of 1993, and the amendments 

made by such Act, and shall carry out such other reviews of 

the sources and reliability of other data collected by the heads 

of the operating administrations of the Department as shall be 

requested by the Secretary. 

606 

ø(4) COORDINATING COLLECTION OF INFORMATION.—Coordinating the collection of information by the Department of 

Transportation required for statistics to be compiled under 

paragraph (1) with related information-gathering activities 

conducted by other Federal departments and agencies and collecting appropriate data not elsewhere gathered. 

ø(5) MAKING STATISTICS ACCESSIBLE.—Making the statistics 

published under this subsection readily accessible. 

ø(6) IDENTIFYING INFORMATION NEEDS.—Identifying information that is needed under paragraph (1) but which is not being 

collected, reviewing such needs at least annually with the Advisory Council on Transportation Statistics, and making recommendations to appropriate Department of Transportation 

research officials concerning extramural and intramural research programs to provide such information. 

ø(7) SUPPORTING TRANSPORTATION DECISIONMAKING.—Ensuring that the statistics compiled under paragraph (1) are relevant for transportation decisionmaking by the Federal Government, State and local governments, transportation-related 

associations, private businesses, and consumers. 

ø(d) INTERMODAL TRANSPORTATION DATA BASE.— 

ø(1) IN GENERAL.—In consultation with the Associate Deputy 

Secretary, the Assistant Secretaries, and the heads of the operating administrations of the Department of Transportation, the 

Director shall establish and maintain a transportation data 

base for all modes of transportation. 

ø(2) USE.—The data base shall be suitable for analyses carried out by the Federal Government, the States, and metropolitan planning organizations. 

ø(3) CONTENTS.—The data base shall include— 

ø(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation and 

intermodal combinations, and by relevant classification; 

ø(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes) and intermodal combinations, and by relevant classification; 

ø(C) information on the location and connectivity of 

transportation facilities and services; and 

ø(D) a national accounting of expenditures and capital 

stocks on each mode of transportation and intermodal combination. 

ø(e) NATIONAL TRANSPORTATION LIBRARY.— 

ø(1) IN GENERAL.—The Director shall establish and maintain 

a National Transportation Library, which shall contain a collection of statistical and other information needed for transportation decisionmaking at the Federal, State, and local levels. 

ø(2) ACCESS.—The Director shall facilitate and promote access to the Library, with the goal of improving the ability of 

the transportation community to share information and the 

ability of the Director to make statistics readily accessible 

under subsection (c)(5). 

607 

ø(3) COORDINATION.—The Director shall work with other 

transportation libraries and other transportation information 

providers, both public and private, to achieve the goal specified 

in paragraph (2). 

ø(f) NATIONAL TRANSPORTATION ATLAS DATA BASE.— 

ø(1) IN GENERAL.—The Director shall develop and maintain 

geospatial data bases that depict— 

ø(A) transportation networks; 

ø(B) flows of people, goods, vehicles, and craft over the 

networks; and 

ø(C) social, economic, and environmental conditions that 

affect or are affected by the networks. 

ø(2) INTERMODAL NETWORK ANALYSIS.—The data bases shall 

be able to support intermodal network analysis. 

ø(g) RESEARCH AND DEVELOPMENT GRANTS.— 

ø(1) IN GENERAL.—The Secretary may make grants to, or 

enter into cooperative agreements or contracts with, public and 

nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for— 

ø(A) investigation of the subjects specified in subsection 

(c)(1) and research and development of new methods of 

data collection, management, integration, dissemination, 

interpretation, and analysis; 

ø(B) development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library under subsection (e); and 

ø(C) development and improvement of methods for sharing geographic data, in support of the national transportation atlas data base under subsection (f) and the National Spatial Data Infrastructure developed under Executive Order No. 12906. 

ø(2) LIMITATION.—Not more than $500,000 of the amounts 

made available to carry out this section in a fiscal year may 

be used to carry out this subsection. 

ø(h) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in 

this section shall be construed— 

ø(1) to authorize the Bureau to require any other department or agency to collect data; or 

ø(2) to reduce the authority of any other officer of the Department of Transportation to collect and disseminate data 

independently. 

ø(i) PROHIBITION ON CERTAIN DISCLOSURES.— 

ø(1) IN GENERAL.—An officer or employee of the Bureau may 

not— 

ø(A) make any disclosure in which the data provided by 

an individual or organization under subsection (c)(2) can 

be identified; 

ø(B) use the information provided under subsection (c)(2) 

for a nonstatistical purpose; or 

ø(C) permit anyone other than an individual authorized 

by the Director to examine any individual report provided 

under subsection (c)(2). 

ø(2) PROHIBITION ON REQUESTS FOR CERTAIN DATA.— 

608 

ø(A) GOVERNMENT AGENCIES.—No department, bureau, 

agency, officer, or employee of the United States (except 

the Director in carrying out this section) may require, for 

any reason, a copy of any report that has been filed under 

subsection (c)(2) with the Bureau or retained by an individual respondent. 

ø(B) COURTS.—Any copy of a report described in subparagraph (A) that has been retained by an individual respondent or filed with the Bureau or any of its employees, 

contractors, or agents— 

ø(i) shall be immune from legal process; and 

ø(ii) shall not, without the consent of the individual 

concerned, be admitted as evidence or used for any 

purpose in any action, suit, or other judicial or administrative proceeding. 

ø(C) APPLICABILITY.—This paragraph shall apply only to 

reports that permit information concerning an individual 

or organization to be reasonably inferred by direct or indirect means. 

ø(3) DATA COLLECTED FOR NONSTATISTICAL PURPOSES.—In a 

case in which the Bureau is authorized by statute to collect 

data or information for a nonstatistical purpose, the Director 

shall clearly distinguish the collection of the data or information, by rule and on the collection instrument, so as to inform 

a respondent that is requested or required to supply the data 

or information of the nonstatistical purpose. 

ø(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. 

ø(k) PROCEEDS OF DATA PRODUCT SALES.—Notwithstanding section 3302 of title 31, United States Code, funds received by the Bureau from the sale of 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.¿ 

§ 111. Bureau of Transportation Statistics 

(a) ESTABLISHMENT.—There is established in the Research and 

Innovative Technology Administration a Bureau of Transportation 

Statistics. 

(b) DIRECTOR.— 

(1) APPOINTMENT.—The Bureau shall be headed by a Director 

who shall be appointed in the competitive service by the Secretary. 

(2) QUALIFICATIONS.—The Director shall be appointed from 

among individuals who are qualified to serve as the Director by 

virtue of their training and experience in the collection, analysis, and use of transportation statistics. 

(c) RESPONSIBILITIES.—The Director of the Bureau shall serve as 

the Secretary’s senior advisor on data and statistics, and shall be 

responsible for carrying out the following duties: 

609 

(1) PROVIDING DATA, STATISTICS, AND ANALYSIS TO TRANSPOR- TATION DECISIONMAKERS.—Ensuring that the statistics compiled under paragraph (5) are designed to support transportation decisionmaking by the Federal Government, State and 

local governments, metropolitan planning organizations, transportation-related associations, the private sector (including the 

freight community), and the public. 

(2) COORDINATING COLLECTION OF INFORMATION.—Working 

with the operating administrations of the Department to establish and implement the Bureau’s data programs and to improve 

the coordination of information collection efforts with other Federal agencies. 

(3) DATA MODERNIZATION.—Continually improving surveys 

and data collection methods to improve the accuracy and utility 

of transportation statistics. 

(4) ENCOURAGING DATA STANDARDIZATION.—Encouraging the 

standardization of data, data collection methods, and data 

management and storage technologies for data collected by the 

Bureau, the operating administrations of the Department of 

Transportation, States, local governments, metropolitan planning organizations, and private sector entities. 

(5) COMPILING TRANSPORTATION STATISTICS.—Compiling, 

analyzing, and publishing a comprehensive set of transportation statistics on the performance and impacts of the national 

transportation system, including statistics on— 

(A) productivity in various parts of the transportation 

sector; 

(B) traffic flows for all modes of transportation; 

(C) other elements of the Intermodal Transportation 

Database established under subsection (g); 

(D) travel times and measures of congestion; 

(E) vehicle weights and other vehicle characteristics; 

(F) demographic, economic, and other variables influencing traveling behavior, including choice of transportation mode, and goods movement; 

(G) transportation costs for passenger travel and goods 

movement; 

(H) availability and use of mass transit (including the 

number of passengers served by each mass transit authority) and other forms of for-hire passenger travel; 

(I) frequency of vehicle and transportation facility repairs 

and other interruptions of transportation service; 

(J) safety and security for travelers, vehicles, and transportation systems; 

(K) consequences of transportation for the human and 

natural environment; 

(L) the extent, connectivity, and condition of the transportation system, building on the National Transportation 

Atlas Database developed under subsection (g); and 

(M) transportation-related variables that influence the 

domestic economy and global competitiveness. 

(6) NATIONAL SPATIAL DATA INFRASTRUCTURE.—Building and 

disseminating the transportation layer of the National Spatial 

Data Infrastructure, including coordinating the development of 

transportation geospatial data standards, compiling intermodal 

610 

geospatial data, and collecting geospatial data that is not being 

collected by others. 

(7) ISSUING GUIDELINES.—Issuing guidelines for the collection 

of information by the Department of Transportation required 

for statistics to be compiled under paragraph (5) in order to ensure that such information is accurate, reliable, relevant, and 

in a form that permits systematic analysis. The Bureau shall 

review and report to the Secretary of Transportation on the 

sources and reliability of the statistics proposed by the heads of 

the operating administrations of the Department to measure 

outputs and outcomes as required by the Government Performance and Results Act of 1993, and the amendments made by 

such Act, and shall carry out such other reviews of the sources 

and reliability of other data collected or statistical information 

published by the heads of the operating administrations of the 

Department as shall be requested by the Secretary. 

(8) MAKING STATISTICS ACCESSIBLE.—Making the statistics 

published under this subsection readily accessible. 

(d) INFORMATION NEEDS ASSESSMENT.— 

(1) IN GENERAL.—Within 60 days after the date of the enactment of the Transportation Equity Act: A Legacy for Users, the 

Secretary shall enter into an arrangement with the National 

Research Council to develop and publish a National Transportation Information Needs Assessment (referred to in this subsection as the ‘‘Assessment’’). The Assessment shall be transmitted to the Secretary and the Congress not later than 24 

months after such arrangement is entered into. 

(2) CONTENT.—The Assessment shall— 

(A) identify, in priority order, transportation data that is 

not being collected by the Bureau, Department of Transportation operating administrations, or other Federal, State, or 

local entities, but is needed to improve transportation decisionmaking at the Federal, State, and local level and to fulfill the requirements of subsection (c)(5); 

(B) recommend whether the data identified in subparagraph (A) should be collected by the Bureau, other parts of 

the Department, or by other Federal, State, or local entities, 

and whether any data is a higher priority than data currently being collected; 

(C) identify any data the Bureau or other Federal, State, 

and local entities is collecting that is not needed; 

(D) describe new data collection methods (including 

changes in surveys) and other changes the Bureau or other 

Federal, State, and local entities should implement to improve the standardization, accuracy, and utility of transportation data and statistics; and 

(E) estimate the cost of implementing any recommendations. 

(3) CONSULTATION.—In developing the Assessment, the National Research Council shall consult with the Department’s 

Advisory Council on Transportation Statistics and a representative cross-section of transportation community stakeholders as 

well as other Federal agencies, including the Environmental 

Protection Agency, the Department of Energy, and the Department of Housing and Urban Development. 

611 

(4) REPORT TO CONGRESS.—Not later than 6 months after the 

National Research Council transmits the Assessment under 

paragraph (1), the Secretary shall transmit a report to Congress 

that describes— 

(A) how the Department plans to fill the data gaps identified under paragraph (2)(A); 

(B) how the Department plans to stop collecting data 

identified under paragraph (2)(C); 

(C) how the Department plans to implement improved 

data collection methods and other changes identified under 

paragraph (2)(D); 

(D) the expected costs of implementing subparagraphs 

(A), (B), and (C) of this paragraph; 

(E) any findings of the Assessment under paragraph (1) 

with which the Secretary disagrees, and why; and 

(F) any proposed statutory changes needed to implement 

the findings of the Assessment under paragraph (1). 

(e) INTERMODAL TRANSPORTATION DATA BASE.— (1) IN GENERAL.—In consultation with the Under Secretary 

for Policy, the Assistant Secretaries, and the heads of the operating administrations of the Department of Transportation, the 

Director shall establish and maintain a transportation data 

base for all modes of transportation. 

(2) USE.—The data base shall be suitable for analyses carried 

out by the Federal Government, the States, and metropolitan 

planning organizations. 

(3) CONTENTS.—The data base shall include— 

(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation and 

intermodal combinations, and by relevant classification; 

(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes) and intermodal combinations, and by relevant classification; 

(C) information on the location and connectivity of transportation facilities and services; and 

(D) a national accounting of expenditures and capital 

stocks on each mode of transportation and intermodal combination. 

(f) NATIONAL TRANSPORTATION LIBRARY.— 

(1) IN GENERAL.—The Director shall establish and maintain 

a National Transportation Library, which shall contain a collection of statistical and other information needed for transportation decisionmaking at the Federal, State, and local levels. 

(2) ACCESS.—The Director shall facilitate and promote access 

to the Library, with the goal of improving the ability of the 

transportation community to share information and the ability 

of the Director to make statistics readily accessible under subsection (c)(8). 

(3) COORDINATION.—The Director shall work with other 

transportation libraries and other transportation information 

providers, both public and private, to achieve the goal specified 

in paragraph (2). 

612 

(g) NATIONAL TRANSPORTATION ATLAS DATA BASE.— 

(1) IN GENERAL.—The Director shall develop and maintain 

geospatial data bases that depict— 

(A) transportation networks; 

(B) flows of people, goods, vehicles, and craft over the networks; and 

(C) social, economic, and environmental conditions that 

affect or are affected by the networks. 

(2) INTERMODAL NETWORK ANALYSIS.—The data bases shall 

be able to support intermodal network analysis. 

(h) MANDATORY RESPONSE AUTHORITY FOR FREIGHT DATA COLLECTION.—Whoever, being the owner, official, agent, person in 

charge, or assistant to the person in charge of any corporation, company, business, institution, establishment, or organization of any 

nature whatsoever, neglects or refuses, when requested by the Director or other authorized officer, employee, or contractor of the Bureau, to answer completely and correctly to the best of his or her 

knowledge all questions relating to the corporation, company, business, institution, establishment, or other organization, or to make 

available records or statistics in his or her official custody, contained in a data collection request prepared and submitted under 

the authority of subsection (c)(1), shall be fined not more than $500; 

but if he or she willfully gives a false answer to such a question, 

he or she shall be fined not more than $10,000. 

(i) RESEARCH AND DEVELOPMENT GRANTS.—The Secretary may 

make grants to, or enter into cooperative agreements or contracts 

with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and 

institutions of higher education) for— 

(1) investigation of the subjects specified in subsection (c)(5) 

and research and development of new methods of data collection, standardization, management, integration, dissemination, 

interpretation, and analysis; 

(2) demonstration programs by States, local governments, 

and metropolitan planning organizations to harmonize data 

collection, reporting, management, storage, and archiving to 

simplify data comparisons across jurisdictions; 

(3) development of electronic clearinghouses of transportation 

data and related information, as part of the National Transportation Library under subsection (f); and 

(4) development and improvement of methods for sharing geographic data, in support of the national transportation atlas 

data base under subsection (g) and the National Spatial Data 

Infrastructure developed under Executive Order No. 12906. 

(j) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed— 

(1) to authorize the Bureau to require any other department 

or agency to collect data; or 

(2) to reduce the authority of any other officer of the Department of Transportation to collect and disseminate data independently. 

(k) PROHIBITION ON CERTAIN DISCLOSURES.— 

(1) IN GENERAL.—An officer, employee or contractor of the Bureau may not— 

613 

(A) make any disclosure in which the data provided by 

an individual or organization under subsection (c) can be 

identified; 

(B) use the information provided under subsection (c) for 

a nonstatistical purpose; or 

(C) permit anyone other than an individual authorized 

by the Director to examine any individual report provided 

under subsection (c). 

(2) COPIES OF REPORTS.— (A) IN GENERAL.—No department, bureau, agency, officer, 

or employee of the United States (except the Director in carrying out this section) may require, for any reason, a copy 

of any report that has been filed under subsection (c) with 

the Bureau or retained by an individual respondent. 

(B) LIMITATION ON JUDICIAL PROCEEDINGS.—A copy of a 

report described in subparagraph (A) that has been retained by an individual respondent or filed with the Bureau or any of its employees, contractors, or agents— 

(i) shall be immune from legal process; and 

(ii) shall not, without the consent of the individual 

concerned, be admitted as evidence or used for any 

purpose in any action, suit, or other judicial or administrative proceedings. 

(C) APPLICABILITY.—This paragraph shall apply only to 

reports that permit information concerning an individual 

or organization to be reasonably determined by direct or indirect means. 

(3) INFORMING RESPONDENT OF USE OF DATA.—In a case in 

which the Bureau is authorized by statute to collect data or information for a nonstatistical purpose, the Director shall clearly 

distinguish the collection of the data or information, by rule 

and on the collection instrument, so as to inform a respondent 

that is requested or required to supply the data or information 

of the nonstatistical purpose. 

(l) 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)(5), documentation of methods used to obtain and ensure the quality of the statistics presented in the report, 

and recommendations for improving transportation statistical information. 

(m) DATA ACCESS.—The Director shall have access to transportation and transportation-related information in the possession of 

any Federal agency except information— 

(1) the disclosure of which to another Federal agency is expressly prohibited by law; or 

(2) the disclosure of which the agency so requested determines 

would significantly impair the discharge of authorities and responsibilities which have been delegated to, or vested by law, in 

such agency. 

(n) PROCEEDS OF DATA PRODUCT SALES.—Notwithstanding section 3302 of title 31, funds received by the Bureau from the sale of 

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. 

614 

(o) ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.— 

(1) ESTABLISHMENT.—The Director of the Bureau of Transportation Statistics shall establish an Advisory Council on 

Transportation Statistics. 

(2) FUNCTION.—It shall be the function of the Advisory Council established under this subsection to— 

(A) advise the Director of the Bureau of Transportation 

Statistics on the quality, reliability, consistency, objectivity, 

and relevance of transportation statistics and analyses collected, supported, or disseminated by the Bureau of Transportation Statistics and the Department of Transportation; 

(B) provide input to and review the report to Congress 

under subsection (d)(4); and 

(C) advise the Director on methods to encourage harmonization and interoperability of transportation data collected by the Bureau, the operating administrations of the 

Department of Transportation, States, local governments, 

metropolitan planning organizations, and private sector entities. 

(3) MEMBERSHIP.—The Advisory Council established under 

this subsection shall be composed of not fewer than 9 and not 

more than 11 members appointed by the Director, who are not 

officers or employees of the United States. Each member shall 

have expertise in transportation data collection or analysis or 

application; except that 1 member shall have expertise in economics, 1 member shall have expertise in statistics, and 1 member shall have experience in transportation safety. At least 1 

member shall be a senior official of a State department of transportation. Members shall include representation of a cross-section of transportation community stakeholders. 

(4) TERMS OF APPOINTMENT.—(A) Except as provided in subparagraph (B), members shall be appointed to staggered terms 

not to exceed 3 years. A member may be renominated for one 

additional 3-year term. 

(B) Members serving on the Advisory Council on Transportation Statistics as of the date of enactment of the Transportation Equity Act: A Legacy for Users shall serve until the end 

of their appointed terms. 

(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

The Federal Advisory Committee Act shall apply to the Advisory Council established under this subsection, except that section 14 of such Act shall not apply to such Advisory Council. 

* * * * * * * 

§ 113. Federal Motor Carrier Safety Administration 

(a) * * * 

* * * * * * * 

(j) MEDICAL REVIEW BOARD.— 

(1) ESTABLISHMENT AND FUNCTION.—The Administrator shall 

establish a Medical Review Board as an advisory committee to 

provide the Administration with medical advice and recommendations on driver qualification medical standards and 

guidelines, medical examiner education, and medical research. 

615 

(2) COMPOSITION.—The Medical Review Board shall consist 

of 5 members appointed for a term not to exceed 3 years by the 

Secretary from medical institutions and private medical practice. The membership shall reflect expertise in a variety of medical specialties relevant to the functions of the Administration. 

* * * * * * * 

CHAPTER 3—GENERAL DUTIES AND POWERS 

* * * * * * * 

SUBCHAPTER I—DUTIES OF THE SECRETARY OF 

TRANSPORTATION 

* * * * * * * 

§ 303. Policy on lands, wildlife and waterfowl refuges, and 

historic sites 

(a) * * * 

* * * * * * * 

(d) SPECIAL RULES FOR HISTORIC SITES.— 

(1) IN GENERAL.—The requirements of this section are deemed 

to be satisfied in any case in which the treatment of a historic 

site has been agreed upon in accordance with section 106 of the 

National Historic Preservation Act (16 U.S.C. 470f) and the 

agreement includes a determination that the program or project 

will not have an adverse effect on the historic site. 

(2) LIMITATION ON APPLICABILITY.—This subsection does not 

apply in any case in which the Advisory Council on Historic 

Preservation determines, concurrent with or prior to the conclusion of section 106 consultation, that allowing section 106 compliance to satisfy the requirements of this section would be inconsistent with the objectives of the National Historic Preservation Act. The Council shall make such a determination if petitioned to do so by a section 106 consulting party, unless the 

Council affirmatively finds that the views of the requesting 

party have been adequately considered and that section 106 

compliance will adequately protect historic properties. 

(3) DEFINITIONS.—In this subsection, the following definitions 

apply: 

(A) SECTION 106 CONSULTATION.—The term ‘‘section 106 

consultation’’ means the consultation process required 

under section 106 of the National Historic Preservation Act 

(16 U.S.C. 470f). 

(B) ADVERSE EFFECT.—The term ‘‘adverse effect’’ means 

altering, directly or indirectly, any of the characteristics of 

a historic property that qualify the property for inclusion in 

the National Register in a manner that would diminish the 

integrity of the property’s location, design, setting, materials, workmanship, feeling, or association. 

* * * * * * * 

616 

SUBCHAPTER III—MISCELLANEOUS 

§ 351. Judicial review of actions in carrying out certain 

transferred duties and powers 

(a) JUDICIAL REVIEW.—An action of the Secretary of Transportation in carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), 

or an action of the Administrator of the Federal Railroad Administration, the øFederal Highway Administration¿ Federal Motor Carrier Safety Administration, or the Federal Aviation Administration 

in carrying out a duty or power specifically assigned to the Administrator by that Act, may be reviewed judicially to the same extent 

and in the same way as if the action had been an action by the 

department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the 

transfer or assignment. 

* * * * * * * 

§ 352. Authority to carry out certain transferred duties and 

powers 

In carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), the 

Secretary of Transportation and the Administrators of the Federal 

Railroad Administration, the øFederal Highway Administration¿ 

Federal Motor Carrier Safety Administration, and the Federal Aviation Administration have the same authority that was vested in the 

department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the 

transfer. An action of the Secretary or Administrator in carrying 

out the duty or power has the same effect as when carried out by 

the department, agency, or instrumentality. 

* * * * * * * 

CHAPTER 5—SPECIAL AUTHORITY 

* * * * * * * 

SUBCHAPTER II—PENALTIES 

* * * * * * * 

§ 521. Civil penalties 

(a) * * * 

ø(b)(1)(A) If the Secretary¿ 

(b) VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE SAFETY REGULATION AND OPERATORS.— 

(1) NOTICE.— 

(A) IN GENERAL.—If the Secretary finds that a violation 

of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 

31305(b), 31310(g)(1)(A), or 31502 of this title, or a violation of a regulation issued under any of those provisions, 

has occurred, the Secretary shall issue a written notice to 

the violator. Such notice shall describe with reasonable 

particularity the nature of the violation found and the proVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00618 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
617 

vision which has been violated. The notice shall specify the 

proposed civil penalty, if any, and suggest actions which 

might be taken in order to abate the violation. The notice 

shall indicate that the violator may, within 15 days of 

service, notify the Secretary of the violator’s intention to 

contest the matter. In the event of a contested notice, the 

Secretary shall afford such violator an opportunity for a 

hearing, pursuant to section 554 of title 5, following which 

the Secretary shall issue an order affirming, modifying, or 

vacating the notice of violation. 

* * * * * * * 

(2) CIVIL PENALTY.— (A) * * * 

(B) RECORDKEEPING AND REPORTING VIOLATIONS.—A person required to make a report to the Secretary, answer a 

question, or make, prepare, or preserve a record under section 504 of this title or under any regulation issued by the 

Secretary pursuant to subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this 

title about transportation by motor carrier, motor carrier 

of migrant workers, or motor private carrier, or an officer, 

agent, or employee of that person— 

(i) who does not make that report, does not specifically, completely, and truthfully answer that question 

in 30 days from the date the Secretary requires the 

question to be answered, or does not make, prepare, or 

preserve that record in the form and manner prescribed by the Secretary, shall be liable to the United 

States for a civil penalty in an amount not to exceed 

ø$500¿ $1,000 for each offense, and each day of the 

violation shall constitute a separate offense, except 

that the total of all civil penalties assessed against 

any violator for all offenses related to any single violation shall not exceed ø$5,000¿ $10,000; or 

(ii) who knowingly falsifies, destroys, mutilates, or 

changes a required report or record, knowingly files a 

false report with the Secretary, knowingly makes or 

causes or permits to be made a false or incomplete 

entry in that record about an operation or business 

fact or transaction, or knowingly makes, prepares, or 

preserves a record in violation of a regulation or order 

of the Secretary, shall be liable to the United States 

for a civil penalty in an amount not to exceed ø$5,000¿ 

$10,000 for each violation, if any such action can be 

shown to have misrepresented a fact that constitutes 

a violation other than a reporting or recordkeeping 

violation. 

* * * * * * * 

(E) COPYING OF RECORDS AND ACCESS TO EQUIPMENT, 

LANDS, AND BUILDINGS.—A person subject to chapter 51 or 

part B of subtitle VI who fails to allow the Secretary, or an 

employee designated by the Secretary, promptly upon demand to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property in acVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00619 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
618 

cordance with section 504(c), 5121(c), or 14122(b) shall be 

liable to the United States for a civil penalty not to exceed 

$1,000 for each offense. Each day the Secretary is denied 

the right to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property 

shall constitute a separate offense; except that the total of 

all civil penalties against any violator for all offenses related to a single violation shall not exceed $10,000. It shall 

be a defense to such penalty that the records did not exist 

at the time of the Secretary’s request or could not be timely 

produced without unreasonable expense or effort. Nothing 

in this subparagraph shall be construed as amending or 

superseding any remedy available to the Secretary under 

section 502(d), section 507(c), or any other provision of this 

title. 

* * * * * * * 

SUBTITLE III—GENERAL AND INTERMODAL 

PROGRAMS 

CHAPTER Sec. 

51. TRANSPORTATION OF HAZARDOUS MATERIAL ............................. 5101 

52. TRANSPORTATION PLANNING AND PROJECT DELIVERY ........... 5201 

53. øMASS¿ PUBLIC TRANSPORTATION ................................................... 5301 

* * * * * * * 

CHAPTER 51—TRANSPORTATION OF HAZARDOUS 

MATERIAL 

Sec. 

5101. Purpose. 

* * * * * * * 

ø5111. Rail tank cars.¿ 

* * * * * * * 

ø5117. Exemptions and exclusions. 

ø5118. Inspectors.¿ 

5117. Special permits and exclusions. 

* * * * * * * 

ø5127. Authorization of appropriations.¿ 

5127. Judicial review. 

5128. Authorization of appropriations. 

§ 5101. Purpose 

øThe purpose of this chapter is to provide adequate protection 

against the risks to life and property inherent in the transportation 

of hazardous material in commerce by improving the regulatory 

and enforcement authority of the Secretary of Transportation.¿ The 

purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of 

hazardous material in intrastate, interstate, and foreign commerce. 

§ 5102. Definitions 

In this chapter— 

(1) ‘‘commerce’’ means trade or transportation in the jurisdiction of the United States— 

619 

(A) between a place in a State and a place outside of the 

State; øor¿ 

(B) that affects trade or transportation between a place 

in a State and a place outside of the Stateø.¿; or 

(C) on a United States registered aircraft. 

(2) ‘‘hazardous material’’ means a substance or material the 

Secretary øof Transportation¿ designates under section 5103(a) 

of this title. 

* * * * * * * 

(8) ‘‘ønational response team¿ National Response Team’’ 

means the ønational response team¿ National Response Team 

established under the national contingency plan established 

under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

9605). 

* * * * * * * 

(11) ‘‘Secretary’’ means the Secretary of Transportation. 

ø(11)¿ (12) ‘‘State’’ means— 

(A) * * * 

* * * * * * * 

ø(12)¿ (13) ‘‘transports’’ or ‘‘transportation’’ means the movement of property and loading, unloading, or storage incidental 

to the movement. 

ø(13)¿ (14) ‘‘United States’’ means all of the States. 

§ 5103. General regulatory authority 

(a) DESIGNATING MATERIAL AS HAZARDOUS.—The Secretary øof 

Transportation¿ shall designate material (including an explosive, 

radioactive material, øetiologic agent,¿ infectious substance, flammable or combustible liquid or solid, øpoison,¿ toxic, oxidizing or 

corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary decides that transporting 

the material in commerce in a particular amount and form may 

pose an unreasonable risk to health and safety or property. 

(b) REGULATIONS FOR SAFE TRANSPORTATION.—(1) The Secretary 

shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign 

commerce. The regulations— 

(A) apply to a person— 

(i) øtransporting¿ that transports hazardous material in 

commerce; 

(ii) øcausing¿ that causes hazardous material to be 

transported in commerce; øor¿ 

ø(iii) manufacturing, fabricating, marking, maintaining, 

reconditioning, repairing, or testing a packaging or a container that is represented, marked, certified, or sold by 

that person as qualified for use in transporting hazardous 

material in commerce; and¿ 

(iii) that designs, manufactures, fabricates, inspects, 

marks, maintains, reconditions, repairs, or tests a package 

or container that is represented, marked, certified, or sold 

by that person as qualified for use in transporting hazardous material in commerce; 

620 

(iv) that prepares or accepts hazardous material for 

transportation in commerce; 

(v) that is responsible for the safety of transporting hazardous material in commerce; 

(vi) that certifies compliance with any requirement of this 

chapter; or 

(vii) that misrepresents whether the person is engaged in 

any of the activities described in this subparagraph; and 

* * * * * * * 

(2) A proceeding to prescribe the regulations must be conducted 

under section 553 of title 5, including an opportunity for informal 

oral presentation. 

ø(C)¿ (3) CONSULTATION.—When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary. 

§ 5103a. Limitation on issuance of hazmat licenses 

(a) LIMITATION.— (1) ISSUANCE OF LICENSES.—A State may not issue to any individual a license to operate a motor vehicle transporting in 

commerce a hazardous material unless the Secretary øof 

Transportation¿ has first determined, upon receipt of a notification under subsection (c)(1)(B), that the individual does not 

pose a security risk warranting denial of the license. 

(2) RENEWALS INCLUDED.—For the purposes of this section, 

the term ‘‘issue’’, with respect to a license, includes renewal of 

the license. 

(b) HAZARDOUS MATERIALS DESCRIBED.—The limitation in subsection (a) shall apply with respect to— 

(1) any material defined as a hazardous material by the Secretary øof Transportation¿; and 

(2) any chemical or biological material or agent determined 

by the Secretary of Health and Human Services or the Attorney General as being a threat to the national security of the 

United States. 

(c) BACKGROUND RECORDS CHECK.— 

(1) IN GENERAL.—Upon the request of a State regarding 

issuance of a license described in subsection (a)(1) to an individual, the Attorney General— 

(A) * * * 

(B) upon completing the background records check, shall 

notify the Secretary øof Transportation¿ of the completion 

and results of the background records check. 

(2) SCOPE.—A background records check regarding an individual under øthis subsection¿ paragraph (1) shall consist of 

the following: 

(A) * * * 

* * * * * * * 

(3) STANDARDS.—The Secretary shall prescribe by regulation 

uniform standards (including standards used to disqualify applicants) governing— 

(A) the collection by States of background information 

authorized by paragraph (1); 

621 

(B) the collection, transmission, and review of background information; and 

(C) the notification of an applicant of the results of the 

background check. 

(4) FEES.—A State may impose and collect an appropriate fee 

to carry out paragraph (1) consistent with section 5125(f). 

(5) OPERATORS REGISTERED IN MEXICO AND CANADA.—No operator of a commercial motor vehicle (as defined in section 

31101) licensed in Mexico or Canada may operate in the United 

States a commercial motor vehicle transporting hazardous material until the operator has undergone a background records 

check similar to the background records check required of operators of commercial motor vehicles licensed in the United States 

to transport hazardous materials. 

(d) REPORTING REQUIREMENT.—Each State shall submit to the 

Secretary øof Transportation¿, at such time and in such manner as 

the Secretary may prescribe, the name, address, and such other information as the Secretary may require, concerning— 

(1) * * * 

* * * * * * * 

§ 5104. Representation and tampering 

(a) REPRESENTATION.—øA¿ No person may represent, by marking 

or otherwise, that— 

(1) a container, package, or packaging (or a component of a 

container, package, or packaging) for transporting hazardous 

material is safe, certified, or complies with this chapter øonly 

if the container, package, or packaging (or a component of a 

container, package, or packaging) meets¿ if it does not conform 

to the requirements of each applicable regulation prescribed 

under this chapter; or 

(2) hazardous material is present in a package, container, 

motor vehicle, rail freight car, aircraft, or vessel øonly if¿ unless the material is present. 

(b) TAMPERING.—øA person may not¿ No person may alter, remove, destroy, or otherwise tamper unlawfully with— 

(1) * * * 

* * * * * * * 

§ 5105. Transporting certain highly radioactive material 

(a) * * * 

(b) TRANSPORTATION SAFETY STUDY.—In consultation with the 

Secretary of Energy, the Nuclear Regulatory Commission, potentially affected States and Indian tribes, representatives of the rail 

transportation industry, and shippers of high-level radioactive 

waste and spent nuclear fuel, the Secretary øof Transportation¿ 

shall conduct a study comparing the safety of using trains operated 

only to transport high-level radioactive waste and spent nuclear 

fuel with the safety of using other methods of rail transportation 

for transporting that waste and fuel. The Secretary øof Transportation¿ shall submit to Congress not later than November 16, 1991, 

a report on the results of the study. 

(c) SAFE RAIL TRANSPORTATION REGULATIONS.—Not later than 

November 16, 1992, after considering the results of the study conVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00623 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
622 

ducted under subsection (b) of this section, the Secretary øof Transportation¿ shall prescribe amendments to existing regulations that 

the Secretary considers appropriate to provide for the safe rail 

transportation of high-level radioactive waste and spent nuclear 

fuel, including trains operated only for transporting high-level radioactive waste and spent nuclear fuel. 

ø(d) ROUTES AND MODES STUDY.—Not later than November 16, 

1991, the Secretary of Transportation shall conduct a study to decide which factors, if any, shippers and carriers should consider 

when selecting routes and modes that would enhance overall public 

safety related to the transportation of high-level radioactive waste 

and spent nuclear fuel. The study shall include— 

ø(1) notice and opportunity for public comment; and 

ø(2) an assessment of the degree to which at least the following affect the overall public safety of the transportation: 

ø(A) population densities. 

ø(B) types and conditions of modal infrastructures (including highways, railbeds, and waterways). 

ø(C) quantities of high-level radioactive waste and spent 

nuclear fuel. 

ø(D) emergency response capabilities. 

ø(E) exposure and other risk factors. 

ø(F) terrain considerations. 

ø(G) continuity of routes. 

ø(H) available alternative routes. 

ø(I) environmental impact factors.¿ 

ø(e)¿ (d) INSPECTIONS OF MOTOR VEHICLES TRANSPORTING CER- TAIN MATERIAL.—(1) Not later than November 16, 1991, the Secretary øof Transportation¿ shall require by regulation that before 

each use of a motor vehicle to transport a highway-route-controlled 

quantity of radioactive material in commerce, the vehicle shall be 

inspected and certified as complying with this chapter and applicable United States motor carrier safety laws and regulations. The 

Secretary may require that the inspection be carried out by an authorized United States Government inspector or according to appropriate State procedures. 

(2) The Secretary øof Transportation¿ may allow a person, transporting or causing to be transported a highway-route-controlled 

quantity of radioactive material, to inspect the motor vehicle used 

to transport the material and to certify that the vehicle complies 

with this chapter. The inspector qualification requirements the Secretary prescribes for an individual inspecting a motor vehicle apply 

to an individual conducting an inspection under this paragraph. 

§ 5106. Handling criteria 

The Secretary øof Transportation¿ may prescribe criteria for 

handling hazardous material, including— 

(1) * * * 

* * * * * * * 

§ 5107. Hazmat employee training requirements and grants 

(a) TRAINING REQUIREMENTS.—The Secretary øof Transportation¿ shall prescribe by regulation requirements for training that 

a hazmat employer must give hazmat employees of the employer 

623 

on the safe loading, unloading, handling, storing, and transporting 

of hazardous material and emergency preparedness for responding 

to an accident or incident involving the transportation of hazardous 

material. The regulations— 

(1) * * * 

* * * * * * * 

(b) BEGINNING AND COMPLETING TRAINING.—A hazmat employer 

shall begin the training of hazmat employees of the employer not 

later than 6 months after the Secretary øof Transportation¿ prescribes the regulations under subsection (a) of this section. The 

training shall be completed within a reasonable period of time 

after— 

(1) * * * 

* * * * * * * 

(c) CERTIFICATION OF TRAINING.—After completing the training, 

each hazmat employer shall certify, with documentation the Secretary øof Transportation¿ may require by regulation, that the 

hazmat employees of the employer have received training and have 

been tested on appropriate transportation areas of responsibility, 

including at least one of the following: 

(1) * * * 

* * * * * * * 

(d) COORDINATION OF TRAINING REQUIREMENTS.—In consultation 

with the Administrator of the Environmental Protection Agency 

and the Secretary of Labor, the Secretary øof Transportation¿ shall 

ensure that the training requirements prescribed under this section 

do not conflict with or duplicate— 

(1) * * * 

* * * * * * * 

(f) TRAINING OF CERTAIN EMPLOYEES.—The Secretary shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness/familiarization training and safety training pursuant to section 172.704 of title 49, Code of Federal Regulations. 

ø(f)¿ (g) RELATIONSHIP TO OTHER LAWS.—(1) Chapter 35 of title 

44 does not apply to an activity of the Secretary øof Transportation¿ under subsections (a)–(d) of this section. 

(2) An action of the Secretary øof Transportation¿ under subsections (a)–(d) of this section and øsections 5106, 5108(a)–(g)(1) 

and (h), and 5109 of this title¿ section 5106 is not an exercise, 

under section 4(b)(1) of the Occupational Safety and Health Act of 

1970 (29 U.S.C. 653(b)(1)), of statutory authority to prescribe or enforce standards or regulations affecting occupational safety or 

health. 

ø(g)¿ (h) EXISTING EFFORT.—No grant under subsection (e) shall 

supplant or replace existing employer-provided hazardous materials training efforts or obligations. 

§ 5108. Registration 

(a) PERSONS REQUIRED TO FILE.—(1) A person shall file a registration statement with the Secretary øof Transportation¿ under 

this subsection if the person is transporting or causing to be transported in commerce any of the following: 

624 

(A) * * * 

(B) more than 25 kilograms of a øclass A or B¿ Division 1.1, 

1.2, or 1.3 explosive in a motor vehicle, rail car, or transport 

container. 

* * * * * * * 

(2) The Secretary øof Transportation¿ may require any of the following persons to file a registration statement with the Secretary 

under this subsection: 

(A) * * * 

(B) a person ømanufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing¿ designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package or container the person represents, marks, certifies, or sells for use in transporting 

in commerce hazardous material the Secretary designates. 

(3) A person required to file a registration statement under this 

subsection may transport or cause to be transported, or manufacture, fabricate, mark, maintain, recondition, repair, or test a package or container for use in transporting, hazardous material, only 

if the person has a statement on file as required by this subsection. 

(4) The Secretary may waive the filing of a registration statement, or the payment of a fee, required under this subsection, or 

both, for any person not domiciled in the United States who solely 

offers hazardous materials for transportation to the United States 

from a place outside the United States if the country of which such 

person is a domiciliary does not require persons domiciled in the 

United States who solely offer hazardous materials for transportation to the foreign country from places in the United States to 

file registration statements, or to pay fees, for making such an 

offer. 

(b) FORM, CONTENTS, AND LIMITATION ON FILINGS.—(1) A registration statement under subsection (a) of this section shall be in 

the form and contain information the Secretary øof Transportation¿ requires by regulation. The Secretary may use existing 

forms of the Department of Transportation and the Environmental 

Protection Agency to carry out this subsection. The statement shall 

include— 

(A) * * * 

* * * * * * * 

(c) øFILING DEADLINES AND AMENDMENTS.—¿ FILING SCHED- ULE.—(1) Each person required to file a registration statement 

under subsection (a) of this section ømust file the first¿ shall file 

that statement ønot later than March 31, 1992. The Secretary of 

Transportation may extend that date to September 30, 1992, for activities referred to in subsection (a)(1) of this section.¿ in accordance with regulations issued by the Secretary. A person shall renew 

the statement periodically consistent with regulations the Secretary prescribes, but not more than once each year and not less 

than once every 5 years. 

(2) The Secretary øof Transportation¿ shall decide by regulation 

when and under what circumstances a registration statement must 

be amended and the procedures to follow in amending the statement. 

625 

(d) SIMPLIFYING THE REGISTRATION PROCESS.—The Secretary øof 

Transportation¿ may take necessary action to simplify the registration process under subsections (a)–(c) of this section and to minimize the number of applications, documents, and other information 

a person is required to file under this chapter and other laws of 

the United States. 

(e) COOPERATION WITH ADMINISTRATOR.—The Administrator of 

the Environmental Protection Agency shall assist the Secretary øof 

Transportation¿ in carrying out subsections (a)–(g)(1) and (h) of 

this section by providing the Secretary with information the Secretary requests to carry out the objectives of subsections (a)–(g)(1) 

and (h). 

(f) AVAILABILITY OF STATEMENTS.—The Secretary øof Transportation¿ shall make a registration statement filed under subsection 

(a) of this section available for inspection by any person for a fee 

the Secretary establishes. However, this subsection does not require the release of information described in section 552(b) of title 

5 or otherwise protected by law from disclosure to the public. 

(g) FEES.—(1) The Secretary øof Transportation may¿ shall establish, impose, and collect from a person required to file a registration statement under subsection (a) of this section a fee necessary to pay for the costs of the Secretary in processing the statement. 

(2)(A) In addition to a fee established under paragraph (1) of this 

subsection, the Secretary øof Transportation¿ shall establish and 

impose by regulation and collect an annual fee. Subject to subparagraph (B) of this paragraph, the fee shall be at least $250 but not 

more than ø$5,000¿ $3,000 from each person required to file a registration statement under this section. The Secretary shall determine the amount of the fee under this paragraph on at least one 

of the following: 

(i) * * * 

* * * * * * * 

(B) The Secretary øof Transportation¿ shall adjust the amount 

being collected under this paragraph to reflect any unexpended balance in the account established under section 5116(i) of this title. 

However, the Secretary is not required to refund any fee collected 

under this paragraph. 

(C) The Secretary øof Transportation¿ shall transfer to the Secretary of the Treasury amounts the Secretary of Transportation collects under this paragraph for deposit in the account the Secretary 

of the Treasury establishes under section 5116(i) of this title. 

(3) FEES ON EXEMPT PERSONS.—Notwithstanding subsection (a)(4), the Secretary shall impose and collect a fee of $25 from 

a person who is required to register under this section but who 

is otherwise exempted by the Secretary from paying any fee 

under this section. The fee shall be used to pay the cost of the 

Secretary in processing registration statements filed by such 

persons. 

(h) MAINTAINING PROOF OF FILING AND PAYMENT OF FEES.—The 

Secretary øof Transportation¿ may prescribe regulations requiring 

a person required to file a registration statement under subsection 

(a) of this section to maintain proof of the filing and payment of 

fees imposed under subsection (g) of this section. 

626 

(i) RELATIONSHIP TO OTHER LAWS.—(1) Chapter 35 of title 44 

does not apply to an activity of the Secretary øof Transportation¿ 

under subsections (a)–(g)(1) and (h) of this section. 

(2)(A) * * * 

(B) Subsections (a)–(h) of this section do not apply to a department, agency, or instrumentality of the United States Government, 

an authority of a State, Indian tribe, or political subdivision of a 

State, or an employee of a department, agency, instrumentality, or 

authority carrying out official duties. 

§ 5109. Motor carrier safety permits 

(a) REQUIREMENT.—A motor carrier may transport or cause to be 

transported by motor vehicle in commerce hazardous material only 

if the carrier holds a safety permit the Secretary øof Transportation¿ issues under this section authorizing the transportation 

and keeps a copy of the permit, or other proof of its existence, in 

the vehicle. The Secretary shall issue a permit if the Secretary 

finds the carrier is fit, willing, and able— 

(1) * * * 

* * * * * * * 

§ 5110. Shipping papers and disclosure 

(a) PROVIDING SHIPPING PAPERS.—Each person offering for transportation in commerce hazardous material to which the shipping 

paper requirements of the Secretary øof Transportation¿ apply 

shall provide to the carrier providing the transportation a shipping 

paper that makes the disclosures the Secretary prescribes øunder 

subsection (b) of this section¿ by regulation. 

* * * * * * * 

(e) RETENTION OF PAPERS.—After the hazardous material to 

which a shipping paper provided to a carrier under subsection (a) 

applies is no longer in transportation, the person who provided the 

shipping paper and the carrier required to maintain it under subsection (a) shall retain the paper or electronic image thereof for a 

period of ø1 year¿ 2 years after the date of preparation of the shipping paper to be accessible through their respective principal places 

of business. Such person and carrier shall, upon request, make the 

shipping paper available to a Federal, State, or local government 

agency at reasonable times and locations. 

ø§ 5111. Rail tank cars 

øA rail tank car built before January 1, 1971, may be used to 

transport hazardous material in commerce only if the air brake 

equipment support attachments of the car comply with the standards for attachments contained in sections 179.100-16 and 179.200- 

19 of title 49, Code of Federal Regulations, in effect on November 

16, 1990.¿ 

§ 5112. Highway routing of hazardous material 

(a) APPLICATION.—(1) This section applies to a motor vehicle only 

if the vehicle is transporting hazardous material in commerce for 

which placarding of the vehicle is required under regulations prescribed under this chapter. However, the Secretary øof TransporVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00628 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
627 

tation¿ by regulation may extend application of this section or a 

standard prescribed under subsection (b) of this section to— 

(A) * * * 

* * * * * * * 

§ 5113. Unsatisfactory safety rating 

øSee section 31144.¿ A person who violates section 31144(c)(3) 

shall be subject to the penalties in sections 5123 and 5124. 

§ 5114. Air transportation of ionizing radiation material 

(a) * * * 

(b) PROCEDURES.—The Secretary øof Transportation¿ shall prescribe procedures for monitoring and enforcing regulations prescribed under this section. 

* * * * * * * 

§ 5115. Training curriculum for the public sector 

(a) DEVELOPMENT AND UPDATING.—Not later than November 16, 

1992, in coordination with the Director of the Federal Emergency 

Management Agency, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, 

Secretaries of Labor, Energy, and Health and Human Services, and 

Director of the National Institute of Environmental Health 

Sciences, and using the existing coordinating mechanisms of the 

national response team and, for radioactive material, the Federal 

Radiological Preparedness Coordinating Committee, the Secretary 

of Transportation shall develop and update periodically a curriculum consisting of a list of courses necessary to train public sector emergency response and preparedness teams. Only in developing the curriculum, the Secretary øof Transportation¿ shall consult with regional response teams established under the national 

contingency plan established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980 (42 U.S.C. 9605), representatives of commissions established 

under section 301 of the Emergency Planning and Community 

Right-To-Know Act of 1986 (42 U.S.C. 11001), persons (including 

governmental entities) that provide training for responding to accidents and incidents involving the transportation of hazardous material, and representatives of persons that respond to those accidents and incidents. 

(b) REQUIREMENTS.—The curriculum developed under subsection 

(a) of this section— 

(1) shall include— 

(A) * * * 

* * * * * * * 

(C) appropriate emergency response training and planning programs for public sector employees developed 

øunder other United States Government grant programs, 

including those¿ with Federal financial assistance, including programs developed with grants made under section 

126(g) of the Superfund Amendments and Reauthorization 

Act of 1986 (42 U.S.C. 9660a); and 

* * * * * * * 

628 

(c) TRAINING ON COMPLYING WITH LEGAL REQUIREMENTS.—A recommended basic course described in subsection (b)(1)(B) of this section shall provide the training necessary for public sector employees to comply with— 

(1) * * * 

* * * * * * * 

(3) standards related to emergency response training prescribed by the National Fire Protection Association and such 

other voluntary consensus standard-setting organizations as the 

Secretary determines appropriate. 

(d) DISTRIBUTION AND PUBLICATION.—With the ønational response team¿ National Response Team— 

(1) the øDirector of the Federal Emergency Management 

Agency¿ Secretary shall distribute the curriculum and any updates to the curriculum to the regional response teams and all 

committees and commissions established under section 301 of 

the Emergency Planning and Community Right-To-Know Act 

of 1986 (42 U.S.C. 11001); and 

(2) the Secretary øof Transportation¿ may publish and distribute a list of øprograms that uses a course developed under 

this section for training public sector employees to respond to 

an accident or incident involving the transportation of hazardous material¿ programs and courses developed under this 

section. 

§ 5116. Planning and training grants, monitoring, and review 

(a) PLANNING GRANTS.—(1) The Secretary øof Transportation¿ 

shall make grants to States and Indian tribes— 

(A) * * * 

* * * * * * * 

(2) The Secretary øof Transportation¿ may make a grant to a 

State or Indian tribe under paragraph (1) of this subsection in a 

fiscal year only if— 

(A) * * * 

* * * * * * * 

(b) TRAINING GRANTS.—(1) The Secretary øof Transportation¿ 

shall make grants to States and Indian tribes to train public sector 

employees to respond to accidents and incidents involving hazardous material. 

(2) The Secretary øof Transportation¿ may make a grant under 

paragraph (1) of this subsection in a fiscal year— 

(A) * * * 

* * * * * * * 

(3) A grant under this subsection may be used— 

(A) * * * 

* * * * * * * 

(C) to make an agreement the Secretary øof Transportation¿ 

approves authorizing a person (including an authority of a 

State or political subdivision of a State or Indian tribe) to provide the training— 

629 

(i) * * * 

* * * * * * * 

(4) The Secretary øof Transportation¿ shall allocate amounts 

made available for grants under this subsection for a fiscal year 

among eligible States and Indian tribes based on the needs of the 

States and tribes for emergency response training. In making a decision about those needs, the Secretary shall consider— 

(A) * * * 

* * * * * * * 

(D) whether the fee is used only to carry out a purpose related to transporting hazardous material; øand¿ 

(E) the report submitted by the State to the Secretary under 

section 5125(f)(2); and 

ø(E)¿ (F) other factors the Secretary decides are appropriate 

to carry out this subsection. 

(c) COMPLIANCE WITH CERTAIN LAW.—The Secretary øof Transportation¿ may make a grant to a State or Indian tribe under this 

section in a fiscal year only if the State or Indian tribe certifies 

that (1) the State or Indian tribe is complying with all applicable 

requirements of this chapter (including section 5125(f)), and (2) in 

the case of a State, the State complies with sections 301 and 303 

of the Emergency Planning and Community Right-To-Know Act of 

1986 (42 U.S.C. 11001, 11003). 

(d) APPLICATIONS.—A State or Indian tribe interested in receiving a grant under this section shall submit an application to the 

Secretary øof Transportation¿. The application must be submitted 

at the time, and contain information, the Secretary requires by regulation to carry out the objectives of this section. 

(e) GOVERNMENT’S SHARE OF COSTS.—A grant under this section 

is for 80 percent of the cost the State or Indian tribe incurs in the 

fiscal year to carry out the activity for which the grant is made. 

øAmounts of the State or tribe under subsections (a)(2)(A) and 

(b)(2)(A) of this section are not part of the non-Government share 

under this subsection.¿ Amounts received by the State or tribe 

under subsections (a)(1) and (b)(1) are not part of the non-Government share under this subsection. 

(f) MONITORING AND TECHNICAL ASSISTANCE.—In coordination 

with the øSecretaries of Transportation and Energy,¿ Secretary of 

Energy, Director of the Federal Emergency Management Agency, 

Administrator of the Environmental Protection Agency, and Director of the National Institute of Environmental Health Sciences, the 

øDirector of the Federal Emergency Management Agency shall¿ 

Secretary of Transportation shall monitor public sector emergency 

response planning and training for an accident or incident involving hazardous material. Considering the results of the monitoring, 

øthe Secretaries, Administrator, and Directors each shall¿ the Secretary shall provide technical assistance to a State, political subdivision of a State, or Indian tribe for carrying out emergency response training and planning for an accident or incident involving 

hazardous material and shall coordinate the assistance using the 

existing coordinating mechanisms of the ønational response team¿ 

National Response Team and, for radioactive material, the Federal 

Radiological Preparedness Coordinating Committee. 

630 

(g) DELEGATION OF AUTHORITY.—To minimize administrative 

costs and to coordinate øGovernment grant programs¿ Federal financial assistance for emergency response training and planning, 

the Secretary of Transportation may delegate to the Directors of 

the Federal Emergency Management Agency and National Institute of Environmental Health Sciences, Chairman of the Nuclear 

Regulatory Commission, Administrator of the Environmental Protection Agency, and Secretaries of Labor and Energy any of the following: 

(1) * * * 

* * * * * * * 

(i) øANNUAL REGISTRATION FEE ACCOUNT AND ITS USES.—¿ HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS FUND.—The Secretary of the Treasury shall establish an account in the Treasury, 

to be known as the ‘‘Hazardous Materials Emergency Preparedness 

Fund’’, into which the Secretary of the Treasury shall deposit 

amounts the Secretary of Transportation collects under øsection 

5108(g)(2)(A) of this title and transfers to the Secretary of the 

Treasury under section 5108(g)(2)(C) of this title¿ this chapter. 

Without further appropriation, amounts in the account are available— 

(1) to make grants under this section; 

(2) to monitor and provide technical assistance under subsection (f) of this section; øand¿ 

(3) to publish and distribute the Emergency Response Guidebook; and 

ø(3)¿ (4) to pay administrative costs of carrying out this section and sections 5108(g)(2) and 5115 of this title, except that 

not more than 10 percent of the amounts made available from 

the account in a fiscal year may be used to pay those costs. 

* * * * * * * 

(k) REPORTS.—øNot later than September 30, 1997, the Secretary 

shall submit to Congress a report on the allocation and uses of 

training grants authorized under subsection (b) for fiscal year 1993 

through fiscal year 1996 and grants authorized under subsection (j) 

and section 5107 for fiscal years 1995 and 1996. Such¿ The Secretary shall submit to Congress and make available to the public 

annually a report on the allocation and uses of planning grants 

under subsection (a), training grants under subsection (b), and 

grants under subsection (j) and under section 5107. The report shall 

identify the ultimate recipients of training grants and include a detailed accounting of all grant expenditures by grant recipients, the 

number of persons trained under the grant programs, and an evaluation of the efficacy of training programs carried out. 

ø§ 5117. Exemptions and exclusions¿ 

§ 5117. Special permits and exclusions 

(a) AUTHORITY TO øEXEMPT¿ ISSUE SPECIAL PERMITS.—(1) As 

provided under procedures prescribed by regulation, the Secretary 

øof Transportation¿ may issue øan exemption¿, modify, or terminate a special permit authorizing a variance from this chapter or 

a regulation prescribed under section 5103(b), 5104, 5110, or 5112 

of this title to a person øtransporting, or causing to be transported, 

631 

hazardous material¿ performing a function regulated by the Secretary under section 5103(b)(1) in a way that achieves a safety 

level— 

(A) * * * 

* * * * * * * 

ø(2) An exemption under this subsection is effective for not more 

than 2 years and may be renewed on application to the Secretary.¿ 

(2) A special permit issued under this section shall be effective for 

an initial period of not more than 2 years and may be renewed by 

the Secretary upon application for an additional period of not more 

than 4 years or, in the case of a special permit relating to section 

5112, for an additional period of not more than 2 years. 

(b) APPLICATIONS.—When applying for øan exemption¿ a special 

permit or renewal of øan exemption¿ a special permit under this 

section, the person must provide a safety analysis prescribed by the 

Secretary that justifies øthe exemption¿ the special permit. The 

Secretary shall publish in the Federal Register notice that an application for øan exemption¿ a special permit has been filed and 

shall give the public an opportunity to inspect the safety analysis 

and comment on the application. This subsection does not require 

the release of information protected by law from public disclosure. 

(c) APPLICATIONS TO BE DEALT WITH PROMPTLY.—The Secretary 

shall issue or renew øthe exemption¿ the special permit for which 

an application was filed or deny such issuance or renewal within 

180 days after the first day of the month following the date of the 

filing of such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary’s decision on øthe exemption¿ the special permit is delayed, along with 

an estimate of the additional time necessary before the decision is 

made. 

* * * * * * * 

(e) LIMITATION ON AUTHORITY.—Unless the Secretary decides 

that an emergency exists, øan exemption¿ a special permit or renewal granted under this section is the only way a person subject 

to this chapter may øbe exempt¿ be granted a variance from this 

chapter. 

ø§ 5118. Inspectors 

ø(a) GENERAL REQUIREMENT.—The Secretary of Transportation 

shall maintain the employment of 30 hazardous material safety inspectors more than the total number of safety inspectors authorized 

for the fiscal year that ended September 30, 1990, for the Federal 

Railroad Administration, the Federal Highway Administration, and 

the Research and Special Programs Administration. 

ø(b) ALLOCATION TO PROMOTE SAFETY IN TRANSPORTING RADIOACTIVE MATERIAL.—(1) The Secretary shall ensure that 10 of the 30 

additional inspectors focus on promoting safety in transporting radioactive material, as defined by the Secretary, including inspecting— 

ø(A) at the place of origin, shipments of high-level radioactive waste or nuclear spent material (as those terms are defined in section 5105(a) of this title); and 

632 

ø(B) to the maximum extent practicable shipments of radioactive material that are not high-level radioactive waste or nuclear spent material. 

ø(2) In carrying out their duties, those 10 additional inspectors 

shall cooperate to the greatest extent possible with safety inspectors of the Nuclear Regulatory Commission and appropriate State 

and local government officials. 

ø(3) Those 10 additional inspectors shall be allocated as follows: 

ø(A) one to the Pipeline and Hazardous Materials Safety Administration. 

ø(B) 3 to the Federal Railroad Administration. 

ø(C) 3 to the Federal Highway Administration. 

ø(D) the other 3 among the administrations referred to in 

clauses (A)–(C) of this paragraph as the Secretary decides. 

ø(c) ALLOCATION OF OTHER INSPECTORS.—The Secretary shall allocate, as the Secretary decides, the 20 additional inspectors authorized under this section and not allocated under subsection (b) 

of this section among the administrations referred to in subsection 

(b)(3)(A)–(C) of this section. 

ø§ 5119. Uniform forms and procedures 

ø(a) WORKING GROUP.—The Secretary of Transportation shall establish a working group of State and local government officials, including representatives of the National Governors’ Association, the 

National Association of Counties, the National League of Cities, the 

United States Conference of Mayors, and the National Conference 

of State Legislatures. The purposes of the working group are— 

ø(1) to establish uniform forms and procedures for a State— 

ø(A) to register persons that transport or cause to be 

transported hazardous material by motor vehicle in the 

State; and 

ø(B) to allow the transportation of hazardous material in 

the State; and 

ø(2) to decide whether to limit the filing of any State registration and permit forms and collection of filing fees to the 

State in which the person resides or has its principal place of 

business. 

ø(b) CONSULTATION AND REPORTING.—The working group— 

ø(1) shall consult with persons subject to registration and 

permit requirements described in subsection (a) of this section; 

and 

ø(2) not later than November 16, 1993, shall submit to the 

Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation 

and Infrastructure of the House of Representatives a final report that contains— 

ø(A) a detailed statement of its findings and conclusions; 

and 

ø(B) its joint recommendations on the matters referred 

to in subsection (a) of this section. 

ø(c) REGULATIONS ON RECOMMENDATIONS.—(1) The Secretary 

shall prescribe regulations to carry out the recommendations contained in the report submitted under subsection (b) of this section 

with which the Secretary agrees. The regulations shall be prescribed by the later of the last day of the 3-year period beginning 

633 

on the date the working group submitted its report or the last day 

of the 90-day period beginning on the date on which at least 26 

States adopt all of the recommendations of the report. A regulation 

prescribed under this subsection may not define or limit the 

amount of a fee a State may impose or collect. 

ø(2) A regulation prescribed under this subsection takes effect 

one year after it is prescribed. The Secretary may extend the oneyear period for an additional year for good cause. After a regulation 

is effective, a State may establish, maintain, or enforce a requirement related to the same subject matter only if the requirement is 

the same as the regulation. 

ø(3) In consultation with the working group, the Secretary shall 

develop a procedure to eliminate differences in how States carry 

out a regulation prescribed under this subsection. 

ø(d) RELATIONSHIP TO OTHER LAWS.—The Federal Advisory Committee Act (5 App. U.S.C.) does not apply to the working group.¿ 

§ 5119. Uniform forms and procedures 

(a) ESTABLISHMENT OF WORKING GROUP.—The Secretary shall establish a working group of State and local government officials, including representatives of the National Governors’ Association, the 

National Association of Counties, the National League of Cities, the 

United States Conference of Mayors, the National Conference of 

State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures. 

(b) PURPOSE OF WORKING GROUP.—The purpose of the working 

group shall be to establish uniform forms and procedures for a 

State to register, and to issue permits to, persons that transport, or 

cause to be transported, hazardous material by motor vehicle in the 

State. 

(c) LIMITATION ON WORKING GROUP.—The working group may not 

propose to define or limit the amount of a fee a State may impose 

or collect. 

(d) PROCEDURE.—The Secretary shall develop a procedure by 

which the working group shall harmonize existing State registration 

and permit laws and regulations relating to the transportation of 

hazardous materials, with special attention paid to each State’s 

unique safety concerns and interest in maintaining strong hazmat 

safety standards. 

(e) REPORT OF WORKING GROUP.—Not later than 18 months after 

the date of enactment of this subsection, the working group shall 

transmit to the Secretary a report containing recommendations for 

establishing uniform forms and procedures described in subsection 

(b). 

(f) REGULATIONS.—Not later than 2 years after the date of enactment of this subsection, the Secretary shall issue regulations to 

carry out such recommendations of the working group as the Secretary considers appropriate. 

(g) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed as prohibiting a State from voluntarily 

participating in a program of uniform forms and procedures until 

such time as the Secretary issues regulations under subsection (f). 

634 

§ 5120. International uniformity of standards and requirements 

(a) * * * 

(b) CONSULTATION.—The Secretary øof Transportation¿ may consult with interested authorities to ensure that, to the extent practicable, regulations the Secretary prescribes under sections 5103(b), 

5104, 5110, and 5112 of this title are consistent with standards 

and requirements related to transporting hazardous material that 

international authorities adopt. 

(c) DIFFERENCES WITH INTERNATIONAL STANDARDS AND REQUIRE- MENTS.—This section— 

(1) does not require the Secretary øof Transportation¿ to prescribe a standard or requirement identical to a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is unnecessary or 

unsafe; and 

(2) does not prohibit the Secretary from prescribing a safety 

standard or requirement more stringent than a standard or requirement øincluded in a standard¿ adopted by an international authority if the Secretary decides the standard or requirement is necessary in the public interest. 

§ 5121. Administrative 

(a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary øof Transportation¿ may investigate, conduct tests, make reports, issue subpenas, conduct hearings, require the production of 

records and property, take depositions, and conduct research, development, demonstration, and training activities. øAfter¿ Except 

as provided in subsections (c) and (d), after notice and an opportunity for a hearing, the Secretary may issue an order requiring 

compliance with this chapter or a øregulation prescribed¿ regulation, order, special permit, or approval issued under this chapter. 

(b) RECORDS, REPORTS, AND INFORMATION.—A person subject to 

this chapter shall— 

(1) maintain records and property, make reports, and provide 

information the Secretary by regulation or order requires; and 

(2) make the records, property, reports, and information 

available for inspection when the Secretary ørequests¿ undertakes an investigation or makes a request. ø(c) INSPECTION.—(1) The Secretary may authorize an officer, 

employee, or agent to inspect, at a reasonable time and in a reasonable way, records and property related to— 

ø(A) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, testing, or distributing a packaging or 

a container for use by a person in transporting hazardous material in commerce; or 

ø(B) the transportation of hazardous material in commerce. 

ø(2) An officer, employee, or agent under this subsection shall 

display proper credentials when requested.¿ 

(c) INSPECTIONS AND INVESTIGATIONS.— 

(1) IN GENERAL.—A designated officer, employee, or agent of 

the Secretary— 

(A) may inspect and investigate, at a reasonable time and 

in a reasonable manner, records and property relating to a 

function described in section 5103(b)(1); 

635 

(B) except in the case of packaging immediately adjacent 

to its hazardous material contents, may gain access to, 

open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package 

may contain a hazardous material; 

(C) may remove from transportation a package or related 

packages in a shipment offered for or in transportation for 

which— 

(i) such officer, employee, or agent has an objectively 

reasonable and articulable belief that the package may 

pose an imminent hazard; and 

(ii) such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed 

under subsection (e); 

(D) may gather information from the offeror, carrier, 

packaging manufacturer or retester, or other person responsible for the package, to ascertain the nature and hazards 

of the contents of the package; 

(E) as necessary, under terms and conditions specified by 

the Secretary, may order the offeror, carrier, packaging 

manufacturer or retester, or other person responsible for the 

package to have the package transported to, opened, and 

the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis; 

and 

(F) when safety might otherwise be compromised, may 

authorize properly qualified personnel to assist in the activities conducted under this subsection. 

(2) DISPLAY OF CREDENTIALS.—An officer, employee, or agent 

acting under this subsection shall display proper credentials 

when requested. 

(3) SAFE RESUMPTION OF TRANSPORTATION.—In instances 

when, as a result of an inspection or investigation under this 

subsection, an imminent hazard is not found to exist, the Secretary, in accordance with procedures set forth in regulations 

prescribed under subsection (e), shall assist— 

(A) in the safe resumption of transportation of the package concerned; or 

(B) in any case in which the hazardous material being 

transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous material. 

(d) EMERGENCY ORDERS.— 

(1) IN GENERAL.—If, upon inspection, investigation, testing, or 

research, the Secretary determines that either a violation of a 

provision of this chapter or a regulation issued under this chapter, or an unsafe condition or practice, constitutes or is causing 

an imminent hazard, the Secretary may issue an emergency 

order, without notice or the opportunity for a hearing, but only 

to the extent necessary to abate the imminent hazard. 

(2) WRITTEN ORDERS.—An emergency order issued under 

paragraph (1) shall be in writing, describe the violation, condition, or practice that is causing the imminent hazard, and state 

636 

the restrictions, prohibitions, recalls, or out-of-service orders 

issued. The emergency order also shall describe the standards 

and procedures for obtaining relief from the order. 

(3) OPPORTUNITY FOR REVIEW.—After issuing an emergency 

order under paragraph (1), the Secretary shall provide an opportunity for review of the order under section 554 of title 5 if 

a petition for review is filed within 20 calendar days after the 

date of issuance of the order. 

(4) EXPIRATION OF EFFECTIVENESS OF EMERGENCY ORDER.— 

If a petition for review is filed for an order and the review is 

not completed by the end of the 30-day period beginning on the 

date the petition was filed, the order shall cease to be effective 

at the end of that period unless the Secretary determines in 

writing that the emergency situation still exists. 

(e) REGULATIONS.— 

(1) TEMPORARY REGULATIONS.—Not later than 60 days after 

the date of enactment of the Transportation Equity Act: A Legacy for Users, the Secretary shall issue temporary regulations 

to carry out subsections (c) and (d). The temporary regulations 

shall expire on the date of issuance of the regulations under 

paragraph (2). 

(2) FINAL REGULATIONS.—Not later than 1 year after such 

date of enactment, the Secretary shall issue regulations to carry 

out subsections (c) and (d) in accordance with subchapter II of 

chapter 5 of title 5. 

ø(d)¿ (f) FACILITY, STAFF, AND REPORTING SYSTEM ON RISKS, 

EMERGENCIES, AND ACTIONS.—(1) * * * 

* * * * * * * 

ø(e)¿ (g) REPORT.—The Secretary shall, once every 2 years, prepare and øsubmit to the President for transmittal to the Congress¿ 

transmit to the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a comprehensive report 

on the transportation of hazardous materials during the preceding 

2 calendar years. The report shall include— 

(1) * * * 

* * * * * * * 

(4) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103(b)(1) and the degree of voluntary compliance with 

regulations; 

* * * * * * * 

§ 5122. Enforcement 

(a) GENERAL.—At the request of the Secretary øof Transportation¿, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or 

a regulation prescribed or order issued under this chapter. øThe 

court may award appropriate relief, including punitive damages.¿ 

The court may award appropriate relief, including a temporary or 

permanent injunction, punitive damages, and assessment of civil 

penalties considering the same penalty amounts and factors as preVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00638 Fmt 6659 Sfmt 9001 E:\HR\OC\HR012.XXX HR012
637 

scribed for the Secretary in an administrative case under section 

5123. 

(b) IMMINENT HAZARDS.—(1) If the Secretary has reason to believe that an imminent hazard exists, the Secretary may bring a 

civil action in an appropriate district court of the United States— 

(A) * * * 

(B) to eliminate øor ameliorate the¿ or mitigate the hazard. 

* * * * * * * 

§ 5123. Civil penalty 

(a) PENALTY.—(1) A person that knowingly violates this chapter 

or a øregulation prescribed or order issued¿ regulation, order, special permit, or approval issued under this chapter is liable to the 

United States Government for a civil penalty of at least $250 but 

not more than ø$25,000¿ $50,000 for each violation. A person acts 

knowingly when— 

(A) * * * 

* * * * * * * 

(2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the 

amount of the civil penalty for such violation to not more than 

$100,000. 

ø(2)¿ (3) A separate violation occurs for each day the violation, 

committed by a person that transports or causes to be transported 

hazardous material, continues. 

(b) HEARING REQUIREMENT.—The Secretary øof Transportation¿ 

may find that a person has violated this chapter or a øregulation 

prescribed¿ regulation, order, special permit, or approval issued 

under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. 

* * * * * * * 

(d) CIVIL ACTIONS TO COLLECT.—The Attorney General may 

bring a civil action in an appropriate district court of the United 

States to collect a civil penalty under this section. In such action, 

the validity, amount, and appropriateness of the civil penalty shall 

not be subject to review. 

(e) COMPROMISE.—The Secretary may compromise the amount of 

a civil penalty imposed under this section øbefore referral to the 

Attorney General¿. 

* * * * * * * 

ø§ 5124. Criminal penalty 

øA person knowingly violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order 

issued under this chapter shall be fined under title 18, imprisoned 

for not more than 5 years, or both.¿ 

§ 5124. Criminal penalty 

(a) IN GENERAL.—A person knowingly violating section 5104(b) or 

willfully or recklessly violating this chapter or a regulation, order, 

special permit, or approval issued under this chapter shall be fined 

638 

under title 18, imprisoned for not more than 5 years, or both; except 

that the maximum amount of imprisonment shall be 10 years in 

any case in which the violation involves the release of a hazardous 

material that results in death or bodily injury to any person. 

(b) KNOWING VIOLATIONS.—For purposes of this section— 

(1) a person acts knowingly when— 

(A) the person has actual knowledge of the facts giving 

rise to the violation; or 

(B) a reasonable person acting in the circumstances and 

exercising reasonable care would have that knowledge; and 

(2) knowledge of the existence of a statutory provision, or a 

regulation or a requirement required by the Secretary, is not an 

element of an offense under this section. 

(c) WILLFUL VIOLATIONS.—For purposes of this section, a person 

acts willfully when— 

(1) the person has knowledge of the facts giving rise to the 

violation; and 

(2) the person has knowledge that the conduct was unlawful. 

(d) RECKLESS VIOLATIONS.—For purposes of this section, a person 

acts recklessly when the person displays a deliberate indifference or 

conscious disregard to the consequences of that person’s conduct. 

§ 5125. Preemption 

(a) øGENERAL.—¿ DUAL COMPLIANCE AND OBSTACLE TESTS.—Except as provided in subsections (b), (c), and (e) of this section and 

unless authorized by another law of the United States, a requirement of a State, political subdivision of a State, or Indian tribe is 

preempted if— 

(1) * * * 

* * * * * * * 

(b) SUBSTANTIVE DIFFERENCES.—(1) * * * 

(2) If the Secretary øof Transportation¿ prescribes or has prescribed under section 5103(b), 5104, 5110, or 5112 of this title or 

prior comparable provision of law a regulation or standard related 

to a subject referred to in paragraph (1) of this subsection, a State, 

political subdivision of a State, or Indian tribe may prescribe, issue, 

maintain, and enforce only a law, regulation, standard, or order 

about the subject that is substantively the same as a provision of 

this chapter or a regulation prescribed or order issued under this 

chapter. The Secretary shall decide on and publish in the Federal 

Register the effective date of section 5103(b) of this title for any 

regulation or standard about any of those subjects that the Secretary prescribes øafter November 16, 1990¿. However, the effective date may not be earlier than 90 days after the Secretary prescribes the regulation or standard nor later than the last day of the 

2-year period beginning on the date the Secretary prescribes the 

regulation or standard. 

* * * * * * * 

(d) DECISIONS ON PREEMPTION.—(1) A person (including a State, 

political subdivision of a State, or Indian tribe) directly affected by 

a requirement of a State, political subdivision, or tribe may apply 

to the Secretary, as provided by regulations prescribed by the Secretary, for a decision on whether the requirement is preempted by 

subsection (a), (b)(1), or (c) of this section. The Secretary shall pubVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00640 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
639 

lish notice of the application in the Federal Register. The Secretary 

shall issue and publish in the Federal Register a decision on an application for a determination within 180 days after the date of the 

publication of the notice of having received such application, or the 

Secretary shall publish a statement in the Federal Register of the 

reason why the Secretary’s decision on the application is delayed, 

along with an estimate of the additional time necessary before the 

decision is made. After notice is published, an applicant may not 

seek judicial relief on the same or substantially the same issue 

until the Secretary takes final action on the application or until 

180 days after the application is filed, whichever occurs first. 

* * * * * * * 

ø(f) JUDICIAL REVIEW.—A party to a proceeding under subsection 

(d) or (e) of this section may bring a civil action in an appropriate 

district court of the United States for judicial review of the decision 

of the Secretary not later than 60 days after the decision becomes 

final.¿ 

ø(g)¿ (f) FEES.—(1) * * * 

(2) A State or political subdivision thereof or Indian tribe that 

levies a fee in connection with the transportation of hazardous materials shall, upon the Secretary’s request, report to the Secretary 

on— 

(A) the basis on which the fee is levied upon persons involved in such transportation; 

(B) the purposes for which the revenues from the fee are 

used; 

(C) the annual total amount of the revenues collected from 

the fee; and 

(D) such other matters as the Secretary requests. 

(g) INDEPENDENT APPLICATION OF EACH STANDARD.—Subsections 

(b), (c)(1), (d), and (g) are independent in their application to a requirement of any State, political subdivision of a State, or Indian 

tribe and shall be reviewed independently. 

§ 5126. Relationship to other laws 

(a) CONTRACTS.—A person under contract with a department, 

agency, or instrumentality of the United States Government that 

transports or causes to be transported hazardous material, or manufactures, fabricates, marks, maintains, reconditions, repairs, or 

tests a package or container that the person represents, marks, certifies, or sells as qualified for use in transporting hazardous material ømust comply¿ shall comply with this chapter, regulations prescribed and orders issued under this chapter, and all other requirements of the Government, State and local governments, and Indian 

tribes (except a requirement preempted by a law of the United 

States) in the same way and to the same extent that any person 

engaging in that transportation, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing that is in or 

affects commerce must comply with the provision, regulation, 

order, or requirement. 

* * * * * * * 

640 

ø§ 5127. Authorization of appropriations 

ø(a) GENERAL.—Not more than $18,000,000 may be appropriated 

to the Secretary of Transportation for fiscal year 1993, $18,000,000 

for fiscal year 1994, $18,540,000 for fiscal year 1995, $19,100,000 

for fiscal year 1996, and $19,670,000 for fiscal year 1997 to carry 

out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 

5116, and 5119). 

ø(b) TRAINING OF HAZMAT EMPLOYEE INSTRUCTORS.—(1) There is 

authorized to be appropriated to the Secretary $3,000,000 for each 

of fiscal years 1995, 1996, 1997, and 1998 to carry out section 

5107(e). 

ø(2)(A) There shall be available to the Secretary for carrying 

out section 5116(j), from amounts in the account established 

pursuant to section 5116(i), $250,000 for each of fiscal years 

1995, 1996, 1997, and 1998. 

ø(B) In addition to amounts made available under subparagraph (A), there is authorized to be appropriated to the Secretary for carrying out section 5116(j) $1,000,000 for each of 

the fiscal years 1995, 1996, 1997, and 1998. 

ø(c) TRAINING CURRICULUM.—(1) Not more than $1,000,000 is 

available to the Secretary of Transportation from the account established under section 5116(i) of this title for each of the fiscal 

years ending September 30, 1993–1998, to carry out section 5115 

of this title. 

ø(2) The Secretary of Transportation may transfer to the Director 

of the Federal Emergency Management Agency from amounts 

available under this subsection amounts necessary to carry out section 5115(d)(1) of this title. 

ø(d) PLANNING AND TRAINING.—(1) Not more than $5,000,000 is 

available to the Secretary of Transportation from the account established under section 5116(i) of this title for each of the fiscal 

years ending September 30, 1993–1998, to carry out section 5116(a) 

of this title. 

ø(2) Not more than $7,800,000 is available to the Secretary of 

Transportation from the account established under section 5116(i) 

of this title for each of the fiscal years ending September 30, 1993– 

1998, to carry out section 5116(b) of this title. 

ø(3) Not more than the following amounts are available from the 

account established under section 5116(i) of this title for each of 

the fiscal years ending September 30, 1993–1998, to carry out section 5116(f) of this title: 

ø(A) $750,000 each to the Secretaries of Transportation and 

Energy, Administrator of the Environmental Protection Agency, and Director of the Federal Emergency Management Agency. 

ø(B) $200,000 to the Director of the National Institute of Environmental Health Sciences. 

ø(e) UNIFORM FORMS AND PROCEDURES.—Not more than 

$400,000 may be appropriated to the Secretary of Transportation 

for the fiscal year ending September 30, 1993, to carry out section 

5119 of this title. 

ø(f) CREDITS TO APPROPRIATIONS.—The Secretary of Transportation may credit to any appropriation to carry out this chapter an 

amount received from a State, Indian tribe, or other public authorVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00642 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
641 

ity or private entity for expenses the Secretary incurs in providing 

training to the State, authority, or entity. 

ø(g) AVAILABILITY OF AMOUNTS.—Amounts available under subsections (c)–(e) of this section remain available until expended.¿ 

§ 5127. Judicial review 

(a) FILING AND VENUE.—Except as provided in section 20114(c), 

a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action 

in the United States Court of Appeals for the District of Columbia 

or in the court of appeals for the United States for the circuit in 

which the person resides or has its principal place of business. The 

petition must be filed not more than 60 days after the Secretary’s 

action becomes final. 

(b) JUDICIAL PROCEDURES.—When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of 

the petition to the Secretary. The Secretary shall file with the court 

a record of any proceeding in which the final action was issued, as 

provided in section 2112 of title 28. 

(c) AUTHORITY OF COURT.—The court has exclusive jurisdiction, 

as provided in subchapter II of chapter 5 of title 5, to affirm or set 

aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings. Findings of fact by the Secretary, if supported by substantial evidence, are conclusive. 

(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing a final 

action under this section, the court may consider an objection to a 

final action of the Secretary only if the objection was made in the 

course of a proceeding or review conducted by the Secretary or if 

there was a reasonable ground for not making the objection in the 

proceeding. 

§ 5128. Authorizations of appropriations 

(a) IN GENERAL.—In order to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the following 

amounts are authorized to be appropriated to the Secretary: 

(1) For fiscal year 2005, $27,000,000. 

(2) For fiscal year 2006, $29,000,000. 

(3) For fiscal year 2007, $30,000,000. 

(b) EMERGENCY PREPAREDNESS FUND.—There shall be available 

to the Secretary, from the account established pursuant to section 

5116(i), for each of fiscal years 2005 through 2007 the following: 

(1) To carry out section 5115, $200,000. 

(2) To carry out section 5116(a), $8,000,000. 

(3) To carry out section 5116(b), $13,800,000. 

(4) To carry out section 5116(f), $150,000. 

(5) To publish and distribute the Emergency Response Guidebook under section 5116(i)(3), $500,000. 

(6) To pay administrative expenses in accordance with section 

5116(i)(4), $150,000. 

(7) To carry out section 5116(j), $1,000,000. 

(c) TRAINING OF HAZMAT EMPLOYEE INSTRUCTORS.—There shall 

be available to the Secretary, from the account established pursuant 

to section 5116(i), to carry out section 5107(e) $4,000,000 for each 

of fiscal years 2005 through 2007. 

642 

(d) UNIFORM FORMS AND PROCEDURES.—There is authorized to be 

appropriated to the Secretary for making grants to States participating in the working group established under section 5119 

$1,000,000 for each of the fiscal years 2005 and 2006. 

(e) ISSUANCE OF HAZMAT LICENSES.—There are authorized to be 

appropriated for the Department of Transportation such amounts as 

may be necessary to carry out section 5103a. 

(f) CREDITS TO APPROPRIATIONS.—The Secretary may credit to 

any appropriation to carry out this chapter an amount received 

from a State, Indian tribe, or other public authority or private entity 

for expenses the Secretary incurs in providing training to the State, 

authority, or entity. 

(g) AVAILABILITY OF AMOUNTS.—Amounts made available by or 

under this section remain available until expended. 

CHAPTER 52—TRANSPORTATION PLANNING AND 

PROJECT DELIVERY 

SUBCHAPTER A—GENERAL PROVISIONS

Sec. 

5201. Definitions. 

SUBCHAPTER B—TRANSPORTATION PLANNING AND PROJECT DELIVERY

5211. Policy. 

5212. Definitions. 

5213. Metropolitan transportation planning. 

5214. Statewide transportation planning. 

SUBCHAPTER C—EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING

5251. Definitions and applicability. 

5252. Project development procedures. 

SUBCHAPTER A—GENERAL PROVISIONS 

§ 5201. Definitions 

In this chapter, the following definitions apply: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

Transportation. 

(2) STATE.—The term ‘‘State’’ means a State of the United 

States, the District of Columbia, and Puerto Rico. 

SUBCHAPTER B—TRANSPORTATION PLANNING AND 

PROJECT DELIVERY 

§ 5211. Policy 

(a) IN GENERAL.—It is in the national interest to— 

(1) encourage and promote the safe and efficient management, 

operation, and development of surface transportation systems 

that will serve the mobility needs of people and freight and foster economic growth and development within and between 

States and urbanized areas, while minimizing transportationrelated fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified 

in this chapter; and 

(2) encourage the continued improvement and evolution of the 

metropolitan and statewide transportation planning processes 

by metropolitan planning organizations, State departments of 

643 

transportation, and public transit operators as guided by the 

planning factors identified in sections 5213(f) and 5214(d). 

(b) COMMON TRANSPORTATION PLANNING PROGRAM.—This subchapter provides a common transportation planning program to be 

administered by the Federal Highway Administration and the Federal Transit Administration. 

§ 5212. Definitions 

(a) APPLICABILITY BY REFERENCE.—Unless otherwise specified in 

subsection (b), the definitions in section 101(a) of title 23 and section 5302 are applicable to this subchapter. 

(b) ADDITIONAL DEFINITIONS.—In this subchapter, the following 

definitions apply: 

(1) METROPOLITAN PLANNING AREA.—The term ‘‘metropolitan 

planning area’’ means the geographic area determined by agreement between the metropolitan planning organization for the 

area and the Governor under section 5213(c). 

(2) METROPOLITAN PLANNING ORGANIZATION.—The term ‘‘metropolitan planning organization’’ means the policy board of an 

organization created as a result of the designation process in 

section 5213(b). 

(3) NONMETROPOLITAN AREA.—The term ‘‘nonmetropolitan 

area’’ means a geographic area outside designated metropolitan 

planning areas. 

(4) NONMETROPOLITAN LOCAL OFFICIAL.—The term ‘‘nonmetropolitan local official’’ means elected and appointed officials of general purpose local government in a nonmetropolitan 

area with responsibility for transportation. 

(5) TIP.—The term ‘‘TIP’’ means a transportation improvement program developed by a metropolitan planning organization under section 5213. 

(6) URBANIZED AREA.—The term ‘‘urbanized area’’ means a 

geographic area with a population of 50,000 or more, as designated by the Bureau of the Census. 

§ 5213. Metropolitan Transportation planning 

(a) GENERAL REQUIREMENTS.— 

(1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To accomplish the objectives in section 5211, metropolitan planning 

organizations designated under subsection (b), in cooperation 

with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs for metropolitan planning areas of the 

State. 

(2) CONTENTS.—The plans and TIPs for each metropolitan 

area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State 

and the United States. 

(3) PROCESS OF DEVELOPMENT.—The process for developing 

the plans and TIPs shall provide for consideration of all modes 

of transportation and shall be continuing, cooperative, and 

644 

comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. 

(b) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.— (1) IN GENERAL.—To carry out the transportation planning 

process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a 

population of more than 50,000 individuals— 

(A) by agreement between the Governor and units of general purpose local government that together represent at 

least 75 percent of the affected population (including the 

largest incorporated city (based on population) as named by 

the Bureau of the Census); or 

(B) in accordance with procedures established by applicable State or local law. 

(2) STRUCTURE.—Each metropolitan planning organization 

that serves an area designated as a transportation management 

area, when designated or redesignated under this subsection, 

shall consist of— 

(A) local elected officials; 

(B) officials of public agencies that administer or operate 

major modes of transportation in the metropolitan area; 

and 

(C) appropriate State officials. 

(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 

this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a 

public agency with multimodal transportation responsibilities 

to— 

(A) develop the plans and TIPs for adoption by a metropolitan planning organization; and 

(B) develop long-range capital plans, coordinate transit 

services and projects, and carry out other activities pursuant to State law. 

(4) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any other 

provision of law shall remain in effect until the metropolitan 

planning organization is redesignated under paragraph (5). 

(5) REDESIGNATION PROCEDURES.—A metropolitan planning 

organization may be redesignated by agreement between the 

Governor and units of general purpose local government that together represent at least 75 percent of the existing planning 

area population (including the largest incorporated city (based 

on population) as named by the Bureau of the Census) as appropriate to carry out this section. 

(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING

ORGANIZATION.—More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan 

planning organization determine that the size and complexity of 

the existing metropolitan planning area make designation of 

more than 1 metropolitan planning organization for the area 

appropriate. 

(c) METROPOLITAN PLANNING AREA BOUNDARIES.— 

(1) IN GENERAL.—For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by 

645 

agreement between the metropolitan planning organization and 

the Governor. 

(2) INCLUDED AREA.—Each metropolitan planning area— 

(A) shall encompass at least the existing urbanized area 

and the contiguous area expected to become urbanized 

within a 20-year forecast period for the transportation plan; 

and 

(B) may encompass the entire metropolitan statistical 

area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. 

(3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN EXISTING PLANNING AREA BOUNDARIES.—The designation by the Bureau of the Census of new urbanized areas within an existing 

metropolitan planning area shall not require the redesignation 

of the existing metropolitan planning organization. 

(4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or 

carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 

seq.) as of the date of enactment of this paragraph, the boundaries of the metropolitan planning area in existence as of such 

date of enactment shall be retained; except that the boundaries 

may be adjusted by agreement of the Governor and affected 

metropolitan planning organizations in the manner described 

in subsection (b)(5). 

(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAIN- MENT.—In the case of an urbanized area designated after the 

date of enactment of this paragraph as a nonattainment area 

for ozone or carbon monoxide, the boundaries of the metropolitan planning area— 

(A) shall be established in the manner described in subsection (b)(1); 

(B) shall encompass the areas described in paragraph 

(2)(A); 

(C) may encompass the areas described in paragraph 

(2)(B); and 

(D) may address any nonattainment area identified 

under the Clean Air Act for ozone or carbon monoxide. 

(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.— 

646 

(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 and section 5214. 

(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 accordance 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. 

(II) FUNDING.—In addition to funds made available to the metropolitan planning organization 

under other provisions of title 23 and under chapter 53, not more than 1 percent of the funds allocated under section 202 of title 23 may 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 of title 23, be 

funded using funds allocated under section 202 of title 

23. 

(4) RESERVATION OF RIGHTS.—The right to alter, amend or repeal interstate compacts entered into under this subsection is 

expressly reserved. 

(e) MPO CONSULTATION IN PLAN AND TIP COORDINATION.— 

647 

(1) NONATTAINMENT AREAS.—If more than 1 metropolitan 

planning organization has authority within a metropolitan area 

or an area which is designated as a nonattainment area for 

ozone or carbon monoxide under the Clean Air Act, each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and 

the State in the coordination of plans and TIPs required by this 

section. 

(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE

MPOS.—If a transportation improvement funded from the Highway Trust Fund or authorized under chapter 53 is located within the boundaries of more than 1 metropolitan planning area, 

the metropolitan planning organizations shall coordinate plans 

and TIPs regarding the transportation improvement. 

(3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS.—The 

Secretary shall encourage each metropolitan planning organization to consult with those officials responsible for other types of 

planning activities that are affected by transportation in the 

area (including State and local planned growth, economic development, environmental protection, airport operations, and 

freight movements) or to coordinate its planning process, to the 

maximum extent practicable, with such planning activities. 

Under the metropolitan planning process, transportation plans 

and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the 

process shall provide for the design and delivery of transportation services within the metropolitan area that are provided 

by— 

(A) recipients of assistance under chapter 53; 

(B) 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; and 

(C) recipients of assistance under section 204 of title 23. 

(f) SCOPE OF PLANNING PROCESS.— 

(1) IN GENERAL.—The goals and objectives developed through 

the metropolitan planning process for a metropolitan planning 

area under this section shall address the following factors as 

they relate to the performance of the metropolitan area transportation systems: 

(A) Support of the economic vitality of the metropolitan 

area, especially by enabling global competitiveness, productivity, and efficiency. 

(B) Increases in the safety and security of the transportation system for motorized and nonmotorized users. 

(C) Increases in the accessibility and mobility of people 

and for freight. 

(D) Protection and enhancement of the environment, promotion of energy conservation, improvement of the quality 

of life, and promotion of consistency between transportation 

improvements and State and local planned growth and economic development patterns. 

648 

(E) Enhancement of the integration and connectivity of 

the transportation system, across and between modes, for 

people and freight. 

(F) Promotion of efficient system management and operation. 

(G) Emphasis on the preservation of the existing transportation system. 

(2) FAILURE TO CONSIDER FACTORS.—The failure to consider 

any factor specified in paragraph (1) shall not be reviewable by 

any court under title 23 or this title, subchapter II of chapter 

5 of title 5, or chapter 7 of title 5 in any matter affecting a 

transportation plan, a TIP, a project or strategy, or the certification of a planning process. 

(g) DEVELOPMENT OF TRANSPORTATION PLAN.— 

(1) IN GENERAL.—Each metropolitan planning organization 

shall prepare, and update periodically, according to a schedule 

that the Secretary determines to be appropriate, a transportation plan for its metropolitan planning area in accordance 

with the requirements of this subsection. The metropolitan planning organization shall prepare and update such plan every 4 

years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of 

the following: 

(A) Any area designated as nonattainment, as defined in 

section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). 

(B) Any area that was nonattainment and subsequently 

designated to attainment in accordance with section 

107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act 

(42 U.S.C. 7505a). 

In the case of any other area required to have a transportation 

plan in accordance with the requirements of this subsection, the 

metropolitan planning organization shall prepare and update 

such plan every 4 years unless the metropolitan planning organization elects to update more frequently. 

(2) TRANSPORTATION PLAN.—A 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 major roadways, transit, multimodal and intermodal 

facilities, and intermodal connectors) that should function 

as an integrated metropolitan transportation system, giving 

emphasis to those facilities that serve important national 

and regional transportation functions. In formulating the 

transportation plan, the metropolitan planning organization shall consider factors described in subsection (f) as 

such factors relate to a 20-year forecast period. 

(B) A financial plan that demonstrates how the adopted 

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 

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649 

ditional resources beyond those identified in the financial 

plan were available. For the purpose of developing the 

transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop 

estimates of funds that will be available to support plan 

implementation. 

(C) Operational and management strategies to improve 

the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods. 

(D) Capital investment and other strategies to preserve 

the existing and projected future metropolitan transportation infrastructure and provide for multimodal capacity 

increases based on regional priorities and needs. 

(E) Proposed transportation and transit 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 transportation plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act. 

(4) PARTICIPATION BY INTERESTED PARTIES.—Before approving a transportation plan, each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of 

transportation, representatives of users of public transportation, 

representatives of users of pedestrian walkways and bicycle 

transportation facilities, representatives of the disabled, and 

other interested parties with a reasonable opportunity to comment on the transportation plan, in a manner that the Secretary deems appropriate. 

(5) PUBLICATION.—A transportation plan involving Federal 

participation shall be published or otherwise made readily 

available by the metropolitan planning organization for public 

review and submitted for information purposes to the Governor 

at such times and in such manner as the Secretary shall establish. 

(6) 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). 

(h) METROPOLITAN TIP.— 

(1) DEVELOPMENT.— 

(A) IN GENERAL.—In cooperation with the State and any 

affected public transportation operator, the metropolitan 

planning organization designated for a metropolitan area 

shall develop a TIP for the area for which the organization 

is designated. 

(B) OPPORTUNITY FOR COMMENT.—In developing the TIP, 

the metropolitan planning organization, in cooperation 

with the State and any affected public transportation operVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00651 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
650 

ator, shall provide citizens, affected public agencies, representatives of public transportation employees, freight 

shippers, providers of freight transportation services, private providers of transportation, representatives of users of 

public transportation, representatives of the disabled, representatives of users of pedestrian walkways and bicycle facilities, and other interested parties with a reasonable opportunity to comment on the proposed TIP. 

(C) FUNDING ESTIMATES.—For the purpose of developing 

the TIP, the metropolitan planning organization, public 

transportation 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 TIP shall be updated 

at least once every 4 years and shall be approved by the 

metropolitan planning organization and the Governor. 

(2) CONTENTS.— 

(A) PRIORITY LIST.—The TIP shall include a priority list 

of proposed federally supported projects and strategies to be 

carried out within each 4-year period after the initial adoption of the TIP. 

(B) FINANCIAL PLAN.—The TIP shall include a financial 

plan that— 

(i) demonstrates how the TIP 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 TIP if 

reasonable additional resources beyond those identified 

in the financial plan were available. 

(C) DESCRIPTIONS.—Each project in the TIP shall include 

sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the 

project or phase of the project. 

(D) CONGESTION RELIEF ACTIVITIES.—The TIP shall include a listing of congestion relief activities to be carried 

out to meet the requirements of section 139 of title 23, categorized as either under one or under three congestion relief 

activities. 

(3) INCLUDED PROJECTS.— 

(A) PROJECTS UNDER TITLE 23 AND CHAPTER 53.—A TIP 

developed under this subsection for a metropolitan area 

shall include the projects within the area that are proposed 

for funding under chapter 1 of title 23 and chapter 53. 

(B) PROJECTS UNDER CHAPTER 2 OF TITLE 23.—All 

projects proposed for funding under chapter 2 of title 23 

shall be identified individually in the TIP. 

(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION

PLAN.—Each project shall be consistent with the long-range 

transportation plan developed under subsection (g) for the 

area. 

651 

(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 TIP, a metropolitan planning organization, in cooperation with the State 

and any affected public transportation operator, shall provide 

citizens, affected public agencies, representatives of public 

transportation employees, freight shippers, providers of freight 

transportation services, private providers of transportation, representatives of users of public transportation, representatives of 

the disabled, representatives of users of pedestrian walkways 

and bicycle facilities, 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 TIP development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, from 

the approved TIP— 

(i) by— 

(I) in the case of projects under title 23, the 

State; and 

(II) in the case of projects under chapter 53, the 

designated recipients of public transportation 

funding; 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 TIP 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). 

(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 TIP. 

(7) PUBLICATION.— 

(A) PUBLICATION OF TIPS.—A TIP involving Federal 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 orVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00653 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
652 

ganization for public review. The listing shall be consistent 

with the categories identified in the TIP. 

(i) TRANSPORTATION MANAGEMENT AREAS.— (1) IDENTIFICATION AND DESIGNATION.— (A) REQUIRED IDENTIFICATION.—The Secretary shall 

identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) 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. 

(2) TRANSPORTATION PLANS.—In a metropolitan planning 

area serving a transportation management area, transportation 

plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan 

planning organization in cooperation with the State and public 

transportation operators. 

(3) CONGESTION MANAGEMENT PROCESS.—Within a metropolitan planning area serving a transportation management area, 

the transportation planning process under this section shall address congestion management through a process that provides 

for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, 

of new and existing transportation facilities eligible for funding 

under title 23 and chapter 53 through the use of travel demand 

reduction and operational management strategies and shall 

identify a sufficient number of congestion relief activities under 

section 139 of title 23 to meet the requirements of such section. 

The Secretary shall establish an appropriate phase-in schedule 

for compliance with the requirements of this section but no 

sooner than one year after the identification of a transportation 

management area. 

(4) SELECTION OF PROJECTS.— 

(A) IN GENERAL.—All federally funded projects carried 

out within the boundaries of a metropolitan planning area 

serving a transportation management area under title 23 

(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 shall be selected for implementation from the approved 

TIP by the metropolitan planning organization designated 

for the area in consultation with the State and any affected 

public transportation operator. 

(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects, carried out within the boundaries of a metropolitan planning 

area serving 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 under title 23 shall be selected for 

implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area. 

(5) CERTIFICATION.— 

(A) IN GENERAL.—The Secretary shall— 

653 

(i) ensure that the metropolitan planning process of 

a metropolitan planning organization serving a 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 4 years, that the requirements of this 

paragraph are met with respect to the metropolitan 

planning process. 

(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 TIP for the metropolitan planning area 

that has been approved by the metropolitan planning 

organization and the Governor. 

(C) EFFECT OF FAILURE TO CERTIFY.— (i) WITHHOLDING OF PROJECT FUNDS.—If a metropolitan planning process of a metropolitan planning 

organization serving a transportation management 

area is not certified, the Secretary may withhold up to 

20 percent of the funds attributable to the metropolitan 

planning area of the metropolitan planning organization for projects funded under title 23 and chapter 53. 

(ii) RESTORATION OF WITHHELD FUNDS.—The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning 

process is certified by the Secretary. 

(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. 

(j) ABBREVIATED PLANS FOR CERTAIN AREAS.— 

(1) IN GENERAL.—Subject to paragraph (2), in the case of a 

metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the 

development of an abbreviated transportation plan and TIP for 

the metropolitan planning area that the Secretary determines is 

appropriate to achieve the purposes of this section, taking into 

account the complexity of transportation problems in the area. 

(2) NONATTAINMENT AREAS.—The Secretary may not permit 

abbreviated plans or TIPs for a metropolitan area that is in 

nonattainment for ozone or carbon monoxide under the Clean 

Air Act (42 U.S.C. 7401 et seq.). 

(k) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT

AREAS.— 

(1) IN GENERAL.—Notwithstanding any other provisions of 

title 23 or chapter 53, for transportation management areas 

classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be advanced 

in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process. 

654 

(2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropolitan planning area boundaries 

determined under subsection (c). 

(l) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under title 23 or 

chapter 53. 

(m) FUNDING.— (1) SET-ASIDES.—Funds set aside under section 104(f) of title 

23 or section 5305(h) shall be available to carry out this section. 

(2) OTHER FUNDING.—Funds made available under section 

5338(c) shall be available to carry out this section. 

(n) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since plans 

and TIPs described in this section are subject to a reasonable opportunity for public comment, individual projects included in plans 

and TIPs are subject to review under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.), and decisions by the Secretary concerning plans and TIPs described in this section have not 

been reviewed under such Act as of January 1, 1997, any decision 

by the Secretary concerning a plan or TIP described in this section 

shall not be considered to be a Federal action subject to review 

under such Act. 

§ 5214. Statewide Transportation planning 

(a) GENERAL REQUIREMENTS.— (1) DEVELOPMENT OF PLANS AND PROGRAMS.—To accomplish 

the objectives stated in section 5211, each State shall develop a 

statewide transportation plan and a statewide transportation 

improvement program for all areas of the State subject to section 5213. Such program shall cover a period of 4 years and be 

updated every 4 years or more frequently if the Governor elects 

to update more frequently. 

(2) CONTENTS.—The statewide transportation plan and the 

transportation improvement program developed for each State 

shall provide for the development and integrated management 

and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation 

facilities) that will function as an intermodal transportation 

system for the State and an integral part of an intermodal 

transportation system for the United States. 

(3) PROCESS OF DEVELOPMENT.—The process for developing 

the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5211, and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems 

to be addressed. 

(b) COORDINATION WITH METROPOLITAN PLANNING; STATE IMPLE- MENTATION PLAN.—A State shall— 

(1) coordinate planning carried out under this section with 

the transportation planning activities carried out under section 

5213 for metropolitan areas of the State and with statewide 

trade and economic development planning activities and related 

multistate planning efforts; and 

655 

(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 

et seq.). 

(c) INTERSTATE AGREEMENTS.— (1) IN GENERAL.—The consent of Congress is granted to 2 or 

more States entering 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 related to interstate areas and localities in the 

States and establishing authorities the States consider desirable 

for making the agreements and compacts effective. 

(2) RESERVATION OF RIGHTS.—The right to alter, amend or repeal interstate compacts entered into under this subsection is 

expressly reserved. 

(d) SCOPE OF PLANNING PROCESS.— 

(1) IN GENERAL.—Each State shall carry out a statewide 

transportation planning process that provides for consideration 

and implementation of projects, strategies, and services that 

will— 

(A) support the economic vitality of the United States, the 

States, nonmetropolitan areas, 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 of people and 

freight; 

(D) protect and enhance the environment, promote energy 

conservation, improve the quality of life, and promote consistency between transportation improvements and State 

and local planned growth and economic development patterns; 

(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 of the existing transportation system. 

(2) FAILURE TO CONSIDER FACTORS.—The failure to consider 

any factor specified in paragraph (1) shall not be reviewable by 

any court under title 23 or this title, subchapter II of chapter 

5 of title 5, or chapter 7 of title 5 in any matter affecting a 

statewide transportation plan, the transportation improvement 

program, a project or strategy, or the certification of a planning 

process. 

(e) ADDITIONAL REQUIREMENTS.—In carrying out planning under 

this section, each State shall consider, at a minimum— 

(1) with respect to nonmetropolitan areas, the concerns of affected local officials with responsibility for transportation; 

(2) the concerns of Indian tribal governments and Federal 

land management agencies that have jurisdiction over land 

within the boundaries of the State; and 

(3) coordination of transportation plans, the transportation 

improvement program, and planning activities with related 

656 

planning activities being carried out outside of metropolitan 

planning areas and between States. 

(f) LONG-RANGE STATEWIDE TRANSPORTATION PLAN.— (1) DEVELOPMENT.—Each State shall develop a long-range 

statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation 

system of the State. 

(2) CONSULTATION WITH GOVERNMENTS.— (A) METROPOLITAN AREAS.—The statewide transportation 

plan shall be developed for each metropolitan area in the 

State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 

5213. 

(B) NONMETROPOLITAN AREAS.—With respect to nonmetropolitan areas, the statewide transportation plan shall 

be developed in consultation with affected nonmetropolitan 

officials with responsibility for transportation. The Secretary shall not review or approve the consultation process 

in each State. 

(C) INDIAN TRIBAL AREAS.—With respect to each area of 

the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed 

in consultation with the tribal government and the Secretary of the Interior. 

(3) PARTICIPATION BY INTERESTED PARTIES.—In developing 

the statewide transportation plan, the State shall— 

(A) provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, 

private providers of transportation, representatives of users 

of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties with a reasonable opportunity to comment on the proposed plan; and 

(B) identify transportation strategies necessary to efficiently serve the mobility needs of people. 

(4) FINANCIAL PLAN.—The statewide transportation plan may 

include a financial plan that demonstrates how the adopted 

statewide 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 statewide transportation plan if reasonable additional resources beyond those identified in the financial plan 

were available. 

(5) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—A 

State shall not be required to select any project from the illustrative list of additional projects included in the financial plan 

described in paragraph (4). 

(6) EXISTING SYSTEM.—The statewide transportation plan 

should include capital, operations and management strategies, 

investments, procedures, and other measures to ensure the presVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00658 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
657 

ervation and most efficient use of the existing transportation 

system. 

(g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.— 

(1) DEVELOPMENT.—Each State shall develop a statewide 

transportation improvement program for all areas of the State. 

(2) CONSULTATION WITH GOVERNMENTS.— 

(A) METROPOLITAN AREAS.—With respect to each metropolitan area in the State, the program shall be developed 

in cooperation with the metropolitan planning organization 

designated for the metropolitan area under section 5213. 

(B) NONMETROPOLITAN AREAS.—With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation. The Secretary 

shall not review or approve the specific consultation process 

in the State. 

(C) INDIAN TRIBAL AREAS.—With respect to each area of 

the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with 

the tribal government and the Secretary of the Interior. 

(3) PARTICIPATION BY INTERESTED PARTIES.—In developing 

the program, the State shall provide citizens, affected public 

agencies, representatives of public transportation employees, 

freight shippers, private providers of transportation, providers 

of freight transportation services, representatives of users of 

public transportation, representatives of users of pedestrian 

walkways and bicycle transportation facilities, representatives 

of the disabled, and other interested parties with a reasonable 

opportunity to comment on the proposed program. 

(4) INCLUDED PROJECTS.— 

(A) IN GENERAL.—A transportation improvement program developed under this subsection for a State shall include federally supported surface transportation expenditures within the boundaries of the State. 

(B) PROJECTS UNDER CHAPTER 2 OF TITLE 23.—All 

projects proposed for funding under chapter 2 of title 23 

shall be identified individually in the transportation improvement program. 

(C) CONSISTENCY WITH STATEWIDE TRANSPORTATION

PLAN.—Each project shall be— 

(i) consistent with the statewide transportation plan 

developed under this section for the State; 

(ii) identical to the project or phase of the project as 

described in an approved metropolitan transportation 

plan; and 

(iii) in conformance with the applicable State air 

quality implementation plan developed under the 

Clean Air Act (42 U.S.C. 7401 et seq.), if the project is 

carried out in an area designated as nonattainment for 

ozone or carbon monoxide under that Act. 

(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—The 

transportation improvement 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 

658 

project within the time period contemplated for completion 

of the project. 

(E) FINANCIAL PLAN.—The transportation improvement 

program may include a financial plan that demonstrates 

how the approved transportation improvement program can 

be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, 

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. 

(F) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 

(i) NO REQUIRED SELECTION.—Notwithstanding subparagraph (E), a State shall not be required to select 

any project from the illustrative list of additional 

projects included in the financial plan under subparagraph (E). 

(ii) REQUIRED ACTION BY THE SECRETARY.—Action by 

the Secretary shall be required for a State to select any 

project from the illustrative list of additional projects 

included in the financial plan under subparagraph (E) 

for inclusion in an approved transportation improvement program. 

(G) PRIORITIES.—The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement 

activities, required by title 23 and chapter 53. 

(H) PRIORITIZATION OF CONGESTION RELIEF ACTIVITIES.— The transportation improvement program shall reflect the 

priorities for congestion relief activities included in the metropolitan transportation plan to meet the requirements of 

section 139 of title 23. 

(5) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000 POPU- LATION.—Projects carried out in areas with populations of less 

than 50,000 individuals shall be selected, from the approved 

transportation improvement program (excluding projects carried out on the National Highway System and projects carried 

out under the bridge program or the Interstate maintenance 

program under title 23 or sections 5310, 5311, 5316, and 5317), 

by the State in cooperation with the affected nonmetropolitan 

local officials with responsibility for transportation. Projects 

carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge 

program or the Interstate maintenance program under title 23 

or under sections 5310, 5311, 5316, and 5317 shall be selected, 

from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation. 

(6) TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL.— Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by 

the Secretary if based on a current planning finding. 

659 

(7) PLANNING FINDING.—A finding shall be made by the Secretary at least every 4 years that the transportation planning 

process through which statewide transportation plans and programs are developed is consistent with this section and section 

5213. 

(8) 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. 

(h) FUNDING.— 

(1) SET-ASIDE.—Funds set aside pursuant to section 104(i) of 

title 23 shall be available to carry out this section. 

(2) OTHER FUNDING.—Funds made available under section 

5338(c) shall be available to carry out this section. 

(i) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION MANAGEMENT PROCESSES.—For purposes of this section and section 

5213, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under section 5213(i)(3) if the Secretary finds that 

the State laws, rules, or regulations are consistent with, and fulfill 

the intent of, the purposes of section 5213, as appropriate. 

(j) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since the 

statewide transportation plan and the transportation improvement 

program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the 

statewide transportation plans and the transportation improvement 

program are subject to review under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by 

the Secretary concerning statewide transportation plans or the 

transportation improvement program described in this section have 

not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action 

subject to review under such Act. 

SUBCHAPTER C—EFFICIENT ENVIRONMENTAL REVIEWS 

FOR PROJECT DECISIONMAKING 

§ 5251. Definitions and applicability 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) AGENCY.—The term ‘‘agency’’ means any agency, department, or other unit of Federal, State, local, or Indian tribal government. 

(2) ENVIRONMENTAL IMPACT STATEMENT.—The term ‘‘environmental impact statement’’ means the detailed statement of environmental impacts 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 an environmental impact statement, environmental assessment, 

categorical exclusion, or other document prepared under the 

660 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.). 

(B) INCLUSIONS.—The term 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) LEAD AGENCY.—The term ‘‘lead agency’’ means the Department of Transportation and, if applicable, any State or local 

governmental entity serving as a joint lead agency pursuant to 

this section. 

(5) MULTIMODAL PROJECT.—The term ‘‘multimodal project’’ 

means a project funded, in whole or in part, under title 23 or 

chapter 53 and involving the participation of more than one Department of Transportation administration or agency. 

(6) PROJECT.—The term ‘‘project’’ means any highway project, 

public transportation capital project, or multimodal project that 

requires the approval of the Secretary. 

(7) PROJECT SPONSOR.—The term ‘‘project sponsor’’ means the 

agency or other entity, including any private or public-private 

entity, that seeks approval of the Secretary for a project. 

(8) STATE TRANSPORTATION DEPARTMENT.—The term ‘‘State 

transportation department’’ means any statewide agency of a 

State with responsibility for one or more modes of transportation. 

(b) APPLICABILITY.—This subchapter is applicable to all projects 

for which an environmental impact statement is prepared under the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

This subchapter may be applied, to the extent determined appropriate by the Secretary, to other projects for which an environmental 

document is prepared pursuant to such Act. Any authorities granted 

in this subchapter may be exercised for a project, class of projects, 

or program of projects. 

§ 5252. Project development procedures 

(a) LEAD AGENCIES.— (1) FEDERAL LEAD AGENCY.—The Department of Transportation shall be the Federal lead agency in the environmental review process for a project. 

(2) PROJECT SPONSOR AS JOINT LEAD AGENCY.—Any project 

sponsor that is a State or local governmental entity receiving 

funds under title 23 or chapter 53 for the project shall serve as 

a joint lead agency with the Department for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and may 

prepare any such environmental document required in support 

of any action or approval by the Secretary if the Federal lead 

agency furnishes guidance in such preparation and independently evaluates such document and the document is approved 

and adopted by the Secretary prior to the Secretary taking any 

subsequent action or making any approval based on such document, whether or not the Secretary’s action or approval results 

in Federal funding. 

(3) ENSURING COMPLIANCE.—The Secretary shall ensure that 

the project sponsor complies with all design and mitigation 

661 

commitments made jointly by the Secretary and the project 

sponsor in any environmental document prepared by the project 

sponsor in accordance with this subsection and that such document is appropriately supplemented if project changes become 

necessary. 

(4) ADOPTION AND USE OF DOCUMENTS.—Any environmental 

document prepared in accordance with this subsection may be 

adopted or used by any Federal agency making any approval 

to the same extent that such Federal agency could adopt or use 

a document prepared by another Federal agency. 

(b) PARTICIPATING AGENCIES.— (1) IN GENERAL.—The lead agency shall be responsible for inviting and designating participating agencies in accordance 

with this subsection. 

(2) INVITATION.—The lead agency shall identify, as early as 

practicable in the environmental review process for a project, 

any other Federal and non-Federal agencies that may have an 

interest in the project, and shall invite such agencies to become 

participating agencies in the environmental review process for 

the project. The invitation shall set a deadline for responses to 

be submitted. The deadline may be extended by the lead agency 

for good cause. 

(3) FEDERAL PARTICIPATING AGENCIES.—Any Federal agency 

that is invited by the lead agency to participate in the environmental review process for a project shall be designated as a participating 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 participating 

agency under this subsection shall not imply that the participating agency— 

(A) supports a proposed project; or 

(B) has any jurisdiction over, or special expertise with respect to evaluation of, the project. 

(5) COOPERATING AGENCY.—A participating agency may also 

be designated by a lead agency as a ‘cooperating agency’ under 

the regulations contained in part 1500 of title 40, Code of Federal Regulations. 

(6) DESIGNATIONS FOR CATEGORIES OF PROJECTS.—The Secretary may exercise the authorities granted under this subsection for a project, class of projects, or program of projects. 

(c) PROJECT INITIATION.— 

(1) IN GENERAL.—The project sponsor shall initiate the environmental review process for a project by submitting an initiation notice to the Secretary. 

(2) CONTENTS OF NOTICE.—The initiation notice shall include, at a minimum, a brief description of the type of work, 

termini, length, and general location of the proposed project, together with a statement of any Federal approvals anticipated to 

be needed for the project. 

662 

(d) PURPOSE AND NEED.— 

(1) PARTICIPATION.—As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the 

public in defining the purpose and need for a project. 

(2) DEFINITION.—Following participation under paragraph 

(1), the lead agency shall define the project’s purpose and need 

for purposes of any document which the lead agency is responsible for preparing for the project. 

(3) OBJECTIVES.—The statement of purpose and need shall include a clear statement of the objectives that the proposed action is intended to achieve, which may include— 

(A) achieving a transportation objective identified in an 

applicable statewide or metropolitan transportation plan; 

(B) supporting land use, economic development, or 

growth objectives established in applicable Federal, State, 

local, or tribal plans; and 

(C) serving national defense, national security, or other 

national objectives, as established in Federal laws, plans, 

or policies. 

(e) ALTERNATIVES ANALYSIS.— 

(1) PARTICIPATION.—As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the 

public in determining the range of alternatives to be considered 

for a project. 

(2) RANGE OF ALTERNATIVES.—Following participation under 

paragraph (1), the lead agency shall determine the range of alternatives for consideration in any document which the lead 

agency is responsible for preparing for the project. 

(3) METHODOLOGIES.—The lead agency also shall determine, 

in collaboration with participating agencies at appropriate 

times during the study process, the methodologies to be used 

and the level of detail required in the analysis of each alternative for a project. 

(4) PREFERRED ALTERNATIVE.—At the discretion of the lead 

agency, the preferred alternative for a project, after being identified, may be developed to a higher level of detail than other alternatives in order to facilitate the development of mitigation 

measures or concurrent compliance with other applicable laws 

if the lead agency determines that the development of such 

higher level of detail will not prevent the lead agency from making an impartial decision as to whether to accept another alternative which is being considered in the environmental review 

process. 

(f) COMMENT DEADLINES.—The lead agency shall establish the 

following deadlines for comment during the environmental review 

process for a project: 

(1) For comments by agencies and the public on a draft environmental impact statement, a period of no more than 60 days 

from the date of public availability of such document, unless— 

(A) a different deadline is established by agreement of the 

lead agency, the project sponsor, and all participating 

agencies; or 

663 

(B) the deadline is extended by the lead agency for good 

cause. 

(2) For all other comment periods established by the lead 

agency for agency or public comments in the environmental review process, a period of no more than 30 days from availability of the materials on which comment is requested, unless— 

(A) a different deadline is established by agreement of the 

lead agency, the project sponsor, and all participating 

agencies; or 

(B) the deadline is extended by the lead agency for good 

cause. 

(g) ISSUE IDENTIFICATION AND RESOLUTION.— 

(1) COOPERATION.—The lead agency and the participating 

agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion 

of the environmental review process or could result in denial of 

any approvals required for the project under applicable laws. 

(2) LEAD AGENCY RESPONSIBILITIES.—The lead agency shall 

make information available to the participating agencies as 

early as practicable in the environmental review process regarding the environmental and socioeconomic resources located 

within the project area and the general locations of the alternatives under consideration. Such information may be based on 

existing data sources, including geographic information systems 

mapping. 

(3) PARTICIPATING AGENCY RESPONSIBILITIES.—Based on information received from the lead agency, participating agencies 

shall identify, as early as practicable, any issues of concern regarding the project’s potential environmental or socioeconomic 

impacts. In this paragraph, issues of concern include any issues 

that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project. 

(4) ISSUE RESOLUTION.—Whenever issues of concern are identified or at any time upon request of a project sponsor, the lead 

agency shall promptly convene a meeting with the relevant participating agencies. If a resolution cannot be achieved within 30 

days following such a meeting and a determination by the lead 

agency that all information necessary to resolve the issue has 

been obtained, the lead agency shall notify the heads of all Federal agencies involved in the meeting and the Committee on Environment and Public Works of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives and shall publish such notification in the Federal Register. 

(h) PARTICIPATION OF STATE AGENCIES.—For any project eligible 

for assistance under title 23 or chapter 53, a State may require, 

under procedures established by State law, that all State agencies 

that have jurisdiction by State or Federal law over environmentalrelated 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 agency’s participation would not be in the 

664 

public interest. A State participating in the review process must require all State agencies with jurisdiction to be subject to and comply 

with the review process to the same extent as a Federal agency. 

(i) ASSISTANCE TO AFFECTED STATE AND FEDERAL AGENCIES.— (1) IN GENERAL.—For a project that is subject to the environmental review process established under this section and for 

which funds are made available to a State under title 23 or 

chapter 53, the Secretary may approve a request by the State to 

provide funds so made available to affected Federal agencies 

(including the Department of Transportation), State agencies, 

and Indian tribes participating in the environmental review 

process for the project. Such funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving transportation project planning and delivery. Such activities may include dedicated staffing, training 

of agency personnel, information gathering and mapping, and 

development of programmatic agreements. The Secretary may 

also use funds made available under section 204 of title 23 for 

a project for the purposes specified in this subsection with respect to the environmental review process for the project. 

(2) AMOUNTS.—Requests under paragraph (1) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or 

Indian tribes participating in the environmental review process 

to meet the time limits for environmental review. 

(3) CONDITION.—A request under paragraph (1) to expedite 

time limits for environmental review may be approved only if 

such time limits are less than the customary time necessary for 

such review. 

(j) JUDICIAL REVIEW AND SAVINGS CLAUSE.— 

(1) JUDICIAL REVIEW.—Except as set forth under subsection 

(k), nothing in this section shall affect the reviewability of any 

final Federal agency action in a court of the United States. 

(2) SAVINGS CLAUSE.—Nothing in this section shall be construed as superseding, amending, or modifying 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. 

(3) LIMITATIONS.—Nothing in this section shall preempt or 

interfere with— 

(A) any practice of seeking, considering, or responding to 

public comment; or 

(B) any power, jurisdiction, responsibility, or authority 

that a Federal, State, or local government agency, metropolitan planning organization, Indian tribe, or project 

sponsor has with respect to carrying out a project or any 

other provisions of law applicable to projects, plans, or programs. 

(k) LIMITATIONS ON CLAIMS.— (1) IN GENERAL.—Notwithstanding any other provision of 

law, a claim arising under Federal law seeking judicial review 

of a permit, license, or approval issued by a Federal agency for 

a highway or public transportation capital project shall be 

barred unless it is filed within 90 days after the permit, license, 

665 

or approval is final pursuant to the law under which the agency 

action is taken, unless a shorter time is specified in the Federal 

law pursuant to which judicial review is allowed. Nothing in 

this subsection shall create a right to judicial review or place 

any limit on filing a claim that a person has violated the terms 

of a permit, license, or approval. 

(2) NEW INFORMATION.—The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under section 771.130 of title 23, Code 

of Federal Regulations. The preparation of a supplemental environmental impact statement when required shall be considered 

a separate final agency action and the deadline for filing a 

claim for judicial review of such action shall be 90 days after 

the date of such action. 

CHAPTER 53—øMASS¿ PUBLIC TRANSPORTATION 

Sec. 

5301. Policies, findings, and purposes. 

* * * * * * * 

ø5304. Transportation improvement program. 

ø5305. Transportation management areas. 

ø5306. Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations.¿ 

5304. Statewide planning. 

5305. Planning programs. 

5306. Private enterprise participation in planning; relationship to other limitations. 

* * * * * * * 

ø5309. Capital investment grants and loans. 

ø5310. formula Grants and loans for special needs of elderly individuals and individuals with disabilities. 

ø5311. Formula grant for other than urbanized areas. 

ø5312. Research, development, demonstration, and training projects. 

ø5313. State planning and research programs. 

ø5314. National planning and research programs.¿ 

5309. Capital investment grants. 

5310. Formula grants for special needs of elderly individuals and individuals with 

disabilities. 

5311. Formula grants for other than urbanized areas. 

5312. Research, development, demonstration, and deployment projects. 

5313. Cooperative research program. 

5314. National research and technology programs. 

* * * * * * * 

5316. Job access and reverse commute formula grants. 

5317. New freedom program. 

* * * * * * * 

ø5320. Suspended light rail system technology pilot project.¿ 

5320. Transit in the parks pilot program. 

* * * * * * * 

ø5324. Limitations on discretionary and special needs grants and loans.¿ 

5324. Special provisions for capital projects. 

5325. Contract requirements. 

ø5326. Special procurements.¿ 

* * * * * * * 

ø5329. Investigation of safety hazards. 

ø5330. Withholding amounts for noncompliance with safety requirements.¿ 

5329. Investigation of safety and hazards. 

5330. State safety oversight. 

* * * * * * * 

ø5335. Reports and audits.¿ 

666 

5335. National transit database. 

5336. Apportionment of appropriations for formula grants. 

ø5337. Apportionment of appropriations for fixed guideway modernization.¿ 

5337. Apportionment based on fixed guideway factors. 

* * * * * * * 

§ 5301. Policies, findings, and purposes 

ø(a) DEVELOPMENT OF TRANSPORTATION SYSTEMS.—It is in the 

interest of the United States to encourage and promote the development of transportation systems that embrace various modes of 

transportation and efficiently maximize mobility of individuals and 

goods in and through urbanized areas and minimize transportation-related fuel consumption and air pollution.¿ 

(a) DEVELOPMENT AND REVITALIZATION OF PUBLIC TRANSPOR- TATION SYSTEMS.—It is in the interest of the United States to foster 

the development and revitalization of public transportation systems 

that— 

(1) maximize the safe, secure, and efficient mobility of individuals; 

(2) minimize environmental impacts; and 

(3) minimize transportation-related fuel consumption and reliance on foreign oil. 

* * * * * * * 

(b) GENERAL FINDINGS.—Congress finds that— 

(1) * * * 

* * * * * * * 

(4) for many years the ømass¿ public transportation industry 

capably and profitably satisfied the transportation needs of the 

urban areas of the United States but in the early 1970’s continuing even minimal ømass¿ public transportation service in 

urban areas was threatened because maintaining that transportation service was financially burdensome; 

* * * * * * * 

(6) some urban areas were developing preliminary plans for, 

or carrying out, projects in the early 1970’s to revitalize their 

ømass¿ public transportation operations; 

(7) significant ømass¿ public transportation improvements 

are necessary to achieve national goals for improved air quality, energy conservation, international competitiveness, and 

mobility for elderly individuals, individuals with disabilities, 

and economically disadvantaged individuals in urban and rural 

areas of the United States; 

(8) financial assistance by the Government to develop efficient and coordinated ømass¿ public transportation systems is 

essential to solve the urban transportation problems referred 

to in clause (2) of this subsection; and 

(9) immediate substantial assistance by the Government is 

needed to enable ømass¿ public transportation systems to continue providing vital transportation service. 

* * * * * * * 

(d) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.— It is the policy of the Government that elderly individuals and individuals with disabilities have the same right as other individuals 

to use ømass¿ public transportation service and facilities. Special 

667 

efforts shall be made in planning and designing ømass¿ public 

transportation service and facilities to ensure that ømass¿ public 

transportation can be used by elderly individuals and individuals 

with disabilities. All programs of the Government assisting ømass¿ 

public transportation shall carry out this policy. 

(e) PRESERVING THE ENVIRONMENT.—It is the policy of the Government that special effort shall be made to preserve the natural 

beauty of the countryside, public park and recreation lands, wildlife 

and waterfowl refuges, and important historical and cultural assets 

when planning, designing, and carrying out øan urban mass¿ a 

public transportation capital project with assistance from the Government øunder sections 5309 and 5310 of this title¿. (f) GENERAL PURPOSES.—The purposes of this chapter are— 

(1) to assist in developing improved ømass¿ public transportation equipment, facilities, techniques, and methods with the 

cooperation of øpublic and private mass transportation companies¿ both public transportation companies and private companies engaged in public transportation; 

(2) to encourage the planning and establishment of areawide 

øurban mass¿ public transportation systems needed for economical and desirable urban development with the cooperation 

of øpublic and private mass transportation companies¿ both 

public transportation companies and private companies engaged in public transportation; 

(3) to assist States and local governments and their authorities in financing areawide øurban mass¿ public transportation 

systems that are to be operated by øpublic or private mass 

transportation companies¿ public transportation companies or 

private companies engaged in public transportation as decided 

by local needs; 

* * * * * * * 

(5) to establish a partnership that allows a community, with 

financial assistance from the Government, to satisfy its øurban 

mass¿ public transportation requirements. 

§ 5302. Definitions 

(a) IN GENERAL.—øIn this chapter¿ Except as otherwise specifically provided, in this chapter, the following definitions apply: 

(1) CAPITAL PROJECT.—The term ‘‘capital project’’ means a 

project for— 

(A) acquiring, constructing, supervising, or inspecting 

equipment or a facility for use in ømass¿ public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, 

mapping, and acquiring rights-of-way), payments for the 

capital portions of rail trackage rights agreements, transitrelated intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; 

* * * * * * * 

(F) leasing equipment or a facility for use in ømass¿ 

public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to 

668 

those that are more cost-effective than purchase or construction; 

(G) a ømass¿ public transportation improvement that 

enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a ømass¿ public 

transportation facility, construction, renovation, and improvement of intercity bus stations and terminals, and the 

renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a ømass¿ public transportation project and is related physically or functionally to that ømass¿ public 

transportation project, or establishes new or enhanced coordination between ømass¿ public transportation and 

other transportation, and provides a fair share of revenue 

for ømass¿ public transportation that will be used for 

ømass¿ public transportation— 

(i) * * * 

(ii) excluding construction of a commercial revenueproducing facility (other than an intercity bus station 

or terminal) or a part of a public facility not related 

to ømass¿ public transportation; 

(H) the introduction of new technology, through innovative and improved products, into ømass¿ public transportation; øor¿ 

(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but 

only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route 

and demand responsive service, and only for amounts not 

to exceed 10 percent of such recipient’’s annual formula apportionment under sections 5307 and 5311ø.¿; 

(J) crime prevention and security— 

(i) including— 

(I) projects to refine and develop security and 

emergency response plans; 

(II) projects aimed at detecting chemical and biological agents in public transportation; 

(III) the conduct of emergency response drills 

with public transportation agencies and local first 

response agencies; and 

(IV) security training for public transportation 

employees; but 

(ii) excluding all expenses related to operations, other 

than such expenses incurred in conducting activities 

described in subclauses (III) and (IV); 

(K) establishment of a debt service reserve made up of deposits with a bondholders’ trustee in a noninterest bearing 

account for the purpose of ensuring timely payment of principal and interest on bonds issued by a grant recipient for 

purposes of financing an eligible project under this chapter; 

or 

(L) mobility management— 

669 

(i) consisting of short-range planning and management activities and projects for improving coordination 

among public transportation and other transportation 

service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but 

(ii) excluding operating public transportation services. 

* * * * * * * 

(4) FIXED GUIDEWAY.—The term ‘‘fixed guideway’’ means a 

ømass¿ public transportation facility— 

(A) using and occupying a separate right-of-way or rail 

for the exclusive use of ømass¿ public transportation and 

other high occupancy vehicles; or 

* * * * * * * 

(5) øHANDICAPPED INDIVIDUAL¿ INDIVIDUAL WITH A DIS- ABILITY.—The term ‘‘øhandicapped individual¿ individual with 

a disability’’ means an individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is 

a wheelchair user or has semiambulatory capability), cannot 

use effectively, without special facilities, planning, or design, 

ømass¿ public transportation service or a ømass¿ public transportation facility. 

* * * * * * * 

ø(7) MASS TRANSPORTATION.—The term ‘‘mass transportation’’ means transportation by a conveyance that provides 

regular and continuing general or special transportation to the 

public, but does not include school bus, charter, or sightseeing 

transportation.¿ 

(7) MASS TRANSPORTATION.—The term ‘‘mass transportation’’ 

means public transportation. 

* * * * * * * 

(9) NEW BUS MODEL.—The term ‘‘new bus model’’ means a 

bus model (including a model using alternative fuel)— 

(A) that has not been used in ømass¿ public transportation in the United States before the date of production 

of the model; or 

(B) used in ømass¿ public transportation in the United 

States, but being produced with a major change in configuration or components. 

ø(10) PUBLIC TRANSPORTATION.—The term ‘‘public transportation’’ means mass transportation.¿ 

(10) PUBLIC TRANSPORTATION.—The term ‘‘public transportation’’ means transportation by a conveyance that provides regular and continuing general or special transportation to the 

public, but does not include schoolbus, charter, or sightseeing 

transportation. 

* * * * * * * 

(14) TRANSIT.—The term ‘‘transit’’ means ømass¿ public 

transportation. 

670 

(15) TRANSIT ENHANCEMENT.—The term ‘‘transit enhancement’’ means, with respect to any project or an area to be 

served by a project, projects that are designed to enhance 

ømass¿ public transportation service or use and that are physically or functionally related to transit facilities. Eligible 

projects are— 

(A) historic preservation, rehabilitation, and operation of 

historic ømass¿ public transportation buildings, structures, and facilities (including historic bus and railroad facilities); 

* * * * * * * 

(F) bicycle access, including bicycle storage facilities and 

installing equipment for transporting bicycles on ømass¿ 

public transportation vehicles; 

(G) transit connections to parks within the recipient’s 

transit service area; 

(H) signage; and 

(I) enhanced access for persons with disabilities to 

ømass¿ public transportation. 

(16) URBAN AREA.—The term ‘‘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 ømass¿ public transportation system to serve individuals in the locality. 

ø(17) URBANIZED AREA.—The term ‘‘urbanized area’’ means 

an area— 

ø(A) encompassing at least an urbanized area within a 

State that the Secretary of Commerce designates; and 

ø(B) designated as an urbanized area within boundaries 

fixed by State and local officials and approved by the Secretary.¿ 

(17) URBANIZED AREA.—The term ‘‘urbanized area’’ means an 

area encompassing a population of at least 50,000 people that 

has been defined and designated in the latest decennial census 

as an urbanized area by the Secretary of Commerce. 

(b) AUTHORITY TO MODIFY ‘‘øHANDICAPPED INDIVIDUAL¿ INDIVIDUAL WITH A DISABILITY’’.—The Secretary may by regulation 

modify the definition of the term ‘‘øhandicapped individual¿ individual with a disability’’ in subsection (a)(5) as it applies to section 

5307(d)(1)(D). 

ø§ 5303. Metropolitan planning 

ø(a) GENERAL REQUIREMENTS.— ø(1) DEVELOPMENT OF PLANS AND PROGRAMS.—To carry out 

section 5301(a), metropolitan planning organizations designated under subsection (c), in cooperation with the States 

and mass transportation operators, shall develop transportation plans and programs for urbanized areas of the State. 

ø(2) CONTENTS.—The plans and programs developed under 

paragraph (1) for each metropolitan area shall provide for the 

development and integrated management and operation of 

transportation systems and facilities (including pedestrian 

walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropoliVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00672 Fmt 6659 Sfmt 9001 E:\HR\OC\HR012.XXX HR012
671 

tan area and as an integral part of an intermodal transportation system for the State and the United States. 

ø(3) PROCESS.—The process for developing the plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive 

to the degree appropriate, based on the complexity of the 

transportation problems to be addressed. 

ø(b) SCOPE OF PLANNING PROCESS.— ø(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— 

ø(A) support the economic vitality of the metropolitan 

area, especially by enabling global competitiveness, productivity, and efficiency; 

ø(B) increase the safety and security of the transportation system for motorized and nonmotorized users; 

ø(C) increase the accessibility and mobility options available to people and for freight; 

ø(D) protect and enhance the environment, promote energy conservation, and improve quality of life; 

ø(E) enhance the integration and connectivity of the 

transportation system, across and between modes, for people and freight; 

ø(F) promote efficient system management and operation; and 

ø(G) emphasize the preservation of the existing transportation system. 

ø(2) 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. 

ø(c) DESIGNATING METROPOLITAN PLANNING ORGANIZATIONS.—(1) 

To carry out the planning process required by this section and sections 5304–5306 of this title, a metropolitan planning organization 

shall be designated for each urbanized area with a population of 

more than 50,000— 

ø(A) by agreement of the chief executive officer of a State 

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 

ø(B) under procedures established by State or local law. 

ø(2) Each policy board of a metropolitan planning organization 

that serves an area designated as a transportation management 

area when designated or redesignated under this subsection shall 

consist of local elected officials, officials of public agencies that administer or operate major modes of transportation in the metropolitan area (including all transportation authorities included in the 

organization on June 1, 1991), and appropriate State officials. 

ø(3) More than one metropolitan planning organization may be 

designated within an existing metropolitan planning area only if 

the chief executive officer of the State and the existing metropolitan organization determine that the size and complexity of the exVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00673 Fmt 6659 Sfmt 9001 E:\HR\OC\HR012.XXX HR012
672 

isting metropolitan planning area make designation of more than 

one organization appropriate. 

ø(4) A designation is effective until— 

ø(A) the organization is redesignated under paragraph (5) of 

this subsection; or 

ø(B) revoked— 

ø(i) by agreement of the chief executive officer and units 

of general local government representing at least 75 percent of the affected population; or 

ø(ii) as otherwise provided by State or local procedures. 

ø(5)(A) The chief executive officer 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) may redesignate by agreement a metropolitan planning organization when appropriate to carry out this 

section and sections 5304–5306 of this title. 

ø(B) A metropolitan planning organization shall be redesignated 

on request of one or more units of general local government representing at least 25 percent of the affected population (including 

the central city or cities, as defined by the Bureau of the Census) 

in an urbanized area with a population of more than 5,000,000, but 

less than 10,000,000 or that is an extreme nonattainment area for 

ozone or carbon monoxide (as defined in the Clean Air Act (42 

U.S.C. 7401 et seq.)). 

ø(C) A metropolitan planning organization shall be redesignated 

using procedures established to carry out this paragraph. 

ø(D) Designations of metropolitan planning organizations, whether made under this section or under any other provision of law, 

shall remain in effect until redesignation under this paragraph. 

ø(6) This subsection does not affect the authority, under State 

law in effect on December 18, 1991, of a public authority with 

multimodal transportation responsibilities— 

ø(A) to develop plans and programs for a metropolitan planning organization to adopt; and 

ø(B) to develop long-range capital plans, coordinate mass 

transportation services and projects, and carry out other activities under State law. 

ø(d) METROPOLITAN PLANNING AREA BOUNDARIES.— ø(1) IN GENERAL.—To carry out this section, the metropolitan 

planning organization and the chief executive officer shall decide by agreement on the boundaries of a metropolitan planning area. 

ø(2) INCLUDED AREA.—Each metropolitan planning area— 

ø(A) shall encompass at least the existing urbanized 

area and the contiguous area expected to become urbanized within a 20-year forecast period; and 

ø(B) may encompass the entire metropolitan statistical 

area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. 

ø(3) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAIN- MENT.—Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or 

carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 

seq.), the boundaries of the metropolitan planning area in existence as of the date of enactment of this paragraph shall be 

673 

retained, except that the boundaries may be adjusted by agreement of the chief executive officer of the State and any affected 

metropolitan planning organizations, in the manner described 

in subsection (c)(5). 

ø(4) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of an urbanized area designated after the 

date of enactment of this paragraph as a nonattainment area 

for ozone or carbon monoxide under the Clean Air Act, the 

boundaries of the metropolitan planning area— 

ø(A) shall be established in the manner described in subsection (c)(1); 

ø(B) shall encompass the areas described in paragraph 

(2)(A); 

ø(C) may encompass the areas described in paragraph 

(2)(B); and 

ø(D) may address any nonattainment area identified 

under the Clean Air Act for ozone or carbon monoxide. 

ø(e) COORDINATION.—(1) The Secretary of Transportation shall 

establish requirements the Secretary considers appropriate to encourage chief executive officers and metropolitan planning organizations with responsibility for part of a multi-State metropolitan 

area to provide coordinated transportation planning for the entire 

area. 

ø(2) Congress consents to at least 2 States making an agreement 

or compact, not in conflict with a law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section related to interstate areas and localities 

in the States and establishing authorities the States consider desirable for making the agreements and compacts effective. 

ø(3) If more than one metropolitan planning organization has authority in a metropolitan area or an area designated a nonattainment area for ozone or carbon monoxide under the Clean Air Act 

(42 U.S.C. 7401 et seq.), each organization shall consult with the 

other organizations designated for the area and the State to coordinate plans and projects required by this section and sections 5304– 

5306 of this title. 

ø(4) 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— 

ø(A) by recipients of assistance under this chapter; and 

ø(B) by governmental agencies and non-profit organizations 

(including representatives of the agencies and organizations) 

that receive Governmental assistance from a source other than 

the Department of Transportation to provide non-emergency 

transportation services. 

ø(5) COORDINATION.—If a project is located within the boundaries of more than 1 metropolitan planning organization, the 

metropolitan planning organizations shall coordinate plans regarding the project. 

ø(6) LAKE TAHOE REGION.— 

ø(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 

674 

Compact, as set forth in the first section of Public Law 96– 

551 (94 Stat. 3234). 

ø(B) TRANSPORTATION PLANNING PROCESS.—The Secretary shall— 

ø(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 

ø(ii) coordinate the transportation planning process 

with the planning process required of State and local 

governments under this chapter and sections 134 and 

135 of title 23. 

ø(C) INTERSTATE COMPACT.— 

ø(i) IN GENERAL.—Subject to clause (ii) and 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 accordance with procedures established by applicable 

State or local law. 

ø(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT

AGENCIES.— 

ø(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 chapter and 

under title 23, not more than 1 percent of the 

funds allocated under section 202 of title 23 may 

be used to carry out the transportation planning 

process for the Lake Tahoe region under this subparagraph. 

ø(D) ACTIVITIES.—Highway projects included in transportation plans developed under this paragraph— 

ø(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 

ø(ii) may, in accordance with chapter 2 of title 23, 

be funded using funds allocated under section 202 of 

title 23. 

ø(f) DEVELOPING LONG-RANGE TRANSPORTATION PLANS.—(1) Each 

metropolitan planning organization shall prepare and update periodically, according to a schedule the Secretary of Transportation 

decides is appropriate, a long-range plan for its metropolitan area 

675 

under the requirements of this section. The plan shall be in the 

form the Secretary considers appropriate and at least shall— 

ø(A) identify transportation facilities (including major roadways, mass transportation, and multimodal and intermodal facilities) that should function as an integrated metropolitan 

transportation system, emphasizing transportation facilities 

that serve important national, regional, and metropolitan 

transportation functions; 

ø(B) include a financial plan that— 

ø(i) demonstrates how the long-range plan can be carried 

out; 

ø(ii) indicates resources from public and private sources 

reasonably expected to be made available to carry out the 

plan; and 

ø(iii) recommends any additional financing strategies for 

needed projects and programs; 

ø(C) identify transportation strategies necessary— 

ø(i) to ensure preservation, including requirements for 

management, operation, modernization, and rehabilitation, 

of the existing and future transportation system; and 

ø(ii) to use existing transportation facilities most efficiently to relieve congestion, to efficiently serve the mobility needs of people and goods, and to enhance access within the metropolitan planning area; 

ø(D) indicate appropriate proposed transportation enhancement activities; and 

ø(E) the financial plan may include, for illustrative purposes, 

additional projects that would be included in the adopted longrange plan if reasonable additional resources beyond those 

identified in the financial plan were available, except that, for 

the purpose of developing the long-range plan, the metropolitan planning organization and the State shall cooperatively develop estimates of funds that will be available to support plan 

implementation. 

ø(2) When formulating a long-range transportation plan, the metropolitan planning organization shall consider the factors described 

in subsection (b) of this section and any State or local goals developed within the cooperative metropolitan planning process as they 

relate to a 20-year forecast period and to other forecast periods as 

determined by the participants in the planning process. 

ø(3) In a metropolitan area that is in a nonattainment area for 

ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 

et seq.), the metropolitan planning organization shall coordinate 

the development of the long-range plan with the development of 

the transportation control measures of the State Implementation 

Plan required by the Act. 

ø(4) Before approving a long-range plan, each metropolitan planning organization shall provide citizens, affected public agencies, 

representatives of mass transportation authority 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 plan in a way the Secretary of Transportation considers appropriate. 

ø(5) A long-range plan shall be— 

676 

ø(A) published or otherwise made readily available for public 

review; and 

ø(B) submitted for information purposes to the chief executive officer of the State at the time and in the way the Secretary of Transportation establishes. 

ø(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—Notwithstanding paragraph (1)(E), 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 (1)(B). 

ø(g) GRANTS.—Under criteria the Secretary of Transportation establishes, the Secretary may make contracts for, and grants to, 

States, local governmental authorities, and authorities of the 

States and governmental authorities, or may make agreements 

with other departments, agencies, and instrumentalities of the 

Government, to plan, engineer, design, and evaluate a mass transportation project and for other technical studies, including— 

ø(1) studies related to management, operations, capital requirements, and economic feasibility; 

ø(2) evaluating previously financed projects; and 

ø(3) other similar and related activities preliminary to and 

in preparation for constructing, acquiring, or improving the operation of facilities and equipment. 

ø(h) BALANCED AND COMPREHENSIVE PLANNING.—(1) To the extent practicable, the Secretary of Transportation shall ensure that 

amounts made available under subsection (c) or (h)(1) of section 

5338 of this title to carry out this section and sections 5304 and 

5305 of this title are used to support balanced and comprehensive 

transportation planning that considers the relationships among 

land use and all transportation modes, without regard to the programmatic source of the planning amounts. 

ø(2)(A) The Secretary of Transportation shall apportion 80 percent of the amount made available under subsection (c) or (h)(1) of 

section 5338 of this title to States in a ratio equal to the population 

in urbanized areas in each State divided by the total population in 

urbanized areas in all States, as shown by the latest available decennial census. A State may not receive less than .5 percent of the 

amount apportioned under this subparagraph. 

ø(B) Amounts apportioned to a State under subparagraph (A) of 

this paragraph shall be allocated to metropolitan planning organizations in the State designated under this section under a formula— 

ø(i) the State develops in cooperation with the metropolitan 

planning organizations; 

ø(ii) the Secretary of Transportation approves; and 

ø(iii) that considers population in urbanized areas and provides an appropriate distribution for urbanized areas to carry 

out the cooperative processes described in this section. 

ø(C) A State shall make amounts available promptly to eligible 

metropolitan planning organizations according to procedures the 

Secretary of Transportation approves. 

ø(3)(A) The Secretary of Transportation shall apportion 20 percent of the amount made available under subsection (c) or (h)(1) of 

section 5338 of this title to States to supplement allocations made 

677 

under paragraph (2)(B) of this subsection for metropolitan planning 

organizations. 

ø(B) Amounts under this paragraph shall be allocated under a 

formula that reflects the additional cost of carrying out planning, 

programming, and project selection responsibilities under this section and sections 5304–5306 of this title in those areas. 

ø(4) To the maximum extent practicable, the Secretary of Transportation shall ensure that no metropolitan planning organization 

is allocated less than the amount it received by administrative formula under this section in the fiscal year that ended September 30, 

1991. To carry out this subsection, the Secretary may make a proportionate reduction in other amounts made available to carry out 

subsection (c) or (h)(1) of section 5338 of this title. 

ø(5) Amounts available for an activity under this subsection are 

for 80 percent of the cost of the activity unless the Secretary of 

Transportation decides it is in the interests of the Government not 

to require a State or local match. 

ø(6) An amount apportioned under this subsection— 

ø(A) remains available for 3 years after the fiscal year in 

which the amount is apportioned, and 

ø(B) that is unobligated at the end of the 3-year period shall 

be reapportioned among the States for the next fiscal year. 

ø§ 5304. Transportation improvement program 

ø(a) DEVELOPMENT AND UPDATE.— 

ø(1) IN GENERAL.—In cooperation with the State and affected 

mass transportation operators, a metropolitan planning organization designated for a metropolitan area shall develop a 

transportation improvement program for the area. In developing the program, the metropolitan planning organization, in 

cooperation with the chief executive officer of the State and 

any affected mass transportation operator, shall provide citizens, affected public agencies, representatives of transportation 

authority employees, other affected employee representatives, 

freight shippers, providers of freight transportation services, 

other affected employee representatives, private providers of 

transportation, representatives of users of public transit, and 

other interested parties with a reasonable opportunity to comment on the proposed program. The program shall be updated 

at least once every 2 years and shall be approved by the organization and the chief executive officer of the State. 

ø(2) FUNDING ESTIMATE.—For the purpose of developing the 

transportation improvement program, the metropolitan planning organization, public transit agency, and the State shall 

cooperatively develop estimates of funds that are reasonably 

expected to be available to support program implementation. 

ø(b) CONTENTS.—A transportation improvement program for a 

metropolitan area shall include— 

ø(1) a priority list of projects and parts of projects to be carried out in each 3-year period after the program is adopted; 

and 

ø(2) a financial plan that— 

ø(A) demonstrates how the program can be carried out; 

678 

ø(B) indicates resources from public and private sources 

that reasonably are expected to be made available to carry 

out the plan; 

ø(C) identifies innovative financing techniques to finance 

projects, programs, and strategies; and 

ø(D) 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. 

ø(c) PROJECT SELECTION.—(1) Except as otherwise provided in 

section 5305(d)(1) and in addition to the transportation improvement program development required under subsection (b), the selection of federally funded projects for implementation in metropolitan areas shall be carried out, from the approved transportation 

improvement program— 

ø(A) by— 

ø(i) in the case of projects under title 23, the State; and 

ø(ii) in the case of projects under this chapter, the designated transit funding recipients; and 

ø(B) in cooperation with the metropolitan planning organization. 

ø(2) A transportation improvement program for a metropolitan 

area shall include— 

ø(A) projects within the area that are proposed for financing 

under this chapter and title 23 and that are consistent with 

the long-range plan developed under section 5303(f) of this 

title; and 

ø(B) a project or an identified phase of a project only if full 

financing reasonably can be anticipated to be available for the 

project in the period estimated for completion. 

ø(3) 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. 

ø(4) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 

ø(A) IN GENERAL.—Notwithstanding subsection (b)(2)(D), 

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 

subsection (b)(2)(D). 

ø(B) ACTION BY 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 plan under subsection 

(b)(2) for inclusion in an approved transportation improvement plan. 

ø(5) PUBLICATION.—(A) A transportation improvement program 

involving Government participation shall be published or otherwise 

made readily available by the metropolitan planning organization 

for public review. 

ø(B) An annual listing of projects for which Government funds 

have been obligated in the preceding year shall be published or 

otherwise made available by the metropolitan planning organizaVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00680 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
679 

tion for public review. The listing shall be consistent with the categories identified in the transportation improvement program. 

ø(6) Regionally significant projects proposed for funding under 

chapter 2 of title 23 shall be identified individually in the transportation improvement program. All other projects funded under chapter 2 of title 23 shall be grouped in 1 line item or identified individually in the transportation improvement program. 

ø(d) NOTICE AND COMMENT.—Before approving a transportation 

improvement program, a metropolitan planning organization shall 

provide citizens, affected public agencies, representatives of transportation agency employees, private providers of transportation, 

and other interested parties with reasonable notice and an opportunity to comment on the proposed program. 

ø(e) REGULATORY PROCEEDING.—Not later than June 18, 1992, 

the Secretary of Transportation shall begin a regulatory proceeding 

to conform review requirements for mass transportation projects 

under the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.) to comparable requirements under that Act applicable 

to highway projects. This section and sections 5303, 5305, and 5306 

of this title do not affect the applicability of the Act to mass transportation or highway projects. A mass transportation project that 

has an approved draft Environmental Impact Statement is exempt 

from complying with requirements under the Act applicable to 

highway projects. 

ø§ 5305. Transportation management areas 

ø(a) DESIGNATION.—The Secretary of Transportation shall designate as a transportation management area— 

ø(1) each urbanized area with a population of more than 

200,000; and 

ø(2) any other area, if requested by the chief executive officer 

and the metropolitan planning organization designated for the 

area. 

ø(b) TRANSPORTATION PLANS AND PROGRAMS.—Transportation 

plans and programs in a transportation management area shall be 

based on a continuing and comprehensive transportation planning 

process the metropolitan planning organization carries out in cooperation with the State and affected mass transportation operators. 

ø(c) CONGESTION MANAGEMENT SYSTEM.—The transportation 

planning process under sections 5303, 5304, and 5306 of this title 

in a transportation management area shall include a congestion 

management system providing for effective management, through 

travel demand reduction and operational management strategies, 

of new and existing transportation facilities eligible for financing 

under this chapter and title 23. 

ø(d) PROJECT SELECTION.—(1)(A) All federally funded projects 

carried out within the boundaries of a transportation management 

area under title 23 (excluding projects carried out on the National 

Highway System and projects carried out under the bridge and 

interstate maintenance program) or under this chapter shall be selected 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. 

680 

ø(B) 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 from 

the approved transportation improvement program by the State in 

cooperation with the metropolitan planning organization designated for the area. 

ø(2)(A) A selection under this subsection must comply with the 

transportation improvement program for the area. 

ø(B) A selection under paragraph (1)(A) of this subsection must 

comply with priorities established in the program. 

ø(e) CERTIFICATION.—(1) At least once every 3 years, the Secretary shall ensure and certify that each metropolitan planning organization in each transportation management area is carrying out 

its responsibilities under applicable laws of the United States. The 

Secretary may make the certification only if the organization is 

complying with section 134 of title 23 and other applicable requirements of laws of the United States and the organization and chief 

executive officer have approved a transportation improvement program for the area. 

ø(2)(A) If a metropolitan planning process is not certified, the 

Secretary may withhold not more than 20 percent of the apportioned funds attributable to the transportation management area 

under this chapter and title 23. 

ø(B) Any apportionments withheld under subparagraph (A) shall 

be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. 

ø(3) The Secretary may not withhold certification based on the 

policies and criteria a metropolitan planning organization or mass 

transportation grant recipient establishes under section 5306(a) of 

this title for deciding the feasibility of private enterprise participation. 

ø(4) In making certification determinations under this subsection, the Secretary shall provide for public involvement appropriate to the metropolitan area under review. 

ø(f) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT

AREAS.—Government amounts may be made available for a mass 

transportation project resulting in a significant increase in carrying 

capacity for single occupant vehicles in a transportation management area classified as a nonattainment area for ozone or carbon 

monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) only if 

the project is part of an approved congestion management system. 

ø(g) AREAS NOT DESIGNATED TRANSPORTATION MANAGEMENT

AREAS.—(1) The Secretary may provide for the development of abbreviated metropolitan transportation plans and programs the Secretary decides are appropriate to carry out this section and sections 

5303, 5304, and 5306 of this title for metropolitan areas not designated transportation management areas under this section. The 

Secretary shall consider the complexity of transportation problems 

in those areas, including transportation-related air quality problems. 

ø(2) The Secretary may not provide an abbreviated plan or program for a metropolitan area in a nonattainment area for ozone or 

carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). 

681 

ø(h) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since plans 

and programs described in this section are subject to a reasonable 

opportunity for public comment, since individual projects included 

in the plans and programs are subject to review under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 

since decisions by the Secretary concerning plans and programs described in this section have not been reviewed under such Act as 

of January 1, 1997, any decision by the Secretary concerning a plan 

or program described in this section shall not be considered to be 

a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).¿ 

§ 5303. Metropolitan planning 

(a) IN GENERAL.—Grants made under sections 5307, 5308, 5309, 

5310, 5311, 5316, and 5317 shall be carried out in accordance with 

the metropolitan planning provisions of chapter 52. 

(b) CERTIFICATION.— 

(1) IN GENERAL.—The Secretary shall ensure and certify that 

each metropolitan planning organization in each transportation 

management area is carrying out its responsibilities under applicable laws of the United States. The Secretary may make the 

certification only if the organization is complying with chapter 

52 and other applicable requirements of laws of the United 

States and the organization and chief executive officer have approved a transportation improvement program for the area. 

(2) LIMITATION ON WITHHOLDING CERTIFICATION.—The Secretary may not withhold certification based on the policies and 

criteria a metropolitan planning organization or mass transportation grant recipient establishes under section 5306(a) for deciding the feasibility of private enterprise participation. 

§ 5304. Statewide planning 

Grants made under sections 5307, 5308, 5309, 5310, 5311, 5316, 

and 5317 shall be carried out in accordance with the statewide 

planning provisions of chapter 52. 

§ 5305. Planning programs 

(a) STATE DEFINED.—In this section the term ‘‘State’’ means a 

State of the United States, the District of Columbia, and Puerto 

Rico. 

(b) GENERAL AUTHORITY.— 

(1) ASSISTANCE.—Under criteria to be established by the Secretary, the Secretary may provide assistance for— 

(A) the development of transportation plans and programs; 

(B) planning, engineering, designing, and evaluating a 

public transportation project; and 

(C) for other technical studies. 

(2) GRANTS, AGREEMENTS, AND CONTRACTS.—The Secretary 

may provide assistance under paragraph (1)— 

(A) by making grants to States, authorities of States, metropolitan planning organizations, and local governmental 

authorities; or 

(B) by making agreements with other departments, agencies, and instrumentalities of the Government. 

682 

(3) ELIGIBLE ACTIVITIES.—Activities eligible for assistance 

under paragraph (1) include the following: 

(A) Studies related to management, planning, operations, 

capital requirements, and economic feasibility. 

(B) Evaluating previously financed projects. 

(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of 

planning and environmental analyses among metropolitan 

planning organizations and other transportation planners. 

(D) Other similar and related activities preliminary to 

and in preparation for constructing, acquiring, or improving the operation of facilities and equipment. 

(c) PURPOSE.—To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 

5338 to carry out this section and sections 5303 and 5304 are used 

to support balanced and comprehensive transportation planning 

that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the 

planning amounts. 

(d) METROPOLITAN PLANNING PROGRAM.— 

(1) APPORTIONMENT TO STATES.— (A) IN GENERAL.—The Secretary shall apportion 80 percent of the amounts made available under subsection (g)(1) 

among the States to carry out sections 5303 and 5306 in 

the ratio that— 

(i) the population of urbanized areas in each State, 

as shown by the latest available decennial census of 

population; bears to 

(ii) the total population of urbanized areas in all 

States, as shown by that census. 

(B) MINIMUM APPORTIONMENT.—Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph. 

(2) ALLOCATION TO MPO’S.—Amounts apportioned to a State 

under paragraph (1) shall be made available within 30 days 

after allocation to metropolitan planning organizations in the 

State designated under this section under a formula that— 

(A) considers population of urbanized areas; 

(B) provides an appropriate distribution for urbanized 

areas to carry out the cooperative processes described in 

this section; 

(C) the State develops in cooperation with the metropolitan planning organizations; and 

(D) the Secretary approves. 

(3) SUPPLEMENTAL AMOUNTS.— 

(A) IN GENERAL.—The Secretary shall apportion 20 percent of the amounts made available under subsection (g)(1) 

among the States to supplement allocations made under 

paragraph (1) for metropolitan planning organizations. 

(B) FORMULA.—The Secretary shall apportion amounts 

referred to in subparagraph (A) under a formula that reflects the additional cost of carrying out planning, programming, and project selection responsibilities under sections 5303 and 5306 in certain urbanized areas. 

(e) STATE PLANNING AND RESEARCH PROGRAM.— 

683 

(1) APPORTIONMENT TO STATES.— (A) IN GENERAL.—The Secretary shall apportion the 

amounts made available under subsection (g)(2) among the 

States for grants and contracts to carry out sections 5303 

through 5306, 5312, 5315, and 5322 in the ratio that— 

(i) the population of urbanized areas in each State, 

as shown by the latest available decennial census; 

bears to 

(ii) the population of urbanized areas in all States, 

as shown by that census. 

(B) MINIMUM APPORTIONMENT.—Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph. 

(2) SUPPLEMENTAL AMOUNTS.—A State, as the State considers 

appropriate, may authorize part of the amount made available 

under this subsection to be used to supplement amounts made 

available under subsection (d). 

(f) GOVERNMENT’S SHARE OF COSTS.—The Government’s share of 

the cost of an activity funded using amounts made available under 

this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government not to require a State or local match. 

(g) ALLOCATION OF FUNDS.—Of the funds made available by or 

appropriated to carry out this section under section 5338(c) for fiscal years 2004 through 2009— 

(1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and 

(2) 17.28 percent shall be available to carry out subsection (e). 

(h) AVAILABILITY OF FUNDS.—Funds apportioned under this section in a State shall remain available for obligation in that State 

for a period of 3 years after the last day of the fiscal year for which 

the funds are authorized. Any amounts so apportioned that remain 

unobligated at the end of that period shall be reapportioned among 

the States. 

ø§ 5306. Private enterprise participation in metropolitan 

planning and transportation improvement programs and relationship to other limitations¿ 

§ 5306. Private enterprise participation in planning; relationship to other limitations 

(a) * * * 

* * * * * * * 

§ 5307. Urbanized area formula grants 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) * * * 

(2) DESIGNATED RECIPIENT.—The term ‘‘designated recipient’’ 

means— 

(A) øa person¿ an entity designated, consistent with the 

planning process under sections 5303–5306 of this title, by 

the chief executive officer of a State, responsible local officials, and publicly owned operators of ømass¿ public transportation to receive and apportion amounts under section 

5336 of this title that are attributable to transportation 

684 

management areas established under øsection 5305(a) of 

this title¿ chapter 52; or 

(B) a State or regional authority if the authority is responsible under the laws of a State for a capital project 

and for financing and directly providing ømass¿ public 

transportation. 

(b) GENERAL AUTHORITY.—ø(1) The Secretary of Transportation 

may make grants under this section for capital projects and to finance the planning and improvement costs of equipment, facilities, 

and associated capital maintenance items for use in mass transportation, including the renovation and improvement of historic transportation facilities with related private investment. The Secretary 

may also make grants under this section to finance the operating 

cost of equipment and facilities for use in mass transportation in 

an urbanized area with a population of less than 200,000.¿ 

(1) GRANTS.—The Secretary may make grants under this section for— 

(A) capital projects and associated capital maintenance 

items; 

(B) planning; 

(C) transit enhancements; and 

(D) operating costs of equipment and facilities for use in 

public transportation in an urbanized area with a population of less than 200,000. 

(2) SPECIAL RULE FOR øFISCAL YEARS 2003 AND 2004 AND FOR THE

PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005¿ FISCAL YEARS

2003 THROUGH 2005.— (A) INCREASED FLEXIBILITY.—The Secretary may make 

grants under this section, from funds made available to carry 

out this section for øfiscal years 2003 and 2004 and for the period of October 1, 2004, through May 31, 2005¿ fiscal years 

2003, 2004, and 2005, to finance the operating cost of equipment and facilities for use in ømass¿ public transportation in 

an urbanized area with a population of at least 200,000 as determined under the 2000 decennial census of population if— 

(i) * * * 

* * * * * * * 

(3) In a transportation management area designated under øsection 5305(a) of this title¿ chapter 52, amounts that cannot be used 

to pay operating expenses under this section also are available for 

a highway project if— 

(A) that use is approved, in writing, by the metropolitan 

planning organization under øsection 5303 of this title¿ chapter 52 after appropriate notice and an opportunity for comment 

and appeal is provided to affected ømass¿ public transportation providers; 

* * * * * * * 

(c) PUBLIC PARTICIPATION REQUIREMENTS.—Each recipient of a 

grant shall— 

(1) * * * 

* * * * * * * 

(5) ensure that the proposed program of projects provides for 

the coordination of ømass¿ public transportation services asVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00686 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
685 

sisted under section 5336 of this title with transportation services assisted from other United States Government sources; 

* * * * * * * 

(d) GRANT RECIPIENT REQUIREMENTS.—A recipient may receive a 

grant in a fiscal year only if— 

(1) the recipient, within the time the Secretary prescribes, 

submits a final program of projects prepared under subsection 

(c) of this section and a certification for that fiscal year that 

the recipient (including a person receiving amounts from a 

chief executive officer of a State under this section)— 

(A) has or will have the legal, financial, and technical capacity to carry out the program, including safety and security aspects of the program; 

* * * * * * * 

(H) will comply with øsections 5301(a) and (d), 5303– 

5306, and 5310(a)–(d) of this title¿ subsections (a) and (d) 

of section 5301 and sections 5303 through 5306; 

(I) has a locally developed process to solicit and consider 

public comment before raising a fare or carrying out a 

major reduction of transportation; øand¿ 

(J)(i) will expend for each fiscal year for ømass¿ public 

transportation security projects, including increased lighting in or adjacent to a ømass¿ public transportation system (including bus stops, subway stations, parking lots, 

and garages), increased camera surveillance of an area in 

or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any 

other project intended to increase the security and safety 

of an existing or planned ømass¿ public transportation 

system, at least one percent of the amount the recipient 

receives for each fiscal year under section 5336 of this 

title; or 

(ii) has decided that the expenditure for security projects 

is not necessary; and 

(K) in the case of a recipient for an urbanized area with 

a population of at least 200,000— 

(i) will expend one percent of the amount the recipient receives each fiscal year under this section for 

projects for transit enhancements, as defined in section 

5302(a); and 

(ii) will submit an annual report listing projects carried out in the preceding fiscal year with those funds; 

and 

(2) the Secretary accepts the certification. 

ø(e) GOVERNMENT’S SHARE OF COSTS.—A grant of the Government for a capital project (including associated capital maintenance 

items) under this section is for 80 percent of the net project cost 

of the project. A recipient may provide additional local matching 

amounts. A grant for operating expenses may not be more than 50 

percent of the net project cost of the project. The remainder of the 

net project cost shall be provided in cash from sources other than 

amounts of the Government or revenues from providing mass 

transportation (excluding revenues derived from the sale of adverVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00687 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
686 

tising and concessions that are more than the amount of those revenues in the fiscal year that ended September 30, 1985). Transit 

system amounts that make up the remainder shall be from an undistributed cash surplus, a replacement or depreciation cash fund 

or reserve, or new capital.¿ 

(e) GOVERNMENT’S SHARE OF COSTS.— (1) CAPITAL PROJECTS.—A grant for a capital project (including associated capital maintenance items) under this section 

shall be for 80 percent of the net project cost of the project. The 

recipient may provide additional local matching amounts. 

(2) OPERATING EXPENSES.—A grant for operating expenses 

under this section may not exceed 50 percent of the net project 

cost of the project. 

(3) REMAINDER.—The remainder of the net project cost shall 

be provided— 

(A) in cash from sources other than amounts of the Government or revenues from providing public transportation 

(excluding revenues derived from the sale of advertising 

and concessions); 

(B) from an undistributed cash surplus, a replacement or 

depreciation cash fund or reserve, or new capital; and 

(C) from amounts received under a service agreement 

with a State or local social service agency or private social 

service organization. 

(f) STATEWIDE OPERATING ASSISTANCE.—(1) A State authority 

that is a designated recipient and providing ømass¿ public transportation in at least 2 urbanized areas may apply for operating assistance in an amount not more than the amount for all urbanized 

areas in which it provides transportation. 

* * * * * * * 

ø(h) STREAMLINED ADMINISTRATIVE PROCEDURES.—The Secretary 

shall prescribe streamlined administrative procedures for complying with the certification requirement under subsection (d)(1)(B) 

and (C) of this section for track and signal equipment used in existing operations.¿ 

ø(i)¿ (h) REVIEWS, AUDITS, AND EVALUATIONS.—(1)(A) At least 

annually, the Secretary øshall¿ may carry out, or require a recipient to have carried out independently, reviews and audits the Secretary considers appropriate to establish whether the recipient has 

carried out— 

(i) * * * 

* * * * * * * 

ø(j)¿ (i) REPORTS.—A recipient (including a person receiving 

amounts from a chief executive officer of a State under this section) 

shall submit annually to the Secretary a report on the revenues the 

recipient derives from the sale of advertising and concessions. 

ø(k) TRANSIT ENHANCEMENT ACTIVITIES.— 

ø(1) IN GENERAL.—One percent of the funds apportioned to 

urbanized areas with a population of at least 200,000 under 

section 5336 for a fiscal year shall be made available for transit enhancement activities in accordance with section 

5302(a)(15). 

ø(2) PERIOD OF AVAILABILITY.—Funds apportioned under 

paragraph (1) shall be available for obligation for 3 years folVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00688 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
687 

lowing the fiscal year in which the funds are apportioned. 

Funds that are not obligated at the end of such period shall 

be reapportioned under the urbanized area formula program of 

section 5336. 

ø(3) REPORT.—A recipient of funds apportioned under paragraph (1) shall submit, as part of the recipient’s annual certification to the Secretary, a report listing the projects carried out 

during the preceding fiscal year with those funds.¿ 

ø(l)¿ (j) PROCUREMENT SYSTEM APPROVAL.—A recipient may request the Secretary to approve its procurement system. The Secretary shall approve the system for use for procurements financed 

under section 5336 of this title if, after consulting with the Administrator for Federal Procurement Policy, the Secretary decides the 

system provides for competitive procurement. Approval of a system 

under this subsection does not relieve a recipient of the duty to certify under subsection (d)(1)(E) of this section. 

ø(m)¿ (k) OPERATING FERRIES OUTSIDE URBANIZED AREAS.—A 

vessel used in ferryboat operations financed under section 5336 of 

this title that is part of a State-operated ferry system may be operated occasionally outside the urbanized area in which service is 

provided to accommodate periodic maintenance if existing ferry 

service is not reduced significantly by operating outside the area. 

ø(n)¿ (l) RELATIONSHIP TO OTHER LAWS.—ø(1) Section 1001 of 

title 18 applies to a certificate or submission under this section. 

The Secretary may end a grant under this section and seek reimbursement, directly or by offsetting amounts available under section 5336 of this title, when a false or fraudulent statement or related act within the meaning of section 1001 is made in connection 

with a certification or submission.¿ 

ø(2)¿ (1) THIS CHAPTER.—Sections 5302, 5318, 5319, 5323 

(a)(1), (d), and (f), 5332, and 5333 of this title apply to this section and to a grant made under this section. Except as provided in this section, no other provision of this chapter applies 

to this section or to a grant made under this section. 

(2) CHAPTER 15 OF TITLE 5.—The provision of assistance 

under this chapter shall not be construed as bringing within 

the application of chapter 15 of title 5 any nonsupervisory employee of a public transportation system (or any other agency or 

entity performing related functions) to which such chapter is 

otherwise inapplicable. 

(m) TREATMENT.—For purposes of this section, the United States 

Virgin Islands shall be treated as an urbanized area, as defined in 

section 5302. 

ø§ 5308. Clean fuels formula grant program 

ø(a) DEFINITIONS.—In this section— 

ø(1) the term ‘‘clean fuel vehicle’’ means a vehicle that— 

ø(A) is powered by— 

ø(i) compressed natural gas; 

ø(ii) liquefied natural gas; 

ø(iii) biodiesel fuels; 

ø(iv) batteries; 

ø(v) alcohol-based fuels; 

ø(vi) hybrid electric; 

ø(vii) fuel cell; 

688 

ø(viii) clean diesel, to the extent allowed under this 

section; or 

ø(ix) other low or zero emissions technology; and 

ø(B) the Administrator of the Environmental Protection 

Agency has certified sufficiently reduces harmful emissions; 

ø(2) the term ‘‘designated recipient’’ has the same meaning 

as in section 5307(a)(2); and 

ø(3) the term ‘‘eligible project’’— 

ø(A) means a project for— 

ø(i) purchasing or leasing clean fuel buses, including 

buses that employ a lightweight composite primary 

structure; 

ø(ii) constructing or leasing clean fuel buses or electrical recharging facilities and related equipment; 

ø(iii) improving existing mass transportation facilities to accommodate clean fuel buses; 

ø(iv) repowering pre-1993 engines with clean fuel 

technology that meets the current urban bus emission 

standards; or 

ø(v) retrofitting or rebuilding pre-1993 engines if before half life to rebuild; and 

ø(B) in the discretion of the Secretary, may include 

projects relating to clean fuel, biodiesel, hybrid electric, or 

zero emissions technology vehicles that exhibit equivalent 

or superior emissions reductions to existing clean fuel or 

hybrid electric technologies. 

ø(b) AUTHORITY.—The Secretary shall make grants in accordance 

with this section to designated recipients to finance eligible 

projects. 

ø(c) APPLICATION.— 

ø(1) IN GENERAL.—Not later than January 1 of each year, 

any designated recipient seeking to apply for a grant under 

this section for an eligible project shall submit an application 

to the Secretary, in such form and in accordance with such requirements as the Secretary shall establish by regulation. 

ø(2) CERTIFICATION REQUIRED.—An application submitted 

under paragraph (1) shall contain a certification by the applicant that the grantee will operate vehicles purchased with a 

grant under this section only with clean fuels. 

ø(d) APPORTIONMENT OF FUNDS.— 

ø(1) FORMULA.—Not later than February 1 of each year, the 

Secretary shall apportion amounts made available to carry out 

this section to designated recipients submitting applications 

under subsection (c), of which— 

ø(A) two-thirds shall be apportioned to designated recipients with eligible projects in urban areas with a population 

of at least 1,000,000, of which— 

ø(i) 50 percent shall be apportioned, such that each 

such designated recipient receives a grant in an 

amount equal to the ratio between— 

ø(I) the number of vehicles in the bus fleet of 

the eligible project of the designated recipient, 

weighted by severity of nonattainment for the 

689 

area in which the eligible project is located, as 

provided in paragraph (2); and 

ø(II) the total number of vehicles in the bus 

fleets of all eligible projects in areas with a population of at least 1,000,000 funded under this section, weighted by severity of nonattainment for all 

areas in which those eligible projects are located, 

as provided in paragraph (2); and 

ø(ii) 50 percent shall be apportioned, such that each 

such designated recipient receives a grant in an 

amount equal to the ratio between— 

ø(I) the number of bus passenger miles (as that 

term is defined in section 5336(c)) of the eligible 

project of the designated recipient, weighted by severity of nonattainment of the area in which the 

eligible project is located, as provided in paragraph (2); and 

ø(II) the total number of bus passenger miles of 

all eligible projects in areas with a population of 

at least 1,000,000 funded under this section, 

weighted by severity of nonattainment of all areas 

in which those eligible projects are located, as provided in paragraph (2); and 

ø(B) one-third shall be apportioned to designated recipients with eligible projects in urban areas with a population 

of less than 1,000,000, of which— 

ø(i) 50 percent shall be apportioned, such that each 

such designated recipient receives a grant in an 

amount equal to the ratio between— 

ø(I) the number of vehicles in the bus fleet of 

the eligible project of the designated recipient, 

weighted by severity of nonattainment for the 

area in which the eligible project is located, as 

provided in paragraph (2); and 

ø(II) the total number of vehicles in the bus 

fleets of all eligible projects in areas with a population of less than 1,000,000 funded under this 

section, weighted by severity of nonattainment for 

all areas in which those eligible projects are located, as provided in paragraph (2); and 

ø(ii) 50 percent shall be apportioned, such that each 

such designated recipient receives a grant in an 

amount equal to the ratio between— 

ø(I) the number of bus passenger miles (as that 

term is defined in section 5336(c)) of the eligible 

project of the designated recipient, weighted by severity of nonattainment of the area in which the 

eligible project is located, as provided in paragraph (2); and 

ø(II) the total number of bus passenger miles of 

all eligible projects in areas with a population of 

less than 1,000,000 funded under this section, 

weighted by severity of nonattainment of all areas 

in which those eligible projects are located, as provided in paragraph (2). 

690 

ø(2) WEIGHTING OF SEVERITY OF NONATTAINMENT.— ø(A) IN GENERAL.—For purposes of paragraph (1), subject to subparagraph (B) of this paragraph, the number of 

clean fuel vehicles in the fleet, or the number of passenger 

miles, shall be multiplied by a factor of— 

ø(i) 1.0 if, at the time of the apportionment, the area 

is a maintenance area (as that term is defined in section 101 of title 23) for ozone or carbon monoxide; 

ø(ii) 1.1 if, at the time of the apportionment, the 

area is classified as— 

ø(I) 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.); or 

ø(II) a marginal carbon monoxide nonattainment area under subpart 3 of part D of title I of 

the Clean Air Act (42 U.S.C. 7512 et seq.); 

ø(iii) 1.2 if, at the time of the apportionment, the 

area is classified as— 

ø(I) a moderate ozone nonattainment area 

under subpart 2 of part D of title I of the Clean 

Air Act (42 U.S.C. 7511 et seq.); or 

ø(II) a moderate carbon monoxide nonattainment area under subpart 3 of part D of title I of 

the Clean Air Act (42 U.S.C. 7512 et seq.); 

ø(iv) 1.3 if, at the time of the apportionment, the 

area is classified as— 

ø(I) a serious ozone nonattainment area under 

subpart 2 of part D of title I of the Clean Air Act 

(42 U.S.C. 7511 et seq.); or 

ø(II) a serious carbon monoxide nonattainment 

area under subpart 3 of part D of title I of the 

Clean Air Act (42 U.S.C. 7512 et seq.); 

ø(v) 1.4 if, at the time of the apportionment, the 

area is classified as— 

ø(I) a severe ozone nonattainment area under 

subpart 2 of part D of title I of the Clean Air Act 

(42 U.S.C. 7511 et seq.); or 

ø(II) a severe carbon monoxide nonattainment 

area under subpart 3 of part D of title I of the 

Clean Air Act (42 U.S.C. 7512 et seq.); or 

ø(vi) 1.5 if, at the time of the apportionment, the 

area is classified as— 

ø(I) an extreme ozone nonattainment area 

under subpart 2 of part D of title I of the Clean 

Air Act (42 U.S.C. 7511 et seq.); or 

ø(II) an extreme carbon monoxide nonattainment area under subpart 3 of part D of title I of 

the Clean Air Act (42 U.S.C. 7512 et seq.). 

ø(B) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE

AREAS.—If, in addition to being classified as a nonattainment or maintenance area (as that term is defined in section 101 of title 23) for ozone under subpart 2 of part D 

of title I of the Clean Air Act (42 U.S.C. 7511 et seq.), the 

area was also classified under subpart 3 of part D of title 

I of that Act (42 U.S.C. 7512 et seq.) as a nonattainment 

691 

area for carbon monoxide, the weighted nonattainment or 

maintenance area fleet and passenger miles for the eligible 

project, as calculated under subparagraph (A), shall be further multiplied by a factor of 1.2. 

ø(3) MAXIMUM GRANT AMOUNT.— ø(A) IN GENERAL.—The amount of a grant made to a designated recipient under this section shall not exceed the 

lesser of— 

ø(i) for an eligible project in an area— 

ø(I) with a population of less than 1,000,000, $15,000,000; and 

ø(II) with a population of at least 1,000,000, $25,000,000; or 

ø(ii) 80 percent of the total cost of the eligible 

project. 

ø(B) REAPPORTIONMENT.—Any amounts that would otherwise be apportioned to a designated recipient under this 

subsection that exceed the amount described in subparagraph (A) shall be reapportioned among other designated 

recipients in accordance with paragraph (1). 

ø(e) ADDITIONAL REQUIREMENTS.— ø(1) LIMITATION ON USES.—Not less than 5 percent of the 

amount made available by or appropriated under section 5338 

in each fiscal year to carry out this section shall be available 

for any eligible projects for which an application is received 

from a designated recipient, for— 

ø(A) the purchase or construction of hybrid electric or 

battery-powered buses; or 

ø(B) facilities specifically designed to service those buses. 

ø(2) CLEAN DIESEL BUSES.—Not more than 35 percent of the 

amount made available by or appropriated under section 5338 

in each fiscal year to carry out this section may be made available to fund clean diesel buses. 

ø(3) BUS RETROFITTING AND REPLACEMENT.—Not more than 

5 percent of the amount made available by or appropriated 

under section 5338 in each fiscal year to carry out this section 

may be made available to fund retrofitting or replacement of 

the engines of buses that do not meet the clean air standards 

of the Environmental Protection Agency, as in effect on the 

date on which the application for such retrofitting or replacement is submitted under subsection (c)(1). 

ø(f) AVAILABILITY OF FUNDS.—Any amount made available or appropriated under this section— 

ø(1) shall remain available to a project for 1 year after the 

fiscal year for which the amount is made available or appropriated; and 

ø(2) that remains unobligated at the end of the period described in paragraph (1), shall be added to the amount made 

available in the following fiscal year.¿ 

§ 5308. Clean fuels formula grant program 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) CLEAN FUEL BUS.—The term ‘‘clean fuel bus’’ means a passenger vehicle used to provide public transportation that— 

(A) is powered by— 

692 

(i) compressed natural gas; 

(ii) liquefied natural gas; 

(iii) biodiesel fuels; 

(iv) batteries; 

(v) alcohol-based fuels; 

(vi) hybrid electric; 

(vii) fuel cell; 

(viii) clean diesel, to the extent allowed under this 

section; or 

(ix) other low or zero emissions technology; and 

(B) the Administrator of the Environmental Protection 

Agency has certified sufficiently reduces harmful emissions. 

(2) ELIGIBLE PROJECT.—The term ‘‘eligible project’’— 

(A) means a project in a nonattainment or maintenance 

area described in paragraph (4)(A) for— 

(i) purchasing or leasing clean fuel buses, including 

buses that employ a lightweight composite primary 

structure; 

(ii) constructing or leasing clean fuel buses or electrical recharging facilities and related equipment for 

such buses; or 

(iii) constructing new or improving existing public 

transportation facilities to accommodate clean fuel 

buses; and 

(B) at the discretion of the Secretary, may include a 

project located in a nonattainment or maintenance area described in paragraph (4)(A) relating to clean fuel, biodiesel, 

hybrid electric, or zero emissions technology buses that exhibit equivalent or superior emissions reductions to existing 

clean fuel or hybrid electric technologies. 

(3) MAINTENANCE AREA.—The term ‘‘maintenance area’’ has 

the meaning such term has under section 101 of title 23. 

(4) RECIPIENT.— (A) IN GENERAL.—The term ‘‘recipient’’ means a designated recipient (as defined in section 5307(a)(2)) for an 

area that, and a recipient for an urbanized area with a 

population of less than 200,000 that— 

(i) is designated as a nonattainment area for ozone 

or carbon monoxide under section 107(d) of the Clean 

Air Act (42 U.S.C. 7407(d)); or 

(ii) is a maintenance area for ozone or carbon monoxide. 

(B) SMALLER URBANIZED AREAS.—In the case of an urbanized area with a population of less than 200,000, the 

State in which the area is located shall act as the recipient 

for the area under this section. 

(b) AUTHORITY.—The Secretary shall make grants in accordance 

with this section to recipients to finance eligible projects. 

(c) APPORTIONMENT OF FUNDS.— (1) FORMULA.—The Secretary shall apportion among recipients amounts made available to carry out this section for a fiscal year. Of such amounts— 

(A) two-thirds shall be apportioned to recipients serving 

urbanized areas with a population of at least 1,000,000, of 

which— 

693 

(i) 50 percent shall be apportioned so that each such 

recipient receives a grant under this section in an 

amount equal to the ratio that— 

(I) the number of vehicles in the bus fleet of the 

recipient, weighted by severity of nonattainment 

for the area served by the recipient; bears to 

(II) the total number of vehicles in the bus fleets 

of all such recipients, weighted by severity of nonattainment for all areas served by such recipients; 

and 

(ii) 50 percent shall be apportioned so that each such 

recipient receives a grant under this section in an 

amount equal to the ratio that— 

(I) the number of bus passenger miles (as defined in section 5336(c)) of the recipient, weighted 

by severity of nonattainment of the area served by 

the recipient; bears to 

(II) the total number of bus passenger miles (as 

defined in section 5336(c)) of all such recipients, 

weighted by severity of nonattainment of all areas 

served by such recipients; and 

(B) one-third shall be apportioned to recipients serving 

urbanized areas with a population of less than 1,000,000, 

of which— 

(i) 50 percent shall be apportioned so that each such 

recipient receives a grant under this section in an 

amount equal to the ratio that— 

(I) the number of vehicles in the bus fleet of the 

recipient, weighted by severity of nonattainment 

for the area served by the recipient; bears to 

(II) the total number of vehicles in the bus fleets 

of all such recipients, weighted by severity of nonattainment for all areas served by such recipients; 

and 

(ii) 50 percent shall be apportioned so that each such 

recipient receives a grant under this section in an 

amount equal to the ratio that— 

(I) the number of bus passenger miles (as defined in section 5336(c)) of the recipient, weighted 

by severity of nonattainment of the area served by 

the recipient; bears to 

(II) the total number of bus passenger miles (as 

defined in section 5336(c)) of all such recipients, 

weighted by severity of nonattainment of all areas 

served by such recipients. 

(2) WEIGHTING OF SEVERITY OF NONATTAINMENT.— 

(A) IN GENERAL.—For purposes of paragraph (1), subject 

to subparagraph (B), the number of buses in the bus fleet, 

or the number of passenger miles, shall be multiplied by a 

factor of— 

(i) 1.0 if, at the time of the apportionment, the area 

is a maintenance area for ozone or carbon monoxide; 

(ii) 1.1 if, at the time of the apportionment, the area 

is classified as a marginal ozone nonattainment area 

694 

under subpart 2 of part D of title I of the Clean Air Act 

(42 U.S.C. 7511 et seq.); 

(iii) 1.2 if, at the time of the apportionment, the area 

is classified as a moderate ozone nonattainment area 

under subpart 2 of such part; 

(iv) 1.3 if, at the time of the apportionment, the area 

is classified as a serious ozone nonattainment area 

under subpart 2 of such part; 

(v) 1.4 if, at the time of the apportionment, the area 

is classified as a severe ozone nonattainment area 

under subpart 2 of such part; or 

(vi) 1.5 if, at the time of the apportionment, the area 

is classified as an extreme ozone nonattainment area 

under subpart 2 of such part. 

(B) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE

AREAS.—If, in addition to being classified as a nonattainment or maintenance area for ozone under subpart 2 of 

such part, the area was also classified under subpart 3 of 

such part as a nonattainment area for carbon monoxide, 

the weighted nonattainment or maintenance area fleet and 

passenger miles for the recipient, as calculated under subparagraph (A), shall be further multiplied by a factor of 

1.2. 

(d) CLEAN DIESEL BUSES.—Not more than 35 percent of the 

amount made available by or appropriated under section 5338 in 

each fiscal year to carry out this section may be made available to 

fund clean diesel buses. 

(e) GRANT REQUIREMENTS.— 

(1) IN GENERAL.—A grant under this section shall be subject 

to the requirements of section 5307. 

(2) GOVERNMENT’S SHARE OF COSTS FOR CERTAIN

PROJECTS.—Section 5323(i) applies to projects carried out under 

this section. 

(f) AVAILABILITY OF FUNDS.—Any amount made available or appropriated under this section— 

(1) shall remain available to a project for 1 year after the fiscal year for which the amount is made available or appropriated; and 

(2) that remains unobligated at the end of the period described in paragraph (1) shall be added to the amount made 

available in the following fiscal year. 

ø§ 5309. Capital investment grants and loans¿ 

§ 5309. Capital investment grants 

(a) GENERAL AUTHORITY.—(1) The Secretary of Transportation 

may make grants øand loans¿ under this section to assist State 

and local governmental authorities in financing— 

(A) * * * 

(B) capital projects, including property and improvements 

(except public highways other than fixed guideway facilities), 

needed for an efficient and coordinated ømass¿ public transportation system; 

(C) the capital costs of coordinating ømass¿ public transportation with other transportation; 

695 

(D) the introduction of new technology, through innovative 

and improved products, into ømass¿ public transportation; 

* * * * * * * 

(G) ømass¿ public transportation projects planned, designed, 

and carried out to meet the special needs of elderly individuals 

and individuals with disabilities; and 

(H) the development of corridors to support fixed guideway 

systems, including protecting rights of way through acquisition, construction of dedicated bus and high occupancy vehicle 

lanes and park and ride lots, and other nonvehicular capital 

improvements that the Secretary may decide would result in 

increased ømass¿ public transportation usage in the corridor. 

(2) The Secretary of Transportation shall require that all grants 

øand loans¿ under this subsection be subject to all terms, conditions, requirements, and provisions the Secretary decides are necessary or appropriate for the purposes of this section, including requirements for the disposition of net increases in value of real 

property resulting from the project assisted under this section. 

ø(b) LOANS FOR REAL PROPERTY INTERESTS.—(1) The Secretary of 

Transportation may make loans under this section to State and 

local governmental authorities to acquire interests in real property 

for use on urban mass transportation systems as rights of way, station sites, and related purposes, including reconstruction, renovation, the net cost of property management, and relocation payments 

made under section 5324(a) of this title. 

ø(2) The Secretary of Transportation may make a loan under 

paragraph (1) of this subsection for an approved project only after 

finding that the property reasonably is expected to be required for 

a mass transportation system and that it will be used for that system within a reasonable time. 

ø(3) An applicant for a loan under this subsection shall provide 

a copy of the application to the planning agency for the community 

affected by the project at the same time the application is submitted to the Secretary of Transportation. If the planning agency 

submits comments to the Secretary not later than 30 days after the 

application is submitted, or, if the agency requests more time within those 30 days, within a period the Secretary establishes, the Secretary shall consider those comments before taking final action on 

the application. 

ø(4) A loan agreement under this subsection shall provide that 

a capital project on the property will be started not later than 10 

years after the fiscal year in which the agreement is made. If an 

interest in property acquired under this subsection is not used for 

the purpose for which it was acquired, an appraisal of the current 

value of the property or interest shall be made when a decision is 

made about the use. The decision shall be made within the 10-year 

period. Two-thirds of the increase in value shall be paid to the Secretary of Transportation for deposit in the Treasury as miscellaneous receipts. 

ø(5) A loan under this subsection must be repaid not later than 

10 years after the date of the loan agreement or on the date a 

grant agreement for a capital project on the property is made, 

whichever is earlier. Payments made to repay the loan shall be deposited in the Treasury as miscellaneous receipts. 

ø(c) [Reserved.]¿ 

696 

ø(d)¿ (b) PROJECT AS PART OF APPROVED PROGRAM OF

PROJECTS.—øExcept as provided in subsections (b)(2) and (e) of this 

section, the¿ The Secretary of Transportation may approve a grant 

øor loan¿ for a project under this section only after finding that the 

project is part of the approved program of projects required under 

sections 5303–5306 of this title and that an applicant— 

(1) * * * 

* * * * * * * 

ø(e) CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY SYS- TEMS.— 

ø(1) IN GENERAL.—The Secretary may approve a grant or 

loan under this section for a capital project for a new fixed 

guideway system or extension of an existing fixed guideway 

system only if the Secretary determines that the proposed 

project is— 

ø(A) based on the results of an alternatives analysis and 

preliminary engineering; 

ø(B) justified based on a comprehensive review of its mobility improvements, environmental benefits, cost effectiveness, and operating efficiencies; and 

ø(C) supported by an acceptable degree of local financial 

commitment, including evidence of stable and dependable 

financing sources to construct, maintain, and operate the 

system or extension. 

ø(2) ALTERNATIVES ANALYSIS AND PRELIMINARY ENGINEER- ING.—In evaluating a project under paragraph (1)(A), the Secretary shall analyze and consider the results of the alternatives analysis and preliminary engineering for the project. 

ø(3) PROJECT JUSTIFICATION.—In evaluating a project under 

paragraph (1)(B), the Secretary shall— 

ø(A) consider the direct and indirect costs of relevant alternatives; 

ø(B) consider factors such as congestion relief, improved 

mobility, air pollution, noise pollution, energy consumption, and all associated ancillary and mitigation costs necessary to carry out each alternative analyzed, and recognize reductions in local infrastructure costs achieved 

through compact land use development; 

ø(C) identify and consider mass transportation supportive existing land use policies and future patterns, and 

the cost of suburban sprawl; 

ø(D) consider the degree to which the project increases 

the mobility of the mass transportation dependent population or promotes economic development; 

ø(E) consider population density and current transit ridership in the corridor; 

ø(F) consider the technical capability of the grant recipient to construct the project; 

ø(G) adjust the project justification to reflect differences 

in local land, construction, and operating costs; and 

ø(H) consider other factors that the Secretary determines appropriate to carry out this chapter. 

ø(4) LOCAL FINANCIAL COMMITMENT.— ø(A) EVALUATION OF PROJECT.—In evaluating a project 

under paragraph (1)(C), the Secretary shall require that— 

697 

ø(i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost 

increases; 

ø(ii) each proposed local source of capital and operating financing is stable, reliable, and available within 

the proposed project timetable; and 

ø(iii) local resources are available to operate the 

overall proposed mass transportation system (including essential feeder bus and other services necessary 

to achieve the projected ridership levels) without requiring a reduction in existing mass transportation 

services to operate the proposed project. 

ø(B) CONSIDERATIONS.—In assessing the stability, reliability, and availability of proposed sources of local financing under subparagraph (A), the Secretary shall consider— 

ø(i) existing grant commitments; 

ø(ii) the degree to which financing sources are dedicated to the purposes proposed; 

ø(iii) any debt obligation that exists or is proposed 

by the recipient for the proposed project or other mass 

transportation purpose; and 

ø(iv) the extent to which the project has a local financial commitment that exceeds the required nonFederal share of the cost of the project. 

ø(5) REGULATIONS.—Not later than 120 days after the date 

of enactment of the Federal Transit Act of 1998, the Secretary 

shall issue regulations on the manner in which the Secretary 

will evaluate and rate the projects based on the results of alternatives analysis, project justification, and the degree of local 

financial commitment, as required under this subsection. 

ø(6) PROJECT EVALUATION AND RATING.—A proposed project 

may advance from alternatives analysis to preliminary engineering, and may advance from preliminary engineering to 

final design and construction, only if the Secretary finds that 

the project meets the requirements of this section and there is 

a reasonable likelihood that the project will continue to meet 

such requirements. In making such findings, the Secretary 

shall evaluate and rate the project as ‘‘highly recommended’’, 

‘‘recommended’’, or ‘‘not recommended’’, based on the results of 

alternatives analysis, the project justification criteria, and the 

degree of local financial commitment, as required under this 

subsection. In rating the projects, the Secretary shall provide, 

in addition to the overall project rating, individual ratings for 

each of the criteria established under the regulations issued 

under paragraph (5). 

ø(7) FULL FUNDING GRANT AGREEMENT.—A project financed 

under this subsection shall be carried out through a full funding grant agreement. The Secretary shall enter into a full 

funding grant agreement based on the evaluations and ratings 

required under this subsection. The Secretary shall not enter 

into a full funding grant agreement for a project unless that 

project is authorized for final design and construction. 

ø(8) LIMITATIONS ON APPLICABILITY.— 

698 

ø(A) PROJECTS WITH A SECTION 5309 FEDERAL SHARE OF

LESS THAN $25,000,000.—A project for a new fixed guideway system or extension of an existing fixed guideway system is not subject to the requirements of this subsection, 

and the simultaneous evaluation of similar projects in at 

least 2 corridors in a metropolitan area may not be limited, if the assistance provided under this section with respect to the project is less than $25,000,000. 

ø(B) PROJECTS IN NONATTAINMENT AREAS.—The simultaneous evaluation of projects in at least 2 corridors in a 

metropolitan area may not be limited and the Secretary 

shall make decisions under this subsection with expedited 

procedures that will promote carrying out an approved 

State Implementation Plan in a timely way if a project is— 

ø(i) located in a nonattainment area; 

ø(ii) a transportation control measure (as defined by 

the Clean Air Act (42 U.S.C. 7401 et seq.)); and 

ø(iii) required to carry out the State Implementation 

Plan. 

ø(C) PROJECTS FINANCED WITH HIGHWAY FUNDS.—This 

subsection does not apply to a part of a project financed 

completely with amounts made available from the Highway Trust Fund (other than the Mass Transit Account). 

ø(D) PREVIOUSLY ISSUED LETTER OF INTENT OR FULL

FUNDING GRANT AGREEMENT.—This subsection does not 

apply to projects for which the Secretary has issued a letter of intent or entered into a full funding grant agreement 

before the date of enactment of the Federal Transit Act of 

1998. 

ø(f) [Reserved.] 

ø(g) LETTERS OF INTENT, FULL FUNDING GRANT AGREEMENTS, 

AND EARLY SYSTEMS WORK AGREEMENTS.—(1)(A) The Secretary of 

Transportation may issue a letter of intent to an applicant announcing an intention to obligate, for a project under this section, 

an amount from future available budget authority specified in law 

that is not more than the amount stipulated as the financial participation of the Secretary in the project. The amount shall be sufficient to complete at least an operable segment when a letter is 

issued for a fixed guideway project. 

ø(B) At least 60 days before issuing a letter under subparagraph 

(A) of this paragraph or entering into a full funding grant agreement, the Secretary of Transportation shall notify in writing the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Banking, Housing, and 

Urban Affairs of the Senate and the House and Senate Committees 

on Appropriations of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the 

project. 

ø(C) The issuance of a letter is deemed not to be an obligation 

under sections 1108(c) and (d), 1501, and 1502(a) of title 31 or an 

administrative commitment. 

ø(D) An obligation or administrative commitment may be made 

only when amounts are appropriated. 

699 

ø(2)(A) The Secretary of Transportation may make a full funding 

grant agreement with an applicant. The agreement shall— 

ø(i) establish the terms of participation by the United States 

Government in a project under this section; 

ø(ii) establish the maximum amount of Government financial 

assistance for the project; 

ø(iii) cover the period of time for completing the project, including a period extending beyond the period of an authorization; and 

ø(iv) make timely and efficient management of the project 

easier according to the law of the United States. 

ø(B) An agreement under this paragraph obligates an amount of 

available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance 

for commitments under this paragraph, to obligate an additional 

amount from future available budget authority specified in law. 

The agreement shall state that the contingent commitment is not 

an obligation of the Government. Interest and other financing costs 

of efficiently carrying out a part of the project within a reasonable 

time are a cost of carrying out the project under a full funding 

grant agreement, except that eligible costs may not be more than 

the cost of the most favorable financing terms reasonably available 

for the project at the time of borrowing. The applicant shall certify, 

in a way satisfactory to the Secretary of Transportation, that the 

applicant has shown reasonable diligence in seeking the most favorable financing terms. The amount stipulated in an agreement 

under this paragraph for a fixed guideway project shall be sufficient to complete at least an operable segment. 

ø(3)(A) The Secretary of Transportation may make an early systems work agreement with an applicant if a record of decision 

under the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.) has been issued on the project and the Secretary finds 

there is reason to believe— 

ø(i) a full funding grant agreement for the project will be 

made; and 

ø(ii) the terms of the work agreement will promote ultimate 

completion of the project more rapidly and at less cost. 

ø(B) A work agreement under this paragraph obligates an 

amount of available budget authority specified in law and shall 

provide for reimbursement of preliminary costs of carrying out the 

project, including land acquisition, timely procurement of system 

elements for which specifications are decided, and other activities 

the Secretary of Transportation decides are appropriate to make efficient, long-term project management easier. A work agreement 

shall cover the period of time the Secretary considers appropriate. 

The period may extend beyond the period of current authorization. 

Interest and other financing costs of efficiently carrying out the 

work agreement within a reasonable time are a cost of carrying out 

the agreement, except that eligible costs may not be more than the 

cost of the most favorable financing terms reasonably available for 

the project at the time of borrowing. The applicant shall certify, in 

a way satisfactory to the Secretary, that the applicant has shown 

reasonable diligence in seeking the most favorable financing terms. 

If an applicant does not carry out the project for reasons within the 

control of the applicant, the applicant shall repay all Government 

700 

payments made under the work agreement plus reasonable interest 

and penalty charges the Secretary establishes in the agreement. 

ø(4)(A) The total estimated amount of future obligations of the 

Government and contingent commitments to incur obligations covered by all outstanding letters of intent, full funding grant agreements, and early systems work agreements may be not more than 

the greater of the amount authorized under section 5338(b) of this 

title for new fixed guideway systems and extensions to existing 

fixed guideway systems and the amount appropriated under section 

5338(h)(5) or an amount equivalent to the last 2 fiscal years of 

funding authorized under section 5338(b) for new fixed guideway 

systems and extensions to existing fixed guideway systems, less an 

amount the Secretary of Transportation reasonably estimates is 

necessary for grants under this section not covered by a letter. The 

total amount covered by new letters and contingent commitments 

included in full funding grant agreements and early systems work 

agreements may be not more than a limitation specified in law. 

ø(B) For fiscal year 2001 and thereafter, the amount equivalent 

to the last 2 fiscal years of funding authorized under section 

5338(b) for new fixed guideway systems and extensions to existing 

fixed guideway systems referred to in subparagraph (A) shall be 

the amount equivalent to the last 3 fiscal years of such authorized 

funding. 

ø(C) Any increase in the total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent, full funding 

grant agreements, and early systems work agreements as a result 

of application of subparagraph (B) instead of subparagraph (A) 

shall be available as follows: 

ø(1) $269,100,000 for the Chicago, Illinois Metra commuter 

rail project, that consists of the following elements: the Kane 

County extension; the North Central double-tracking project; 

and the Southwest corridor extension. 

ø(2) $565,600,000 for the Chicago Transit Authority project 

that consists of the following elements: Ravenswood Branch 

station and line improvements and the Douglas Branch reconstruction project. 

ø(3) For new fixed guideways and extensions to existing 

fixed guideway systems other than for projects referred to in 

paragraphs (1) and (2); except that for fiscal year 2001, such 

increase under this paragraph shall not be available for allocation by the department or for making future obligations of the 

Government and contingent commitments until April 1, 2001. 

ø(D) Of the amount that would be available under subparagraph 

(A) if subparagraph (B) were not in effect and would have otherwise been allocated by the Federal Transit Administration to those 

projects referred to in subparagraphs (C)(1) and (C)(2) shall be 

available as follows: 

ø(1) $60,000,000 for the Minneapolis Hiawatha corridor light 

rail project, which shall be in addition to amounts otherwise allocated under subparagraph (A), for a total of $334,300,000. 

ø(2) $217,800,000 for the Dulles corridor bus rapid transit 

project, that consists of a rail extension from the West Falls 

Church metrorail station to Tysons Corner, Virginia and bus 

701 

rapid transit from Tysons Corner to the Dulles International 

Airport. 

ø(E) Any amount that would be available under subparagraph 

(A) if subparagraph (B) were not in effect and would have otherwise been allocated by the Federal Transit Administration to those 

projects referred to in subparagraphs (C)(1) and (C)(2), shall not be 

available for allocation by the department or for making future obligations of the Government and contingent commitments until 

April 1, 2001, except for those projects referred to in subparagraph 

(D)(1) and (D)(2). 

ø(F) Future obligations of the Government and contingent commitments made against the contingent commitment authority 

under section 3032(g)(2) of the Intermodal Surface Transportation 

Efficiency Act of 1991 for the San Francisco BART to the Airport 

project for fiscal years 2002, 2003, 2004, 2005 and 2006 shall be 

charged against section 3032(g)(2) of the Intermodal Surface Transportation Efficiency Act of 1991. 

ø(G) Any amount that would be available under subparagraph 

(A) if subparagraph (F) were not in effect and would otherwise 

have been allocated by the Federal Transit Administration to the 

project in subparagraph (F) shall not be available for allocation by 

the department or for making future obligations of the Government 

and contingent commitments until April 1, 2001. 

ø(h) GOVERNMENT’S SHARE OF NET PROJECT COST.—Based on engineering studies, studies of economic feasibility, and information 

on the expected use of equipment or facilities, the Secretary of 

Transportation shall estimate the net project cost. A grant for the 

project is for 80 percent of the net project cost, unless the grant recipient requests a lower grant percentage. The remainder shall be 

provided in cash from a source other than amounts of the Government. Transit system amounts that make up the remainder must 

be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. The remainder for a 

planned extension to a fixed guideway system may include the cost 

of rolling stock previously purchased if the applicant satisfies the 

Secretary that only amounts other than amounts of the Government were used and that the purchase was made for use on the 

extension. A refund or reduction of the remainder may be made 

only if a refund of a proportional amount of the grant of the Government is made at the same time. 

ø(i) LOAN TERM REQUIREMENTS.—Except for a loan under subsection (b) of this section, a loan, including a renewal or extension 

of the loan, may be made, and a security or obligation may be 

bought, only if it has a maturity date of not more than 40 years. 

Interest on a loan may not be less than— 

ø(1) a rate the Secretary of the Treasury establishes, considering the current average yield on outstanding marketable obligations of the Government that have remaining periods of 

maturity comparable to the average maturity of the loan, adjusted to the nearest .125 percent; plus 

ø(2) an allowance the Secretary of Transportation considers 

adequate to cover administrative costs and probable losses. 

ø(j) LOAN PAYMENT FORGIVENESS.—A grant agreement for a capital project may forgive repaying the loan and interest in place of 

a cash grant for the amount forgiven. The amount is part of the 

702 

grant and part of the contribution of the Government to the cost 

of the project. 

ø(k) LIMITATION ON MAKING LOANS AND GRANTS FOR

PROJECTS.—The Secretary of Transportation may not make a loan 

under this section for a project for which a grant (except a relocation payment grant) is made under this section. However, the Secretary may make a project grant even though real property for the 

project has been or will be acquired through a loan under subsection (b) of this section. 

ø(l) FISCAL CAPACITY CONSIDERATIONS.—If the Secretary of 

Transportation gives priority consideration to financing projects 

that include more than the non-Government share required under 

subsection (h) of this section, the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments. 

ø(m) ALLOCATING AMOUNTS.— 

ø(1) IN GENERAL.—Of the amounts made available by or appropriated under section 5338(b) for grants and loans under 

this section for each of fiscal years 1998 through 2004 and for 

the period of October 1, 2004, through May 31, 2005— 

ø(A) 40 percent shall be available for fixed guideway 

modernization, except for fiscal year 2004 during which 

$1,206,506,000 will be available; 

ø(B) 40 percent shall be available for capital projects for 

new fixed guideway systems and extensions to existing 

fixed guideway systems, except for fiscal year 2004 during 

which $1,323,794,000 will be available; and 

ø(C) 20 percent shall be available to replace, rehabilitate, and purchase buses and related equipment and to 

construct bus-related facilities, except for fiscal year 2004 

during which $607,200,000 will be available;. 

ø(2) NEW FIXED GUIDEWAY GRANTS.— 

ø(A) LIMITATION ON AMOUNTS AVAILABLE FOR ACTIVITIES

OTHER THAN FINAL DESIGN AND CONSTRUCTION.—Not more 

than 8 percent of the amounts made available in each fiscal year by paragraph (1)(B) shall be available for activities other than final design and construction. 

ø(B) FUNDING FOR FERRY BOAT SYSTEMS.— 

ø(i) AMOUNTS UNDER (1)(B).—Of the amounts made 

available under paragraph (1)(B), $10,400,000 shall be 

available in each of fiscal years 1999 through 2004 for 

capital projects in Alaska or Hawaii, for new fixed 

guideway systems and extensions to existing fixed 

guideway systems that are ferry boats or ferry terminal facilities, or that are approaches to ferry terminal facilities. 

ø(ii) AMOUNTS UNDER 5338(H)(5).—Of the amounts 

appropriated under section 5338(h)(5), $3,600,000 

shall be available in each of fiscal years 1999 through 

2003 for capital projects in Alaska or Hawaii, for new 

fixed guideway systems and extensions to existing 

fixed guideway systems that are ferry boats or ferry 

terminal facilities, or that are approaches to ferry terminal facilities. 

703 

ø(iii) OCTOBER 1, 2004 THROUGH MAY 31, 2005.—Of 

the amounts made available under paragraph (1)(B), 

$6,933,333 shall be available for the period of October 

1, 2004, through May 31, 2005, for capital projects described in clause (i). 

ø(3) BUS AND BUS FACILITY GRANTS.— 

ø(A) CONSIDERATION.—In making grants under paragraph (1)(C), the Secretary shall consider the age of buses, 

bus fleets, related equipment, and bus-related facilities. 

ø(B) FUNDING FOR BUS TESTING FACILITY.—Of the 

amounts made available under paragraph (1)(C), 

$3,000,000 shall be available in each of fiscal years 1998 

through 2004 (and $2,000,000 shall be available for the period October 1, 2004, through May 31, 2005) to carry out 

section 5318. 

ø(C) FUNDING FOR CLEAN FUELS.—Of the amounts made 

available under paragraph (1)(C), $50,000,000 shall be 

available in each of fiscal years 1999 through 2004 (and 

$50,000,000 shall be transferred to and administered 

under section 5309 for buses and bus facilities for fiscal 

year 2004), and $33,333,333 shall be available for the period October 1, 2004, through May 31, 2005, to carry out 

section 5308. 

ø(D) OTHER THAN URBANIZED AREAS.—Of amounts made 

available by paragraph (1)(C), not less than 5.5 percent 

shall be available in each fiscal year for other than urbanized areas. 

ø(4) ELIGIBILITY FOR ASSISTANCE FOR MULTIPLE PROJECTS.— 

A person applying for or receiving assistance for a project described in subparagraph (A), (B), or (C) of paragraph (1) may 

receive assistance for a project described in any other of such 

subparagraphs. 

ø(n) UNDERTAKING PROJECTS IN ADVANCE.—(1) The Secretary of 

Transportation may pay the Government’s share of the net project 

cost to a State or local governmental authority that carries out any 

part of a project described in this section or a substitute transit 

project described in section 103(e)(4) of title 23 without the aid of 

amounts of the Government and according to all applicable procedures and requirements if— 

ø(A) the State or local governmental authority applies for the 

payment; 

ø(B) the Secretary approves the payment; and 

ø(C) before carrying out the part of the project, the Secretary 

approves the plans and specifications for the part in the same 

way as other projects under this section or section 103(e)(4) of 

title 23. 

ø(2) The cost of carrying out part of a project includes the 

amount of interest earned and payable on bonds issued by the 

State or local governmental authority to the extent proceeds of the 

bonds are expended in carrying out the part. However, the amount 

of interest under this paragraph may not be more than the most 

favorable interest terms reasonably available for the project at the 

time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary of Transportation, that the applicant has 

704 

shown reasonable diligence in seeking the most favorable financial 

terms. 

ø(3) The Secretary of Transportation shall consider changes in 

capital project cost indices when determining the estimated cost 

under paragraph (2) of this subsection. 

ø(o) USE OF DEOBLIGATED AMOUNTS.— 

øAn amount available under this section that is deobligated may 

be used for any purpose under this section. 

ø(o) REPORTS.— 

ø(1) FUNDING LEVELS AND ALLOCATIONS OF FUNDS FOR FIXED

GUIDEWAY SYSTEMS.— 

ø(A) ANNUAL REPORT.—Not later than the first Monday 

in February of each year, the Secretary shall submit to the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Banking, 

Housing, and Urban Affairs of the Senate a report that includes a proposal on the allocation of amounts to be made 

available to finance grants and loans for capital projects 

for new fixed guideway systems and extensions to existing 

fixed guideway systems among applicants for those 

amounts. 

ø(B) RECOMMENDATIONS ON FUNDING.—The annual report under this paragraph shall include evaluations and 

ratings, as required under subsection (e), for each project 

that is authorized or has received funds under this section 

since the date of enactment of the Federal Transit Act of 

1998 or October 1 of the preceding fiscal year, whichever 

date is earlier. The report shall also include recommendations of projects for funding based on the evaluations and 

ratings and on existing commitments and anticipated 

funding levels for the next 3 fiscal years and for the next 

10 fiscal years based on information currently available to 

the Secretary. 

ø(2) SUPPLEMENTAL REPORT ON NEW STARTS.—The Secretary 

shall submit a report to Congress on the 31st day of August 

of each year that describes the Secretary’s evaluation and rating of each project that has completed alternatives analysis or 

preliminary engineering since the date of the last report. The 

report shall include all relevant information that supports the 

evaluation and rating of each project, including a summary of 

each project’s financial plan. 

ø(3) ANNUAL GAO REVIEW.—The Government Accountability 

Office shall— 

ø(A) conduct an annual review of— 

ø(i) the processes and procedures for evaluating and 

rating projects and recommending projects; and 

ø(ii) the Secretary’s implementation of such processes and procedures; and 

ø(B) shall report to Congress on the results of such review by April 30 of each year. 

ø(p) PROJECT DEFINED.—In this section, the term ‘‘project’’ 

means, with respect to a new fixed guideway system or extension 

to an existing fixed guideway system, a minimum operable segment 

of the project.¿ 

705 

(c) MAJOR CAPITAL INVESTMENT GRANTS OF $75,000,000 OR

MORE.— 

(1) FULL FUNDING GRANT AGREEMENT.—A major new fixed 

guideway capital project financed under this subsection shall be 

carried out through a full funding grant agreement. The Secretary shall enter into a full funding grant agreement based on 

the evaluations and ratings required under this subsection. The 

Secretary shall not enter into a full funding grant agreement 

for a project unless that project is authorized for final design 

and construction. 

(2) APPROVAL OF GRANTS.—The Secretary may approve a 

grant under this section for a major new fixed guideway capital 

project only if the Secretary, based upon evaluations and considerations set forth in paragraph (3), determines that the proposal is— 

(A) based on the results of an alternatives analysis and 

preliminary engineering; 

(B) justified based on a comprehensive review of its mobility improvements, environmental benefits, cost effectiveness, operating efficiencies, and transit supportive policies, 

and existing land use; and 

(C) supported by an acceptable degree of local financial 

commitment (including evidence of stable and dependable 

financing sources) to construct, maintain, and operate the 

system or extension. 

(3) CONSIDERATIONS.— 

(A) RESULTS OF ALTERNATIVES ANALYSIS AND PRELIMINARY ENGINEERING.—In evaluating a proposed project for 

purposes of making the finding required by paragraph 

(2)(A), the Secretary shall analyze and consider the results 

of the alternatives analysis and preliminary engineering for 

the project. 

(B) PROJECT JUSTIFICATION.—In evaluating a proposed 

project for purposes of making the finding required by 

paragraph (2)(B), the Secretary shall— 

(i) consider the direct and indirect costs of relevant 

alternatives; 

(ii) consider factors such as congestion relief, improved mobility, air pollution, noise pollution, energy 

consumption, and all associated ancillary and mitigation costs necessary to carry out each alternative analyzed and recognize reductions in local infrastructure 

costs achieved through compact land use development; 

(iii) identify and consider public transportation supportive existing land use policies and future patterns 

and the cost of suburban sprawl; 

(iv) consider the degree to which the project increases 

the mobility of the public transportation dependent 

population or promotes economic development; 

(v) consider population density and current transit 

ridership in the corridor; 

(vi) consider the technical capability of the grant recipient to construct the project; 

706 

(vii) adjust the project justification to reflect differences in local land, construction, and operating 

costs; and 

(viii) consider other factors that the Secretary determines appropriate to carry out this chapter. 

(C) LOCAL FINANCIAL COMMITMENT.—In evaluating a proposed project under paragraph (2)(C), the Secretary shall 

require that— 

(i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases; 

(ii) each proposed local source of capital and operating financing is stable, reliable, and available within 

the proposed project timetable; and 

(iii) local resources are available to operate the overall proposed public transportation system (including 

essential feeder bus and other services necessary to 

achieve the projected ridership levels) without requiring a reduction in existing public transportation services to operate the proposed project. 

(D) ASSESSMENT OF LOCAL FINANCING.—In assessing the 

stability, reliability, and availability of proposed sources of 

local financing under paragraph (2)(C), the Secretary shall 

consider— 

(i) existing grant commitments; 

(ii) the degree to which financing sources are dedicated to the purposes proposed; 

(iii) any debt obligation that exists or is proposed by 

the recipient for the proposed project or other public 

transportation purpose; and 

(iv) the extent to which the project has a local financial commitment that exceeds the required non-Federal 

share of the cost of the project. 

(4) EVALUATION AND RATING OF PROJECTS.—A proposed 

project under this subsection may advance from alternatives 

analysis to preliminary engineering, and may advance from 

preliminary engineering to final design and construction, only 

if the Secretary finds that the project meets the requirements of 

this section and there is a reasonable likelihood that the project 

will continue to meet such requirements. In making the findings, the Secretary shall evaluate and rate the project as ‘‘highly recommended’’, ‘‘recommended’’, or ‘‘not recommended’’ based 

on the results of alternatives analysis, the project justification 

criteria, and the degree of local financial commitment, as required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, 

individual ratings for each of the criteria established by regulation. 

(5) MAJOR DEFINED.—In this section, the term ‘‘major’’, as 

used with respect to a new fixed guideway capital project, 

means the Federal assistance provided or to be provided under 

this section for the project is $75,000,000 or more. 

(d) CAPITAL INVESTMENT GRANTS LESS THAN $75,000,000.— 

707 

(1) IN GENERAL.—Subject to the provisions of this subsection, 

if the Federal assistance provided or to be provided under this 

section with respect to a new fixed guideway capital project is 

less than $75,000,000, and not less than $25,000,000, the 

project shall be subject to the requirements in this subsection. 

A new fixed guideway capital project is not subject to the requirements of this subsection if the assistance provided under 

this section with respect to the project is less than $25,000,000. 

(2) SELECTION CRITERIA.—The Secretary may provide Federal 

assistance under this subsection with respect to a proposed 

project only if the Secretary finds that the project is— 

(A) based on the results of planning and alternatives 

analysis; 

(B) justified based on a review of its public transportation supportive land use policies, cost effectiveness, and 

effect on local economic development; and 

(C) supported by an acceptable degree of local financial 

commitment. 

(3) PLANNING AND ALTERNATIVES.—In evaluating a project 

under paragraph (2)(A), the Secretary shall analyze and consider the results of planning and alternatives analysis for the 

project. 

(4) PROJECT JUSTIFICATION.—For purposes of making the 

finding under paragraph (2)(B), the Secretary shall— 

(A) determine the degree to which the project is consistent 

with local land use policies and is likely to achieve local developmental goals; 

(B) determine the cost effectiveness of the project at the 

time of the initiation of revenue service; 

(C) determine the degree to which the project will have a 

positive effect on local economic development; 

(D) consider the reliability of the forecasts of costs and 

ridership associated with the project; and 

(E) consider other factors that the Secretary determines 

appropriate to carry out this subsection. 

(5) LOCAL FINANCIAL COMMITMENT.—For purposes of paragraph (2)(C), the Secretary shall require that each proposed 

local source of capital and operating financing is stable, reliable, and available within the proposed project timetable. 

(6) ADVANCEMENT OF PROJECT TO DEVELOPMENT AND CONSTRUCTION.— 

(A) GENERAL RULE.—A proposed project under this subsection may advance from planning and alternatives analysis to project development and construction only if— 

(i) the Secretary finds that the project meets the requirements of this subsection and there is a reasonable 

likelihood that the project will continue to meet such 

requirements; and 

(ii) the metropolitan planning organization has 

adopted the locally preferred alternative for the project 

into the long-range transportation plan. 

(B) EVALUATION.—In making the findings under subparagraph (A), the Secretary shall evaluate and rate the 

project as ‘‘recommended’’ or ‘‘not recommended’’ based on 

the results of the analysis of the project justification criteria 

708 

and the degree of local financial commitment, as required 

by this subsection. 

(7) CONTENTS OF PROJECT CONSTRUCTION GRANT AGREE- MENT.—A project construction grant agreement under this subsection shall specify the scope of the project to be constructed, 

the estimated net project cost of the project, the schedule under 

which the project shall be constructed, the maximum amount of 

funding to be obtained under this subsection, the proposed 

schedule for obligation of future Federal grants, and the sources 

of funding from other than the Government. The agreement 

may include a commitment on the part of the Secretary to provide funding for the project in future fiscal years. 

(8) LIMITATION ON ENTRY INTO CONSTRUCTION GRANT AGREEMENT.—The Secretary may enter into a project construction 

grant agreement for a project under this subsection only if the 

project is authorized for construction and has been rated as 

‘‘recommended’’ under this subsection. 

(9) REGULATIONS.—Not later than 120 days after the date of 

enactment of the Federal Public Transportation Act of 2005, the 

Secretary shall issue regulations establishing an evaluation and 

rating process for proposed projects under this subsection that 

is based on the results of project justification and local financial commitment, as required under this subsection. 

(10) FIXED GUIDEWAY CAPITAL PROJECT.—In this subsection, 

the term ‘‘fixed guideway capital project’’ includes a corridorbased public transportation bus capital project if the majority 

of the project’s corridor right-of-way is dedicated alignment for 

exclusive use by public transportation vehicles for all or part of 

the day. 

(e) PREVIOUSLY ISSUED LETTER OF INTENT OR FULL FUNDING

GRANT AGREEMENT.—Subsections (c) and (d) do not apply to 

projects for which the Secretary has issued a letter of intent or entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2005. Subsection 

(d) also does not apply to projects for which the Secretary has received an application for final design before such date of enactment. 

(f) LETTERS OF INTENT, FULL FUNDING GRANT AGREEMENTS, AND

EARLY SYSTEMS WORK AGREEMENTS.— (1) LETTERS OF INTENT.— (A) AMOUNTS INTENDED TO BE OBLIGATED.—The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a capital project under this 

section, an amount from future available budget authority 

specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the 

project. When a letter is issued for fixed guideway projects, 

the amount shall be sufficient to complete at least an operable segment. 

(B) TREATMENT.—The issuance of a letter under subparagraph (A) is deemed not to be an obligation under sections 

1108(c), 1108(d), 1501, and 1502(a) of title 31 or an administrative commitment. 

(2) FULL FUNDING GRANT AGREEMENTS.— 

(A) TERMS.—The Secretary may make a full funding 

grant agreement with an applicant. The agreement shall— 

709 

(i) establish the terms of participation by the Government in a project under this section; 

(ii) establish the maximum amount of Government financial assistance for the project; 

(iii) cover the period of time for completing the 

project, including a period extending beyond the period 

of an authorization; and 

(iv) make timely and efficient management of the 

project easier according to the law of the United States. 

(B) SPECIAL FINANCIAL RULES.— (i) IN GENERAL.—An agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, 

contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. 

(ii) STATEMENT OF CONTINGENT COMMITMENT.—The 

agreement shall state that the contingent commitment 

is not an obligation of the Government. 

(iii) INTEREST AND OTHER FINANCING COSTS.—Interest and other financing costs of efficiently carrying out 

a part of the project within a reasonable time are a cost 

of carrying out the project under a full funding grant 

agreement, except that eligible costs may not be more 

than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. 

(iv) COMPLETION OF OPERABLE SEGMENT.—The 

amount stipulated in an agreement under this paragraph for a fixed guideway project shall be sufficient to 

complete at least an operable segment. 

(3) EARLY SYSTEM WORK AGREEMENTS.— (A) CONDITIONS.—The Secretary may make an early systems work agreement with an applicant if a record of decision under the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.) has been issued on the project and 

the Secretary finds there is reason to believe— 

(i) a full funding grant agreement for the project will 

be made; and 

(ii) the terms of the work agreement will promote ultimate completion of the project more rapidly and at 

less cost. 

(B) CONTENTS.— 

(i) IN GENERAL.—A work agreement under this paragraph obligates an amount of available budget authority specified in law and shall provide for reimbursement of preliminary costs of carrying out the project, 

including land acquisition, timely procurement of system elements for which specifications are decided, and 

other activities the Secretary decides are appropriate to 

make efficient, long-term project management easier. 

710 

(ii) PERIOD COVERED.—A work agreement under this 

paragraph shall cover the period of time the Secretary 

considers appropriate. The period may extend beyond 

the period of current authorization. 

(iii) INTEREST AND OTHER FINANCING COSTS.—Interest and other financing costs of efficiently carrying out 

the work agreement within a reasonable time are a cost 

of carrying out the agreement, except that eligible costs 

may not be more than the cost of the most favorable financing terms reasonably available for the project at 

the time of borrowing. The applicant shall certify, in a 

way satisfactory to the Secretary, that the applicant 

has shown reasonable diligence in seeking the most favorable financing terms. 

(iv) FAILURE TO CARRY OUT PROJECT.—If an applicant does not carry out the project for reasons within 

the control of the applicant, the applicant shall repay 

all Government payments made under the work agreement plus reasonable interest and penalty charges the 

Secretary establishes in the agreement. 

(4) LIMITATION ON AMOUNTS.— (A) MAJOR CAPITAL INVESTMENT GRANTS CONTINGENT

COMMITMENT AUTHORITY.—The total estimated amount of 

future obligations of the Government and contingent commitments to incur obligations covered by all outstanding 

letters of intent, full funding grant agreements, and early 

systems work agreements under this subsection for major 

new fixed guideway capital projects may be not more than 

the greater of the amount authorized under sections 5338(b) 

and 5338(h)(1) for such projects or an amount equivalent 

to the last 3 fiscal years of funding allocated under subsections (m)(1)(B) and (m)(2)(B)(ii) for such projects, less an 

amount the Secretary reasonably estimates is necessary for 

grants under this section for those of such projects that are 

not covered by a letter or agreement. The total amount covered by new letters and contingent commitments included 

in full funding grant agreements and early systems work 

agreements for such projects may be not more than a limitation specified in law. 

(B) OTHER CONTINGENT COMMITMENT AUTHORITY.—The 

total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all project construction grant agreements and early 

system work agreements under this subsection for small 

capital projects described in subsection (d) may be not more 

than the greater of the amount allocated under subsection 

(m)(2)(A) for such projects or an amount equivalent to the 

last fiscal year of funding allocated under subsection 

(m)(2)(A) for such projects, less an amount the Secretary 

reasonably estimates is necessary for grants under this section for those of such projects that are not covered by an 

agreement. The total amount covered by new contingent 

commitments included in project construction grant agreements and early systems work agreements for such projects 

may be not more than a limitation specified in law. 

711 

(C) INCLUSION OF CERTAIN COMMITMENTS.—Future obligations of the Government and contingent commitments 

made against the contingent commitment authority under 

section 3032(g)(2) of the Intermodal Surface Transportation 

Efficiency Act of 1991 (106 Stat. 2125) for the San Francisco BART to the Airport project for fiscal years 2002, 

2003, 2004, 2005, and 2006 shall be charged against section 3032(g)(2) of that Act. 

(D) APPROPRIATION REQUIRED.—An obligation may be 

made under this subsection only when amounts are appropriated for the obligation. 

(5) NOTIFICATION OF CONGRESS.—At least 60 days before 

issuing a letter of intent or entering into a full funding grant 

agreement or project construction grant agreement under this 

section, the Secretary shall notify, in writing, the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed 

letter or agreement as well as the evaluations and ratings for 

the project. 

(g) GOVERNMENT’S SHARE OF NET PROJECT COST.— 

(1) FEDERAL SHARE.—Based on engineering studies, studies of 

economic feasibility, and information on the expected use of 

equipment or facilities, the Secretary shall estimate the net 

project cost. A grant for the project shall be for 80 percent of 

the net capital project cost, unless the grant recipient requests 

a lower grant percentage. 

(2) REMAINDER OF NET PROJECT COST.—The remainder of net 

project costs shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new 

capital. 

(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 

this section, including paragraph (1) and subsections 

(c)(3)(D)(iv) and (c)(4), shall be construed as authorizing the 

Secretary to require a non-Federal financial commitment for a 

project that is more than 20 percent of the net capital project 

cost. 

(4) SPECIAL RULE FOR ROLLING STOCK COSTS.—In addition to 

amounts allowed pursuant to paragraph (1), a planned extension to a fixed guideway system may include the cost of rolling 

stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts of the Government were used and that the purchase was made for use on the 

extension. A refund or reduction of the remainder may be made 

only if a refund of a proportional amount of the grant of the 

Government is made at the same time. 

(5) LIMITATION ON APPLICABILITY.—This subsection does not 

apply to projects for which the Secretary has entered into a full 

funding grant agreement before the date of enactment of the 

Federal Public Transportation Act of 2005. 

(h) FISCAL CAPACITY CONSIDERATIONS.—If the Secretary gives priority consideration to financing projects that include more than the 

non-Government share required under subsection (g), the Secretary 

712 

shall give equal consideration to differences in the fiscal capacity of 

State and local governments. 

(i) REPORTS ON NEW STARTS.— (1) ANNUAL DOT REPORT.—Not later than the first Monday in 

February of each year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Banking, Housing, and 

Urban Affairs of the Senate a report that includes— 

(A) a proposal of allocations of amounts to be available 

to finance grants for new fixed guideway capital projects 

among applicants for these amounts; 

(B) evaluations and ratings, as required under subsection 

(c), for each such project that is authorized by the Federal 

Public Transportation Act of 2005; and 

(C) recommendations of such projects for funding based 

on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal 

years and for the next 10 fiscal years based on information 

currently available to the Secretary. 

(2) ANNUAL GAO REVIEW.—The Comptroller General shall— 

(A) conduct an annual review of— 

(i) the processes and procedures for evaluating, rating, and recommending new fixed guideway capital 

projects; and 

(ii) the Secretary’s implementation of such processes 

and procedures; and 

(B) report to Congress on the results of such review by 

May 31 of each year. 

(j) UNDERTAKING PROJECTS IN ADVANCE.— 

(1) IN GENERAL.—The Secretary may pay the Government’s 

share of the net capital project cost to a State or local governmental authority that carries out any part of a project described 

in this section without the aid of amounts of the Government 

and according to all applicable procedures and requirements 

if— 

(A) the State or local governmental authority applies for 

the payment; 

(B) the Secretary approves the payment; and 

(C) before carrying out the part of the project, the Secretary approves the plans and specifications for the part in 

the same way as other projects under this section. 

(2) FINANCING COSTS.— 

(A) IN GENERAL.—The cost of carrying out part of a 

project includes the amount of interest earned and payable 

on bonds issued by the State or local governmental authority to the extent proceeds of the bonds are expended in carrying out the part. 

(B) LIMITATION ON AMOUNT OF INTEREST.—The amount 

of interest under this paragraph may not be more than the 

most favorable interest terms reasonably available for the 

project at the time of borrowing. 

(C) CERTIFICATION.—The applicant shall certify, in a 

manner satisfactory to the Secretary, that the applicant has 

shown reasonable diligence in seeking the most favorable financial terms. 

713 

(3) CAPITAL PROJECT COST INDICES.—The Secretary shall consider changes in capital project cost indices when determining 

the estimated cost under paragraph (2). 

(k) BUS AND BUS FACILITIES PROJECTS.—In making grants under 

subsections (m)(1)(C) and (m)(2)(B)(iii), the Secretary shall consider 

the age of buses, bus fleets, related equipment, and bus-related facilities. 

(l) AVAILABILITY OF AMOUNTS.—An amount made available or appropriated under section 5338(b), 5338(g), or 5338(h) for replacement, rehabilitation, and purchase of buses and related equipment 

and construction of bus-related facilities or for new fixed guideway 

capital projects shall remain available for 3 fiscal years, including 

the fiscal year in which the amount is made available or appropriated. Any of such amounts that are unobligated at the end of the 

3-fiscal-year period shall be deobligated and may be used by the 

Secretary for any purpose under this section. 

(m) ALLOCATING AMOUNTS.— 

(1) FISCAL YEAR 2004.—The total amount of funds made available by or appropriated under section 5338(b) for fiscal year 

2004 shall be allocated as follows: 

(A) 40 percent for fixed guideway modernization; 

(B) 40 percent for major new fixed guideway capital 

projects; and 

(C) 20 percent to replace, rehabilitate, and purchase 

buses and related equipment and to construct bus-related 

facilities. 

(2) FISCAL YEARS 2005–2009.—The total amount of funds made 

available by section 5338(g), and appropriated under section 

5338(h), for each of fiscal years 2005 through 2009 shall be allocated in the fiscal year as follows: 

(A) SMALL CAPITAL PROJECTS.—From funds appropriated 

under section 5338(h) for new fixed guideway capital 

projects described in subsection (d)— (i) $135,000,000 in fiscal year 2005; 

(ii) $175,000,000 in fiscal year 2006; 

(iii) $200,000,000 in fiscal year 2007; 

(iv) $200,000,000 in fiscal year 2008; and 

(v) $225,000,000 in fiscal year 2009. 

(B) REMAINDER.—After the allocation under subparagraph (A), the remainder of such total amount shall be allocated as follows: 

(i) 40 percent for fixed guideway modernization, to be 

derived from funds made available under section 

5338(g). 

(ii) 40 percent for major new fixed capital guideway 

projects, to be derived from funds appropriated under 

section 5338(h). 

(iii) 20 percent to replace, rehabilitate, and purchase 

buses and related equipment and to construct bus-related facilities, to be derived from funds made available under section 5338(g). 

(3) FUNDING FOR FERRY BOAT SYSTEMS.—Of the amounts 

made available under paragraphs (1)(B) and (2)(B)(ii), 

$10,400,000 shall be available in each of fiscal years 2004 

through 2009 for new fixed guideway capital projects in Alaska 

714 

or Hawaii that are for ferry boats or ferry terminal facilities or 

that are for approaches to ferry terminal facilities. Of the 

amounts made available under paragraphs (1)(C) and 

(2)(B)(iii), $10,000,000 shall be available in each of fiscal years 

2005 through 2009 for ferry boats or ferry terminal facilities. 

(4) FUEL CELL BUS PROGRAM.—Of the amounts made available under subsections (m)(1)(C) and (m)(2)(B)(iii) for a fiscal 

year, the following amounts shall be set aside for the national 

fuel cell bus technology development program under section 

3039 of the Federal Public Transportation Act of 2005: (A) $4,849,950 for fiscal year 2004. 

(B) $10,000,000 for fiscal year 2005. 

(C) $11,000,000 for fiscal year 2006. 

(D) $12,000,000 for fiscal year 2007. 

(E) $13,000,000 for fiscal year 2008. 

(F) $14,000,000 for fiscal year 2009. 

(n) NEW FIXED GUIDEWAY CAPITAL PROJECT DEFINED.—In this 

section, the term ‘‘new fixed guideway capital project’’ means a minimum operable segment of a capital project for a new fixed guideway system or extension to an existing fixed guideway system. 

ø§ 5310. Formula grants and loans for special needs of elderly individuals and individuals with disabilities 

ø(a) GENERAL AUTHORITY.—The Secretary of Transportation may 

make grants and loans to— 

ø(1) State and local governmental authorities to help them 

provide mass transportation service planned, designed, and 

carried out to meet the special needs of elderly individuals and 

individuals with disabilities; and 

ø(2) the chief executive officer of each State for allocation 

to— 

ø(A) private nonprofit corporations and associations to 

help them provide that transportation service when the 

transportation service provided under clause (1) of this 

subsection is unavailable, insufficient, or inappropriate; or 

ø(B) governmental authorities— 

ø(i) approved by the State to coordinate services for 

elderly individuals and individuals with disabilities; or 

ø(ii) that certify to the chief executive officer that no 

nonprofit corporation or association readily is available in an area to provide service under this subsection. 

ø(b) APPORTIONING AND TRANSFERRING AMOUNTS.—The Secretary 

shall apportion amounts made available under section 5338(a) of 

this title under a formula the Secretary administers that considers 

the number of elderly individuals and individuals with disabilities 

in each State. Any State’s apportionment remaining available for 

obligation at the beginning of the 90-day period before the end of 

the period of availability of the apportionment is available to the 

chief executive officer of the State for transfer to supplement 

amounts apportioned to the State under section 5311(c) or 

5336(a)(1) of this title. 

ø(c) STATE PROGRAM OF PROJECTS.—Amounts made available for 

this section may be used for transportation projects to assist in providing transportation services for elderly individuals and individVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00716 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
715 

uals with disabilities that are included in a State program of 

projects. A program shall be submitted annually to the Secretary 

for approval and shall contain an assurance that the program provides for maximum feasible coordination of transportation services 

assisted under this section with transportation services assisted by 

other United States Government sources. 

ø(d) ELIGIBLE CAPITAL EXPENSES.—A recipient of amounts under 

this section may include acquiring transportation services as an eligible capital expense. 

ø(e) APPLICATION OF SECTION 5309.—(1) A grant or loan under 

subsection (a)(1) of this section is subject to all requirements of a 

grant or loan under section 5309 of this title, and is deemed to 

have been made under section 5309. 

ø(2) A grant or loan under subsection (a)(2) of this section is subject to requirements similar to those under paragraph (1) of this 

subsection to the extent the Secretary considers appropriate. 

ø(f) MINIMUM REQUIREMENTS AND PROCEDURES FOR RECIPIENTS.—In carrying out section 5301(d) of this title, section 165(b) 

of the Federal-Aid Highway Act of 1973 (Public Law 93–87, 87 

Stat. 282), and section 504 of the Rehabilitation Act of 1973 (29 

U.S.C. 794) (consistent with Government-wide standards to carry 

out section 504), the Secretary shall prescribe regulations establishing minimum criteria a recipient of Government financial assistance under this chapter or a law referred to in section 165(b) 

shall comply with in providing mass transportation service to elderly individuals and individuals with disabilities and procedures for 

the Secretary to monitor compliance with the criteria. The regulations shall include provisions for ensuring that organizations and 

groups representing elderly individuals and individuals with disabilities are given adequate notice of, and an opportunity to comment on, the proposed activity of a recipient to achieve compliance 

with the regulations. 

ø(g) LEASING VEHICLES.—The Secretary shall prescribe guidelines allowing vehicles bought under this section to be leased to 

local governmental authorities to improve transportation services 

designed to meet the special needs of elderly individuals and individuals with disabilities.¿ 

§ 5310. Formula grants for special needs of elderly individuals and individuals with disabilities 

(a) GENERAL AUTHORITY.— 

(1) GRANTS.—The Secretary may make grants to States and 

local governmental authorities under this section for public 

transportation capital projects, and operating costs associated 

with public transportation capital projects, planned, designed, 

and carried out to meet the special needs of elderly individuals 

and individuals with disabilities. 

(2) SUBRECIPIENTS.—A State that receives a grant under this 

section may allocate the amounts of the grant to— 

(A) a private nonprofit organization if the public transportation service provided under paragraph (1) is unavailable, insufficient, or inappropriate; or 

(B) a governmental authority that— 

716 

(i) is approved by the State to coordinate services for 

elderly individuals and individuals with disabilities; 

or 

(ii) certifies that there are not any nonprofit organizations readily available in the area to provide the 

services described under paragraph (1). 

(3) ACQUIRING PUBLIC TRANSPORTATION SERVICES.—A public 

transportation capital project under this section may include 

acquisition of public transportation services as an eligible capital expense. 

(4) ADMINISTRATIVE EXPENSES.—A State or local governmental authority may use not more than 10 percent of the 

amounts apportioned to the State under this section to administer, plan, and provide technical assistance for a project funded under this section. 

(b) APPORTIONMENT AND TRANSFERS.— 

(1) APPORTIONMENT.— 

(A) FORMULA.—The Secretary shall apportion amounts 

made available to carry out this section under a formula 

the Secretary administers that considers the number of elderly individuals and individuals with disabilities in each 

State. 

(B) LOW DENSITY ADJUSTMENT.—In administering the 

apportionment formula under subparagraph (A)— 

(i) in the case of a State with a population density 

of 10 or fewer persons per square mile, the Secretary 

shall multiply by a factor of 2 the number of elderly individuals and individuals with disabilities in the State 

(as determined using the most recent decennial United 

States Census); and 

(ii) in the case of a State with a population density 

of more than 10 but equal to or fewer than 30 persons 

per square mile, the Secretary shall multiply by a factor of 1.25 the number of elderly individuals and individuals with disabilities in the State (as determined 

using the most recent decennial United States Census). 

(2) TRANSFERS.—Any State’s apportionment remaining available for obligation at the beginning of the 90-day period before 

the end of the period of availability of the apportionment is 

available to the State for transfer to supplement amounts apportioned to the State under section 5311(c) or 5336(a)(1), or 

both. Any funds transferred pursuant to this paragraph shall 

be made available only for eligible projects as described in this 

section. 

(c) GOVERNMENT’S SHARE OF COSTS.— 

(1) CAPITAL PROJECTS.—A grant for a capital project under 

this section shall be for 80 percent of the net capital costs of the 

project, as determined by the Secretary; except that in the case 

of a State described in section 120(b)(1) of title 23, such percentage shall be increased in accordance with such section. 

(2) OPERATING ASSISTANCE.—A grant made under this section 

for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. 

(3) REMAINDER.—The remainder of the net project costs— 

717 

(A) may be provided from an undistributed cash surplus, 

a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or 

a private social service organization, or new capital; and 

(B) may be derived from amounts appropriated to or 

made available to a department or agency of the Government (other than the Department of Transportation) that 

are eligible to be expended for transportation. 

(4) USE OF CERTAIN FUNDS.—For purposes of paragraph 

(3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security 

Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or 

State funds to be used for transportation purposes. 

(d) GRANT REQUIREMENTS.— 

(1) IN GENERAL.—A grant under this section shall be subject 

to all requirements of a grant under section 5307. A grant to 

a subrecipient under this section shall be subject to such requirements to the extent the Secretary considers appropriate. 

(2) COORDINATION WITH NONPROFIT PROVIDERS.—A recipient 

that transfers funds to an apportionment under section 

5336(a)(1) pursuant to subsection (b)(2) shall certify that the 

project for which the funds are requested under this section has 

been coordinated with nonprofit providers of services. 

(3) PROJECT SELECTION AND PLANNING.—Beginning in fiscal 

year 2007, a recipient of funds under this section shall certify 

that— 

(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and 

(B) the plan was developed through a process that included representatives of public, private, and nonprofit 

transportation and human services providers and participation by the public. 

(4) FAIR AND EQUITABLE DISTRIBUTION.—A recipient of a 

grant under this section shall certify that allocations of the 

grant to subrecipients are distributed on a fair and equitable 

basis. 

(e) STATE PROGRAM.— (1) IN GENERAL.—Amounts made available to carry out this 

section may be used for transportation projects to assist in providing transportation services for elderly individuals and individuals with disabilities that are included in a State program 

of projects. 

(2) SUBMISSION AND APPROVAL.—A program shall be submitted annually to the Secretary for approval and shall contain 

an assurance that the program provides for maximum feasible 

coordination of transportation services assisted under this section with transportation services assisted by other Government 

sources. 

(f) LEASING VEHICLES.—Vehicles acquired under this section may 

be leased to local governmental authorities to improve transportation services designed to meet the special needs of elderly individuals and individuals with disabilities. 

ø(h)¿ (g) MEAL DELIVERY SERVICE TO HOMEBOUND INDIVIDUALS.—øMass¿ Public transportation service providers receiving 

718 

assistance under this section or section 5311(c) of this title may coordinate and assist in regularly providing meal delivery service for 

homebound individuals if the delivery service does not conflict with 

providing ømass¿ public transportation service or reduce service to 

ømass¿ public transportation passengers. 

ø(i)¿ (h) TRANSFER OF FACILITIES AND EQUIPMENT.—With the 

consent of the recipient currently having a facility or equipment acquired with assistance under this section, a State may transfer the 

facility or equipment to any recipient eligible to receive assistance 

under this chapter if the facility or equipment will continue to be 

used as required under this section. 

ø(j)¿ (i) FARES NOT REQUIRED.—This chapter does not require 

that elderly individuals and individuals with disabilities be charged 

a fare. 

§ 5311. Formula grants for other than urbanized areas 

ø(a) DEFINITION.—In this section, ‘‘recipient’’ includes a State authority, a local governmental authority, a nonprofit organization, 

and an operator of mass transportation service. 

ø(b) GENERAL AUTHORITY.—(1) The Secretary of Transportation 

may make grants for transportation projects that are included in 

a State program of mass transportation service projects (including 

service agreements with private providers of mass transportation 

service) for areas other than urbanized areas. The program shall 

be submitted annually to the Secretary. The Secretary may approve the program only if the Secretary finds that the program provides a fair distribution of amounts in the State, including Indian 

reservations, and the maximum feasible coordination of mass 

transportation service assisted under this section with transportation service assisted by other United States Government sources. 

ø(2) The Secretary of Transportation shall carry out a rural 

transportation assistance program in nonurbanized areas. In carrying out this paragraph, the Secretary may make grants and contracts for transportation research, technical assistance, training, 

and related support services in nonurbanized areas. 

ø(c) APPORTIONING AMOUNTS.—The Secretary of Transportation 

shall apportion amounts made available under section 5338(a) of 

this title so that the chief executive officer of each State receives 

an amount equal to the total amount apportioned multiplied by a 

ratio equal to the population of areas other than urbanized areas 

in a State divided by the population of all areas other than urbanized areas in the United States, as shown by the most recent of the 

following: the latest Government census, the population estimate 

the Secretary of Commerce prepares after the 4th year after the 

date the latest census is published, or the population estimate the 

Secretary of Commerce prepares after the 8th year after the date 

the latest census is published. The amount may be obligated by the 

chief executive officer for 2 years after the fiscal year in which the 

amount is apportioned. An amount that is not obligated at the end 

of that period shall be reapportioned among the States for the next 

fiscal year.¿ 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) RECIPIENT.—The term ‘‘recipient’’ means a State that receives a Federal transit program grant directly from the Government. 

719 

(2) SUBRECIPIENT.—The term ‘‘subrecipient’’ means a State or 

local governmental authority, nonprofit organization, or operator of public transportation services that receives a Federal 

transit program grant indirectly through a recipient. 

(b) GENERAL AUTHORITY.— 

(1) GRANTS.—Except as provided in paragraph (2), the Secretary may make grants to other than urbanized areas under 

this section for the following: 

(A) Public transportation capital projects. 

(B) Operating costs of equipment and facilities for use in 

public transportation. 

(C) Acquisition of public transportation services, including service agreements with private providers of public 

transportation services. 

(2) STATE PROGRAM.— 

(A) IN GENERAL.—Amounts made available to carry out 

this section shall be used for projects included in a State 

program for public transportation projects, including service agreements with private providers of public transportation. 

(B) SUBMISSION.—The program shall be submitted annually to the Secretary for approval. 

(C) APPROVAL.—The Secretary may approve the program 

only if the Secretary finds that the program provides a fair 

distribution of amounts in the State, including Indian reservations, and the maximum feasible coordination of public 

transportation service assisted under this section with 

transportation service assisted by other Federal sources. 

(3) RURAL TRANSPORTATION ASSISTANCE PROGRAM.— 

(A) IN GENERAL.—The Secretary shall carry out a rural 

transportation assistance program in other than urbanized 

areas. 

(B) GRANTS AND CONTRACTS.—In carrying out this paragraph, the Secretary may use not more than 2 percent of 

the amount made available to carry out this section to 

make grants and contracts for transportation research, 

technical assistance, training, and related support services 

in other than urbanized areas. 

(C) PROJECTS OF A NATIONAL SCOPE.—Not more than 15 

percent of the amounts available under subparagraph (B) 

may be used by the Secretary to carry out projects of a national scope, with the remaining balance provided to the 

States. 

(c) APPORTIONMENTS.— 

(1) IN GENERAL.—The Secretary shall apportion amounts 

made available to carry out this section among the States in the 

ratio that— 

(A) the population of other than urbanized areas in each 

State, as shown by the most recent Government decennial 

census of population; bears to 

(B) the population of all other than urbanized areas in 

the United States, as shown by that census. 

(2) LOW DENSITY ADJUSTMENT.—In administering the apportionment formula under paragraph (1)— 

720 

(A) in the case of a State with a population density of 10 

or fewer persons per square mile in other than urbanized 

areas of the State, the Secretary shall multiply by a factor 

of 1.5 the population of such other than urbanized areas 

(as determined using the most recent decennial United 

States Census); and 

(B) in the case of a State with a population density of 

more than 10 but equal to or fewer than 12 persons per 

square mile in other than urbanized areas of the State, the 

Secretary shall multiply by a factor of 1.25 the population 

of such other than urbanized areas (as determined using 

the most recent decennial United States Census). 

(3) AVAILABILITY.—The amount apportioned to a State under 

this subsection may be obligated by the State for 2 fiscal years 

after the fiscal year in which the amount is apportioned. An 

amount that is not obligated at the end of that period shall be 

reapportioned among the States for the next fiscal year. 

* * * * * * * 

(e) USE FOR ADMINISTRATION, PLANNING, AND TECHNICAL ASSIST- ANCE.—ø(1)¿ The Secretary of Transportation may allow a State to 

use not more than 15 percent of the amount apportioned under this 

section to administer this section and provide technical assistance 

to a ørecipient¿ subrecipient, including project planning, program 

and management development, coordination of ømass¿ public 

transportation programs, and research the State considers appropriate to promote effective delivery of ømass¿ public transportation 

to an area other than an urbanized area. 

ø(2) Except as provided in this section, a State carrying out a 

program of operating assistance under this section may not limit 

the level or extent of use of the Government grant for the payment 

of operating expenses.¿ 

(f) INTERCITY BUS TRANSPORTATION.—(1) A State shall expend at 

least 15 percent of the amount made available in each fiscal year 

øafter September 30, 1993,¿ to carry out a program to develop and 

support intercity bus transportation. Eligible activities under the 

program include— 

(A) * * * 

* * * * * * * 

(E) coordinating rural connections between small ømass¿ 

public transportation operations and intercity bus carriers. 

(2) øA State¿ After consultation with affected intercity bus service 

providers, a State does not have to comply with paragraph (1) of 

this subsection in a fiscal year in which the chief executive officer 

of the State certifies to the Secretary of Transportation that the 

intercity bus service needs of the State are being met adequately. 

ø(g) GOVERNMENT’S SHARE OF COSTS.—(1) In this subsection, 

‘‘amounts of the Government or revenues’’ do not include amounts 

received under a service agreement with a State or local social 

service agency or a private social service organization. 

ø(2) A grant of the Government for a capital project under this 

section may not be more than 80 percent of the net cost of the 

project, as determined by the Secretary of Transportation. A grant 

to pay a subsidy for operating expenses may not be more than 50 

percent of the net cost of the operating expense project. At least 50 

721 

percent of the remainder shall be provided in cash from sources 

other than amounts of the Government or revenues from providing 

mass transportation. Transit system amounts that make up the remainder shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. 

ø(h) AMOUNTS FOR OPERATING ASSISTANCE.—An amount made 

available under this section may be used for operating assistance.¿ 

(g) GOVERNMENT’S SHARE OF COSTS.— (1) CAPITAL PROJECTS.—A grant for a capital project under 

this section shall be for 80 percent of the net capital costs of the 

project, as determined by the Secretary; except that in the case 

of a State described in section 120(b)(1) of title 23, such percentage shall be increased in accordance with such section. 

(2) OPERATING ASSISTANCE.—A grant made under this section 

for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. 

(3) REMAINDER.—The remainder of net project costs— 

(A) may be provided from an undistributed cash surplus, 

a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or 

a private social service organization, or new capital; and 

(B) may be derived from amounts appropriated to or 

made available to a department or agency of the Government (other than the Department of Transportation) that 

are eligible to be expended for transportation. 

(4) USE OF CERTAIN FUNDS.—For purposes of paragraph 

(3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security 

Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or 

State funds to be used for transportation purposes. 

(5) LIMITATION ON OPERATING ASSISTANCE.—A State carrying 

out a program of operating assistance under this section may 

not limit the level or extent of use of the Government grant for 

the payment of operating expenses. 

ø(i)¿ (h) TRANSFER OF FACILITIES AND EQUIPMENT.—With the 

consent of the recipient currently having a facility or equipment acquired with assistance under this section, a State may transfer the 

facility or equipment to any recipient eligible to receive assistance 

under this chapter if the facility or equipment will continue to be 

used as required under this section. 

ø(j)¿ (i) RELATIONSHIP TO OTHER LAWS.—(1) Sections 

5323(a)(1)(D) and 5333(b) of this title apply to this section but the 

Secretary of Labor may waive the application of section 5333(b). 

* * * * * * * 

ø§ 5312. Research, development, demonstration, and training projects¿ 

§ 5312. Research, development, demonstration, and deployment projects 

(a) RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS.— The Secretary of Transportation ø(or the Secretary of Housing and 

Urban Development when required by section 5334(i) of this title)¿ 

may undertake, or make grants øor contracts¿, contracts, cooperative agreements, or other transactions (including agreements with 

722 

departments, agencies, and instrumentalities of the United States 

Government) for, research, development, øand demonstration 

projects¿, demonstration or deployment projects, or evaluation of 

technology of national significance related to øurban mass¿ public 

transportation that the Secretary decides will øhelp reduce urban 

transportation needs, improve mass transportation service,¿ improve transportation service or help ømass¿ public transportation 

service meet the total øurban¿ transportation needs at a minimum 

cost. The Secretary may request and receive appropriate information from any source. This subsection does not limit the authority 

of the Secretary under another law. 

ø(b) RESEARCH, INVESTIGATIONS, AND TRAINING.—(1) The Secretary of Transportation (or the Secretary of Housing and Urban 

Development when required by section 5334(i) of this title) may 

make grants to nonprofit institutions of higher learning— 

ø(A) to conduct competent research and investigations into 

the theoretical or practical problems of urban transportation; 

and 

ø(B) to train individuals to conduct further research or obtain employment in an organization that plans, builds, operates, or manages an urban transportation system. 

ø(2) Research and investigations under this subsection include— 

ø(A) the design and use of urban mass transportation systems and urban roads and highways; 

ø(B) the interrelationship between various modes of urban 

and interurban transportation; 

ø(C) the role of transportation planning in overall urban 

planning; 

ø(D) public preferences in transportation; 

ø(E) the economic allocation of transportation resources; and 

ø(F) the legal, financial, engineering, and esthetic aspects of 

urban transportation. 

ø(3) When making a grant under this subsection, the appropriate 

Secretary shall give preference to an institution that brings together knowledge and expertise in the various social science and 

technical disciplines related to urban transportation problems. 

ø(c) TRAINING FELLOWSHIPS AND INNOVATIVE TECHNIQUES AND

METHODS.—(1) The Secretary of Transportation may make grants 

to States, local governmental authorities, and operators of mass 

transportation systems to provide fellowships to train personnel 

employed in managerial, technical, and professional positions in 

the mass transportation field. 

ø(2) The Secretary of Transportation may make grants to State 

and local governmental authorities for projects that will use innovative techniques and methods in managing and providing mass 

transportation. 

ø(3) A fellowship under this subsection may be for not more than 

one year of training in an institution that offers a program applicable to the mass transportation industry. The recipient of the grant 

shall select an individual on the basis of demonstrated ability and 

for the contribution the individual reasonably can be expected to 

make to an efficient mass transportation operation. A grant for a 

fellowship may not be more than the lesser of $24,000 or 75 percent of— 

ø(A) tuition and other charges to the fellowship recipient; 

723 

ø(B) additional costs incurred by the training institution and 

billed to the grant recipient; and 

ø(C) the regular salary of the fellowship recipient for the period of the fellowship to the extent the salary is actually paid 

or reimbursed by the grant recipient.¿ 

ø(d)¿ (b) JOINT PARTNERSHIP PROGRAM FOR DEPLOYMENT OF IN- NOVATION.— (1) DEFINITION OF CONSORTIUM.—In this subsection, the term 

‘‘consortium’’— 

(A) means 1 or more public or private organizations located in the United States that provide ømass¿ public 

transportation service to the public and 1 or more businesses, including small- and medium-sized businesses, incorporated in a State, offering goods or services or willing 

to offer goods and services to ømass¿ public transportation 

operators; and 

(B) may include, as additional members, public or private research organizations located in the United States, 

or State or local governmental authorities. 

(2) GENERAL AUTHORITY.—The Secretary may, under terms 

and conditions that the Secretary prescribes, enter into grants, 

contracts, cooperative agreements, and øother agreements¿ 

other transactions with consortia selected in accordance with 

paragraph (4), to promote the early deployment of innovation 

in ømass¿ public transportation services, management, operational practices, or technology that has broad applicability. 

This paragraph shall be carried out in consultation with the 

transit industry by competitively selected consortia that will 

share costs, risks, and rewards of early deployment of innovation. 

* * * * * * * 

ø(e)¿ (c) INTERNATIONAL MASS TRANSPORTATION PROGRAM.— (1) ACTIVITIES.—The Secretary is authorized to engage in activities to inform the United States domestic ømass¿ public 

transportation community about technological innovations 

available in the international marketplace and activities that 

may afford domestic businesses the opportunity to become 

globally competitive in the export of ømass¿ public transportation products and services. Such activities may include— 

(A) development, monitoring, assessment, and dissemination domestically of information about worldwide 

ømass¿ public transportation market opportunities; 

(B) cooperation with foreign public sector entities in research, development, demonstration, training, and other 

forms of technology transfer and exchange of experts and 

information; 

(C) advocacy, in international ømass¿ public transportation markets, of firms, products, and services available 

from the United States; 

(D) informing the international market about the technical quality of ømass¿ public transportation products and 

services through participation in seminars, expositions, 

and similar activities; and 

(E) offering those Federal Transit Administration technical services which cannot be readily obtained from the 

724 

United States private sector to foreign public authorities 

planning or undertaking ømass¿ public transportation 

projects if the cost of these services will be recovered under 

the terms of each project. 

(2) COOPERATION.—The Secretary may carry out activities 

under this subsection in cooperation with other Federal agencies, State or local agencies, øpublic and¿ public or private 

nonprofit institutions, government laboratories, foreign governments, or any other organization the Secretary determines is 

appropriate. 

* * * * * * * 

ø§ 5313. State planning and research programs¿ 

§ 5313. Cooperative research program 

(a) COOPERATIVE RESEARCH PROGRAM.—ø(1) The amounts made 

available under paragraphs (1) and (2)(C)(ii) of section 5338(d) of 

this title¿ The amounts made available under paragraphs (1)(C)(iv) 

and (2)(C) of section 5338(d) are available for a ømass¿ public 

transportation cooperative research program. The Secretary of 

Transportation shall establish an independent governing board for 

the program. The board shall recommend ømass¿ public transportation research, development, and technology transfer activities the 

Secretary considers appropriate. 

ø(2) The¿ (b) FEDERAL ASSISTANCE.—The Secretary may make 

grants to, and cooperative agreements with, the National Academy 

of Sciences to carry out activities under this subsection that the 

Secretary decides are appropriate. 

ø(b) STATE PLANNING AND RESEARCH.—(1) The amounts made 

available under paragraphs (1) and (2)(C)(ii) of section 5338(c) of 

this title shall be apportioned to States for grants and contracts 

consistent with the purposes of sections 5303–5306, 5312, 5315, 

5317, and 5322 of this title. The amounts shall be apportioned so 

that each State receives an amount equal to the population in urbanized areas in the State, divided by the population in urbanized 

areas in all States, as shown by the latest available decennial census. However, a State must receive at least .5 percent of the 

amount apportioned under this subsection. 

ø(2) A State, as the State considers appropriate, may authorize 

part of the amount made available under this subsection to be used 

to supplement amounts available under subsection (a) of this section. 

ø(3) An amount apportioned under this subsection— 

ø(A) remains available for 3 years after the fiscal year in 

which the amount is apportioned; and 

ø(B) that is unobligated at the end of the 3-year period shall 

be reapportioned among the States for the next fiscal year.¿ 

(c) GOVERNMENT’S SHARE.—When there would be a clear and direct financial benefit to an entity under a grant or contract financed under øsubsection (a) of¿ this section, the Secretary shall 

establish a United States Government share consistent with the 

benefit. 

725 

ø§ 5314. National planning and research programs¿ 

§ 5314. National research and technology programs 

(a) PROGRAM.—(1) The amounts made available under øsubsections (d) and (h)(7) of section 5338 of this title¿ section 5338(d) 

are available to the Secretary of Transportation for grants øand 

contracts¿, contracts, cooperative agreements, or other transactions 

for the purposes of sections ø5303–5306,¿ 5312, 5315, ø5317,¿ and 

5322 of this title, as the Secretary considers appropriate. 

(2) øOf the amounts made available under paragraph (1) of this subsection, the Secretary shall make available at least $3,000,000 

to¿ The Secretary shall provide ømass¿ public transportation-related technical assistance, demonstration programs, research, public education, and other activities the Secretary considers appropriate to help ømass¿ public transportation providers comply with 

the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 

seq.). To the extent practicable, the Secretary shall carry out this 

paragraph through a contract with a national nonprofit organization serving individuals with disabilities that has a demonstrated 

capacity to carry out the activities. 

* * * * * * * 

(4)(A) The Secretary may undertake a program of ømass¿ public 

transportation technology development in coordination with affected entities. 

ø(B) The Secretary shall establish an Industry Technical Panel 

composed of representatives of transportation suppliers and operators and others involved in technology development. A majority of 

the Panel members shall represent the supply industry. The Panel 

shall assist the Secretary in identifying priority technology development areas and in establishing guidelines for project development, 

project cost sharing, and project execution.¿ 

ø(C)¿ (B) The Secretary shall develop guidelines for cost sharing 

in technology development projects financed under this paragraph. 

The guidelines shall be flexible and reflect the extent of technical 

risk, market risk, and anticipated supplier benefits and payback 

periods. 

* * * * * * * 

(b) GOVERNMENT’S SHARE.—When there would be a clear and direct financial benefit to an entity under a grant øor contract financed under subsection (a) of this section,¿, contract, cooperative 

agreement, or other transaction under subsection (a) or section 5312, 

the Secretary shall establish a United States Government share 

consistent with the benefit. 

§ 5315. National transit institute 

(a) ESTABLISHMENT AND DUTIES.—The Secretary of Transportation shall make grants to Rutgers University to establish a national transit institute. In cooperation with the Federal Transit Administration, State transportation departments, public ømass¿ 

transportation authorities, and national and international entities, 

the institute shall develop and conduct training programs of instruction for United States Government, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid mass transportation 

726 

work. The programs may include courses in recent developments, 

techniques, and procedures related to— 

(1) * * * 

* * * * * * * 

(d) AVAILABILITY OF AMOUNTS.—Not more than .5 percent of the 

amounts made available for a fiscal year beginning after September 30, 1991, to a State or public ømass¿ transportation authority in the State to carry out sections 5307 and 5309 of this title is 

available for expenditure by the State and public ømass¿ transportation authorities in the State, with the approval of the Secretary, 

to pay not more than 80 percent of the cost of tuition and direct 

educational expenses related to educating and training State and 

local transportation employees under this section. 

§ 5316. Job access and reverse commute formula grants 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) ACCESS TO JOBS PROJECT.—The term ‘‘access to jobs 

project’’ means a project relating to the development and maintenance of transportation services designed to transport welfare 

recipients and eligible low-income individuals to and from jobs 

and activities related to their employment, including— 

(A) transportation projects to finance planning, capital, 

and operating costs of providing access to jobs under this 

chapter; 

(B) promoting public transportation by low-income workers, including the use of public transportation by workers 

with nontraditional work schedules; 

(C) promoting the use of transit vouchers for welfare recipients and eligible low-income individuals; and 

(D) promoting the use of employer-provided transportation, including the transit pass benefit program under 

section 132 of the Internal Revenue Code of 1986. 

(2) ELIGIBLE LOW-INCOME INDIVIDUAL.—The term ‘‘eligible 

low-income individual’’ means an individual whose family income is at or below 150 percent of the poverty line (as that term 

is defined in section 673(2) of the Community Services Block 

Grant Act (42 U.S.C. 9902(2)), including any revision required 

by that section) for a family of the size involved. 

(3) RECIPIENT.—The term ‘‘recipient’’ means a designated recipient (as defined in section 5307(a)(2)) and a State that receives a grant under this section directly. 

(4) REVERSE COMMUTE PROJECT.—The term ‘‘reverse commute 

project’’ means a public transportation project designed to 

transport residents of urbanized areas and other than urbanized areas to suburban employment opportunities, including 

any projects to— 

(A) subsidize the costs associated with adding reverse 

commute bus, train, carpool, van routes, or service from urbanized areas and other than urbanized areas to suburban 

workplaces; 

(B) subsidize the purchase or lease by a nonprofit organization or public agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace; or 

727 

(C) otherwise facilitate the provision of public transportation services to suburban employment opportunities. 

(5) SUBRECIPIENT.—The term ‘‘subrecipient’’ means a State or 

local governmental authority, nonprofit organization, or operator of public transportation services that receives a grant 

under this section indirectly through a recipient. 

(6) WELFARE RECIPIENT.—The term ‘‘welfare recipient’’ means 

an individual who has received assistance under a State or 

tribal program funded under part A of title IV of the Social Security Act at any time during the 3-year period before the date 

on which the applicant applies for a grant under this section. 

(b) GENERAL AUTHORITY.— 

(1) GRANTS.—The Secretary may make grants under this section to a recipient for access to jobs and reverse commute 

projects carried out by the recipient or a subrecipient. 

(2) ADMINISTRATIVE EXPENSES.—A recipient may use not 

more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section. 

(c) APPORTIONMENTS.— 

(1) FORMULA.—The Secretary shall apportion amounts made 

available to carry out this section as follows: 

(A) 60 percent of the funds shall be apportioned among 

designated recipients (as defined in section 5307(a)(2)) for 

urbanized areas with a population of 200,000 or more in 

the ratio that— 

(i) the number of eligible low-income individuals and 

welfare recipients in each such urbanized area; bears 

to 

(ii) the number of eligible low-income individuals 

and welfare recipients in all such urbanized areas. 

(B) 20 percent of the funds shall be apportioned among 

the States in the ratio that— 

(i) the number of eligible low-income individuals and 

welfare recipients in urbanized areas with a population 

of less than 200,000 in each State; bears to 

(ii) the number of eligible low-income individuals 

and welfare recipients in urbanized areas with a population of less than 200,000 in all States. 

(C) 20 percent of the funds shall be apportioned among 

the States in the ratio that— 

(i) the number of eligible low-income individuals and 

welfare recipients in other than urbanized areas in 

each State; bears to 

(ii) the number of eligible low-income individuals 

and welfare recipients in other than urbanized areas in 

all States. 

(2) USE OF APPORTIONED FUNDS.—Except as provided in 

paragraph (3)— 

(A) funds apportioned under paragraph (1)(A) shall be 

used for projects serving urbanized areas with a population 

of 200,000 or more; 

(B) funds apportioned under paragraph (1)(B) shall be 

used for projects serving urbanized areas with a population 

of less than 200,000; and 

728 

(C) funds apportioned under paragraph (1)(C) shall be 

used for projects serving other than urbanized areas. 

(3) EXCEPTIONS.—A State may use funds apportioned under 

paragraphs (1)(B) and (1)(C)— 

(A) for projects serving areas other than the area specified in paragraph (2)(B) or (2)(C), as the case may be, if the 

Governor of the State certifies that all of the objectives of 

this section are being met in the specified area; or 

(B) for projects anywhere in the State if the State has established a statewide program for meeting the objectives of 

this section. 

(d) COMPETITIVE PROCESS FOR GRANTS TO SUBRECIPIENTS.— 

(1) AREAWIDE SOLICITATIONS.—A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation 

with the appropriate metropolitan planning organization, an 

areawide solicitation for applications for grants to the recipient 

and subrecipients under this section. 

(2) STATEWIDE SOLICITATION.—A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a 

statewide solicitation for applications for grants to the recipient 

and subrecipients under this section. 

(3) APPLICATION.—Recipients and subrecipients seeking to receive a grant from funds apportioned under subsection (c) shall 

submit to the recipient an application in the form and in accordance with such requirements as the recipient shall establish. 

(4) GRANT AWARDS.—The recipient shall award grants under 

paragraphs (1) and (2) on a competitive basis. 

(e) TRANSFERS.— 

(1) IN GENERAL.—A State may transfer any funds apportioned to it under subsection (c)(1)(B) or (c)(1)(C), or both, to an 

apportionment under section 5311(c) or 5336, or both. 

(2) LIMITED TO ELIGIBLE PROJECTS.—Any apportionment 

transferred under this subsection shall be made available only 

for eligible job access and reverse commute projects as described 

in this section. 

(3) CONSULTATION.—A State may make a transfer of an 

amount under this subsection only after consulting with responsible local officials and publicly owned operators of public 

transportation in each area for which the amount originally 

was awarded under subsection (d)(4). 

(f) GRANT REQUIREMENTS.— 

(1) IN GENERAL.—A grant under this section shall be subject 

to the requirements of section 5307. 

(2) FAIR AND EQUITABLE DISTRIBUTION.—A recipient of a 

grant under this section shall certify to the Secretary that allocations of the grant to subrecipients are distributed on a fair 

and equitable basis. 

(g) COORDINATION.— (1) IN GENERAL.—The Secretary shall coordinate activities 

under this section with related activities under programs of 

other Federal departments and agencies. 

(2) WITH NONPROFIT PROVIDERS.—A State that transfers 

funds to an apportionment under section 5336 pursuant to subsection (e) shall certify to the Secretary that any project for 

729 

which the funds are requested under this section has been coordinated with nonprofit providers of services. 

(3) PROJECT SELECTION AND PLANNING.—A recipient of funds 

under this section shall certify to the Secretary that— 

(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and 

(B) the plan was developed through a process that included representatives of public, private, and nonprofit 

transportation and human services providers and participation by the public. 

(h) GOVERNMENT’S SHARE OF COSTS.— 

(1) CAPITAL PROJECTS.—A grant for a capital project under 

this section may not exceed 80 percent of the net capital costs 

of the project, as determined by the Secretary. 

(2) OPERATING ASSISTANCE.—A grant made under this section 

for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. 

(3) REMAINDER.—The remainder of the net project costs— 

(A) may be provided from an undistributed cash surplus, 

a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or 

a private social service organization, or new capital; and 

(B) may be derived from amounts appropriated to or 

made available to a department or agency of the Government (other than the Department of Transportation) that 

are eligible to be expended for transportation. 

(4) USE OF CERTAIN FUNDS.—For purposes of paragraph 

(3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security 

Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or 

State funds to be used for transportation purposes. 

(5) LIMITATION ON OPERATING ASSISTANCE.—A recipient carrying out a program of operating assistance under this section 

may not limit the level or extent of use of the Government grant 

for the payment of operating expenses. 

(i) PROGRAM EVALUATION.— 

(1) COMPTROLLER GENERAL.—Beginning 1 year after the date 

of enactment of the Federal Public Transportation Act of 2005, 

and every 2 years thereafter, the Comptroller General shall— 

(A) conduct a study to evaluate the grant program authorized by this section; and 

(B) transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the study under subparagraph (A). 

(2) DEPARTMENT OF TRANSPORTATION.—Not later than 3 

years after the date of enactment of Federal Public Transportation Act of 2005, the Secretary shall— 

(A) conduct a study to evaluate the effectiveness of the 

grant program authorized by this section and the effectiveness of recipients making grants to subrecipients under this 

section; and 

730 

(B) transmit to the committees referred to in paragraph 

(1)(B) a report describing the results of the study under 

subparagraph (A). 

§ 5317. New Freedom program 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) RECIPIENT.—The term ‘‘recipient’’ means a designated recipient (as defined in section 5307(a)(2)) and a State that receives a grant under this section directly. 

(2) SUBRECIPIENT.—The term ‘‘subrecipient’’ means a State or 

local governmental authority, nonprofit organization, or operator of public transportation services that receives a grant 

under this section indirectly through a recipient. 

(b) GENERAL AUTHORITY.— 

(1) GRANTS.—The Secretary may make grants under this section to a recipient for new public transportation services and 

public transportation alternatives beyond those required by the 

Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 

seq.) that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services. 

(2) ADMINISTRATIVE EXPENSES.—A recipient may use not 

more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section. 

(c) APPORTIONMENTS.— (1) FORMULA.—The Secretary shall apportion amounts made 

available to carry out this section as follows: 

(A) 60 percent of the funds shall be apportioned among 

designated recipients (as defined in section 5307(a)(2)) for 

urbanized areas with a population of 200,000 or more in 

the ratio that— 

(i) the number of individuals with disabilities in 

each such urbanized area; bears to 

(ii) the number of individuals with disabilities in all 

such urbanized areas. 

(B) 20 percent of the funds shall be apportioned among 

the States in the ratio that— 

(i) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 

in each State; bears to 

(ii) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 

in all States. 

(C) 20 percent of the funds shall be apportioned among 

the States in the ratio that— 

(i) the number of individuals with disabilities in 

other than urbanized areas in each State; bears to 

(ii) the number of individuals with disabilities in 

other than urbanized areas in all States. 

(2) USE OF APPORTIONED FUNDS.—Except as provided in 

paragraph (3)— 

(A) funds apportioned under paragraph (1)(A) shall be 

used for projects serving urbanized areas with a population 

of 200,000 or more; 

731 

(B) funds apportioned under paragraph (1)(B) shall be 

used for projects serving urbanized areas with a population 

of less than 200,000; and 

(C) funds apportioned under paragraph (1)(C) shall be 

used for projects serving other than urbanized areas. 

(3) LOW DENSITY ADJUSTMENT.— 

(A) SMALLER URBANIZED AREAS.—In administering the 

apportionment formula under paragraph (1)(B)— 

(i) in the case of a State with a population density 

of 10 or fewer persons per square mile in other than urbanized areas of the State, the Secretary shall multiply 

by a factor of 2 the number of individuals with disabilities in urbanized areas of the State with a population 

of less than 200,000 (as determined using the most recent decennial United States Census); and 

(ii) in the case of a State with a population density 

of more than 10 but equal to or fewer than 30 persons 

per square mile, the Secretary shall multiply by a factor of 1.25 the number of individuals with disabilities 

in urbanized areas of the State with a population of 

less than 200,000 (as determined using the most recent 

decennial United States Census). 

(B) OTHER THAN URBANIZED AREAS.—In administering 

the apportionment formula under paragraph (1)(C)— 

(i) in the case of a State with a population density 

of 10 or fewer persons per square mile in other than urbanized areas of the State, the Secretary shall multiply 

by a factor of 1.5 the number of individuals with disabilities in other than urbanized areas of the State (as 

determined using the most recent decennial United 

States Census); and 

(ii) in the case of a State with a population density 

of more than 10 but equal to or fewer than 12 persons 

per square mile in other than urbanized areas of the 

State, the Secretary shall multiply by a factor of 1.25 

the number of individuals with disabilities in other 

than urbanized areas of the State (as determined using 

the most recent decennial United States Census). 

(4) TRANSFERS.— 

(A) IN GENERAL.—A State may transfer any funds apportioned to it under paragraph (1)(B) or (1)(C), or both, to an 

apportionment under section 5311(c) or 5336, or both. 

(B) LIMITED TO ELIGIBLE PROJECTS.—Any funds transferred pursuant to this paragraph shall be made available 

only for eligible projects selected under this section. 

(C) CONSULTATION.—A State may make a transfer of an 

amount under this subsection only after consulting with responsible local officials and publicly owned operators of 

public transportation in each area for which the amount 

originally was awarded under subsection (d)(4). 

(d) COMPETITIVE PROCESS FOR GRANTS TO SUBRECIPIENTS.— 

(1) AREAWIDE SOLICITATIONS.—A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation 

with the appropriate metropolitan planning organization, an 

732 

areawide solicitation for applications for grants to the recipient 

and subrecipients under this section. 

(2) STATEWIDE SOLICITATION.—A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a 

statewide solicitation for applications for grants to the recipient 

and subrecipients under this section. 

(3) APPLICATION.—Recipients and subrecipients seeking to receive a grant from funds apportioned under subsection (c) shall 

submit to the recipient an application in the form and in accordance with such requirements as the recipient shall establish. 

(4) GRANT AWARDS.—The recipient shall award grants under 

paragraphs (1) and (2) on a competitive basis. 

(e) GRANT REQUIREMENTS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), a 

grant under this section shall be subject to all the requirements 

of section 5307. 

(2) EMPLOYEE PROTECTIVE ARRANGEMENTS.—Section 5333(b) 

shall apply to grants under this section, except that the Secretary of Labor shall utilize, for urbanized areas with a population of less than 200,000 and for other than urbanized areas, 

a special warranty described in section 215.7 of title 29, Code 

of Federal Regulations (as in effect on the date of enactment of 

the Federal Public Transportation Act of 2005), that provides a 

fair and equitable arrangement to protect the interest of employees. 

(3) FAIR AND EQUITABLE DISTRIBUTION.—A recipient of a 

grant under this section shall certify that allocations of the 

grant to subrecipients are distributed on a fair and equitable 

basis. 

(f) COORDINATION.— 

(1) IN GENERAL.—The Secretary shall coordinate activities 

under this section with related activities under programs of 

other Federal departments and agencies. 

(2) WITH NONPROFIT PROVIDERS.—A recipient that transfers 

funds to an apportionment under section 5336 pursuant to subsection (c)(2) shall certify that the project for which the funds 

are requested under this section has been coordinated with nonprofit providers of services. 

(3) PROJECT SELECTION AND PLANNING.—Beginning in fiscal 

year 2007, a recipient of funds under this section shall certify 

that— 

(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and 

(B) the plan was developed through a process that included representatives of public, private, and nonprofit 

transportation and human services providers and participation by the public. 

(g) GOVERNMENT’S SHARE OF COSTS.— 

(1) CAPITAL PROJECTS.—A grant for a capital project under 

this section may not exceed 80 percent of the net capital costs 

of the project, as determined by the Secretary. 

733 

(2) OPERATING ASSISTANCE.—A grant made under this section 

for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. 

(3) REMAINDER.—The remainder of the net project costs— 

(A) may be provided from an undistributed cash surplus, 

a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or 

a private social service organization, or new capital; and 

(B) may be derived from amounts appropriated to or 

made available to a department or agency of the Government (other than the Department of Transportation) that 

are eligible to be expended for transportation. 

(4) USE OF CERTAIN FUNDS.—For purposes of paragraph 

(3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security 

Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or 

State funds to be used for transportation purposes. 

(5) LIMITATION ON OPERATING ASSISTANCE.—A recipient carrying out a program of operating assistance under this section 

may not limit the level or extent of use of the Government grant 

for the payment of operating expenses. 

§ 5318. Bus testing facility 

ø(a) ESTABLISHMENT.—The Secretary of Transportation shall establish one facility for testing a new bus model for maintainability, 

reliability, safety, performance (including braking performance), 

structural integrity, fuel economy, emissions, and noise. The facility shall be established by renovating a facility built with assistance of the United States Government to train rail personnel.¿ 

(a) FACILITY.—The Secretary of Transportation shall maintain 

one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise. 

(b) OPERATION AND MAINTENANCE.—The Secretary shall enter 

into a contract or cooperative agreement with, or make a grant to, 

a qualified person or organization to operate and maintain the facility. The contract, cooperative agreement, or grant may provide 

for the testing of rail cars and other ømass¿ public transportation 

vehicles at the facility. 

* * * * * * * 

(d) AVAILABILITY OF AMOUNTS TO PAY FOR TESTING.—The Secretary shall enter into a contract or cooperative agreement with, or 

make a grant to, the operator of the facility under which the Secretary shall pay 80 percent of the cost of testing a vehicle at the 

facility from amounts available øunder section 5309(m)(1)(C) of this 

title¿ to carry out this section. The entity having the vehicle tested 

shall pay 20 percent of the cost. 

ø(e) REVOLVING LOAN FUND.—The Secretary has a bus testing 

revolving loan fund consisting of amounts authorized for the fund 

under section 317(b)(5) of the Surface Transportation and Uniform 

Relocation Assistance Act of 1987. The Secretary shall make available as repayable advances from the fund to the person operating 

and maintaining the facility amounts to operate and maintain the 

facility.¿ 

734 

(e) ACQUIRING NEW BUS MODELS.—Amounts appropriated or 

made available under this chapter may be obligated or expended to 

acquire a new bus model only if a bus of that model has been tested 

at the facility maintained by the Secretary under subsection (a). 

§ 5319. Bicycle facilities 

A project to provide access for bicycles to ømass¿ public transportation facilities, to provide shelters and parking facilities for bicycles in or around ømass¿ public transportation facilities, or to install equipment for transporting bicycles on ømass¿ public transportation vehicles is a capital project eligible for assistance under 

sections 5307, 5309, øand 5311¿ 5311, and 5320 of this title. Notwithstanding sections 5307(e), ø5309(h),¿ 5309(g), and 5311(g) of 

this title, a grant of the United States Government under this 

chapter for a project made eligible by this section is for 90 percent 

of the cost of the project, except that, if the grant or any portion 

of the grant is made with funds required to be expended under section 5307(k) and the project involves providing bicycle access to 

ømass¿ public transportation, that grant or portion of that grant 

shall be at a Federal share of 95 percent. 

ø§ 5320. Suspended light rail system technology pilot project 

ø(a) PURPOSE.—The purpose of this section is to provide for the 

construction by a public entity of a suspended light rail system 

technology pilot project— 

ø(1) to assess the state of new technology for a suspended 

light rail system; and 

ø(2) to establish the feasibility, costs, and benefits of using 

the system to transport passengers. 

ø(b) GENERAL REQUIREMENTS.—The project shall— 

ø(1) use new rail technology with individual vehicles on a 

prefabricated elevated steel guideway; 

ø(2) be stability-seeking with a center of gravity for the detachable passenger vehicles located below the point of wheelrail contact; and 

ø(3) use vehicles that are driven by overhead bogies with 

high efficiency, low maintenance electric motors for each wheel, 

operating in a slightly sloped plane from vertical for the wheels 

and the running rails, to further increase stability, acceleration, and braking performance. 

ø(c) COMPETITION.—(1) The Secretary of Transportation shall 

conduct a national competition to select a public entity with which 

to make a full funding grant agreement to construct the project. 

Not later than April 16, 1992, the Secretary shall select 3 public 

entities to be finalists in the competition. In conducting the competition and selecting public entities, the Secretary shall consider— 

ø(A) the public entity’s demonstrated understanding and 

knowledge of the project and its technical, managerial, and financial capacity to construct, manage, and operate the project; 

and 

ø(B) maximizing potential contributions to the cost of the 

project by State, local, and private sector entities, including donation of in-kind services and materials. 

ø(2) The Secretary shall award a grant to each finalist to be used 

to participate in the final phase of the competition under proceVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00736 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
735 

dures the Secretary prescribes. A grant may not be more than 80 

percent of the cost of participating. A finalist may not receive more 

than one-third of the amount made available under subsection 

(h)(1)(A) of this section. 

ø(3) Not later than July 15, 1992, the Secretary shall select from 

among the 3 finalists a public entity with which to make a full 

funding grant agreement. 

ø(d) ENVIRONMENTAL IMPACT.—Not later than 270 days after a 

public entity is selected under subsection (c) of this section, the 

Secretary shall approve and publish in the Federal Register a notice announcing either a finding of no significant impact or a draft 

environmental impact statement for the project. The alternatives 

analysis for the project shall include a decision on whether to construct the project. If a draft statement is published, the Secretary, 

not later than 180 days after publication, shall approve and publish 

in the Federal Register a notice of completion of a final environmental impact statement. 

ø(e) FULL FUNDING GRANT AGREEMENT.—Not later than 60 days 

after carrying out the requirements of subsection (d) of this section, 

the Secretary shall make a full funding grant agreement under section 5309 of this title with the public entity selected under subsection (c) of this section to construct the project. The agreement 

shall provide that the system vendor for the project shall finance— 

ø(1) 100 percent of any deficit incurred in operating the 

project in the first 2 years of revenue operations of the project; 

and 

ø(2) 50 percent of any deficit incurred in operating the 

project in the 3d year of revenue operations of the project. 

ø(f) NOTICE TO PROCEED.—Not later than 30 days after making 

the full funding grant agreement, the Secretary shall issue a notice 

to proceed with construction. 

ø(g) OPTION NOT TO CONSTRUCT AND REAWARDING THE GRANT.— 

(1) Not later than 30 days after completing preliminary engineering 

and design, the selected public entity shall decide whether to proceed to constructing the project. If the entity decides not to proceed— 

ø(A) the Secretary shall not make the full funding grant 

agreement; 

ø(B) remaining amounts received shall be returned to the 

Secretary and credited to the Mass Transit Account of the 

Highway Trust Fund; and 

ø(C) the Secretary shall use the credited amount and other 

amounts to be provided under this section to award to another 

entity selected under subsection (c)(1) of this section a grant 

under section 5309 of this title to construct the project. 

ø(2) Not later than 60 days after a decision is made under paragraph (1) of this subsection, a grant shall be awarded under paragraph (1)(C) of this subsection after completing a competitive process for selecting the grant recipient. 

ø(h) FINANCING.—(1) The Secretary shall pay from amounts provided under section 5309 of this title the following: 

ø(A) at least $1,000,000 for the fiscal year ending September 

30, 1992, for grants under subsection (c)(2) of this section. 

ø(B) at least $4,000,000 for the fiscal year ending September 

30, 1993, for the United States Government share of the costs 

736 

(as determined under section 5309 of this title) if the systems 

planning, alternatives analysis, preliminary engineering, and 

design and environmental impact statement are required by 

law for the project. 

ø(C) at least $30,000,000 for the fiscal year ending September 30, 1994, as provided in the grant agreement under 

subsection (e) of this section, for the Government share of the 

construction costs of the project. 

ø(2) The grant agreement under subsection (e) of this section 

shall provide that for the 3d year of revenue operations of the 

project, the Secretary shall pay from amounts provided under this 

section the Government share of operating costs in an amount 

equal to the lesser of 50 percent of the deficit incurred in operating 

the project in that year or $300,000. 

ø(3) Amounts not expended under paragraph (1)(A) of this subsection are available for the Government share of costs described 

in paragraph (1)(B) and (C) of this subsection. 

ø(4) Amounts under paragraph (1)(B) and (C) of this subsection 

remain available until expended. 

ø(i) GOVERNMENT’S SHARE OF COSTS.—The Government share of 

the cost of constructing the project is 80 percent of the net cost of 

the project. 

ø(j) PROJECT NOT SUBJECT TO MAJOR CAPITAL INVESTMENT POL- ICY.—The project is not subject to the major capital investment policy of the Federal Transit Administration. 

ø(k) REPORT.—Not later than January 30, 1993, and each year 

after that date, the Secretary shall submit to Congress a report on 

the progress and results of the project.¿ 

§ 5320. Transit in the parks pilot program 

(a) PUBLIC TRANSPORTATION DEFINED.—In this section, the term 

‘‘public transportation’’ means general or special transportation to 

the public by a conveyance that is publicly or privately owned. Such 

term does not include schoolbus or charter transportation but does 

include sightseeing transportation. 

(b) ESTABLISHMENT.—Not later than 90 days after the date of enactment of the Federal Public Transportation Act of 2005, the Secretary of Transportation and the Secretary of the Interior shall enter 

into a memorandum of understanding to establish a transit in the 

parks pilot program in accordance with the requirements of this section. 

(c) PURPOSE.—The purpose of the pilot program shall be to encourage and promote the development of transportation systems described in section 5301(a) within units of the National Park System 

to improve visitor mobility and enjoyment (including visitors with 

disabilities), reduce pollution and congestion, and enhance resource 

protection through the use of public transportation. 

(d) ADMINISTRATION OF PROGRAM.—The program shall be administered by the Secretary of Transportation, in consultation with the 

Secretary of the Interior. 

(e) MEMORANDUM OF UNDERSTANDING.— (1) PLANNING.—The memorandum of understanding under 

subsection (b) shall include transportation planning procedures 

that are consistent with the metropolitan and statewide planning processes required under chapter 52. 

737 

(2) PROGRAMS.—The memorandum of understanding shall 

include descriptions of programs and activities eligible for assistance under the pilot program. 

(3) EXCEPTIONS.—The memorandum of understanding shall 

limit or modify the applicability of the provisions referred to in 

subsection (f) to the extent necessary to carry out the objectives 

of this section and to be compatible with the laws and regulations governing units of the National Park System. 

(f) ELIGIBLE USE OF FUNDS.—Except as provided under subsection (e)(3), the Secretary may provide funds made available to 

carry out this section to the Secretary of the Interior under interagency agreements for the following purposes: 

(1) PLANNING, ENGINEERING, DESIGN, AND EVALUATION.— 

Planning, engineering, design, and evaluation of public transportation projects in units of the National Park System, and for 

technical studies, in accordance with section 5305(b)(2). 

(2) PUBLIC TRANSPORTATION CAPITAL PROJECTS.—Public 

transportation capital projects (as defined in section 5302(a)(1)) 

for such units in accordance with all the terms and conditions 

to which a grant is made under subsections (a), (b), (c), and (d) 

of section 5307 and such other terms and conditions as are determined by the Secretary. The Secretary of the Interior shall 

act as the designated recipient for the purposes of subsection 

(a)(2) of section 5307. 

(3) OPERATING COSTS.—Operating costs of equipment and facilities used in public transportation for such units. 

(g) GOVERNMENT’S SHARE OF COSTS.— 

(1) CAPITAL PROJECTS.—The Government share of the cost of 

any capital project or activity under this section shall be 100 

percent of the costs of the project, as determined by the Secretary. 

(2) OPERATING ASSISTANCE.—A grant made under this section 

for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. 

(h) SAVINGS CLAUSE.—Nothing in this section shall be construed 

as superseding, amending, modifying, or repealing any provision of 

law applicable to units of the National Park System. 

§ 5321. Crime prevention and security 

The Secretary of Transportation may make capital grants from 

amounts available under section 5338 of this title to ømass¿ public 

transportation systems for crime prevention and security. This 

chapter does not prevent the financing of a project under this section when a local governmental authority other than the grant applicant has law enforcement responsibilities. 

§ 5322. Human resource programs 

(a) IN GENERAL.—The Secretary of Transportation may undertake, or make grants and contracts for, programs that address 

human resource needs as they apply to ømass¿ public transportation activities. A program may include— 

(1) an employment training program; 

(2) an outreach program to increase minority and female employment in ømass¿ public transportation activities; 

738 

(3) research on ømass¿ public transportation personnel and 

training needs; and 

(4) training and assistance for minority business opportunities. 

(b) GRANTS TO HIGHER LEARNING INSTITUTIONS.— (1) AUTHORITY TO MAKE GRANTS.—The Secretary may make 

grants to nonprofit institutions of higher learning— 

(A) to conduct research and investigations into the theoretical or practical problems of public transportation; and 

(B) to train individuals to conduct further research or obtain employment in an organization that plans, builds, operates, or manages a public transportation system. 

(2) RESEARCH AND INVESTIGATIONS.—Research and investigations under this subsection include— 

(A) the design and use of public transportation systems 

and public roads and highways; 

(B) the interrelationship between various modes of urban, 

suburban, rural, and intercity transportation; 

(C) the role of transportation planning in overall urban 

planning; 

(D) public preferences in transportation; 

(E) the economic allocation of transportation resources; 

and 

(F) the legal, financial, engineering, and esthetic aspects 

of public transportation. 

(3) PREFERENCE.—When making a grant under this subsection, the Secretary shall give preference to an institution that 

brings together knowledge and expertise in the various social 

science and technical disciplines related to public transportation problems. 

(c) FELLOWSHIPS.— (1) AUTHORITY TO MAKE GRANTS.—The Secretary may make 

grants to States, local governmental authorities, and operators 

of public transportation systems to provide fellowships to train 

personnel employed in managerial, technical, and professional 

positions in the public transportation field. 

(2) TERMS.— (A) PERIOD OF TRAINING.—A fellowship under this subsection may be for not more than one year of training in an 

institution that offers a program applicable to the public 

transportation industry. 

(B) SELECTION OF INDIVIDUALS.—The recipient of the 

grant shall select an individual on the basis of demonstrated ability and for the contribution the individual 

reasonably can be expected to make to an efficient public 

transportation operation. 

(C) AMOUNT.—A grant for a fellowship may not be more 

than the lesser of $65,000 or 75 percent of— 

(i) tuition and other charges to the fellowship recipient; 

(ii) additional costs incurred by the training institution and billed to the grant recipient; and 

(iii) the regular salary of the fellowship recipient for 

the period of the fellowship to the extent the salary is 

actually paid or reimbursed by the grant recipient. 

739 

§ 5323. General provisions on assistance 

(a) INTERESTS IN PROPERTY.—(1) Financial assistance provided 

under this chapter to a State or a local governmental authority 

may be used to acquire an interest in, or buy property of, a øprivate mass transportation company¿ private company engaged in 

public transportation, for a capital project for property acquired 

from a øprivate mass transportation company¿ private company engaged in public transportation after July 9, 1964, or to operate 

ømass transportation equipment or a mass transportation facility¿ 

a public transportation facility or equipment in competition with, or 

in addition to, transportation service provided by an existing ømass 

transportation company¿ public transportation company, only if— 

(A) the Secretary of Transportation finds the assistance is essential to a program of projects required under sections 5303– 

5306 of this title; 

(B) the Secretary of Transportation finds that the program, 

to the maximum extent feasible, provides for the participation 

of øprivate mass transportation companies¿ private companies 

engaged in public transportation; 

(C) just compensation under State or local law will be paid 

to the company for its franchise or property; and 

(D) the Secretary of Labor certifies that the assistance complies with section 5333(b) of this title. 

(2) A governmental authority may not use financial assistance of 

the United States Government to acquire land, equipment, or a facility used in ømass¿ public transportation from another governmental authority in the same geographic area. 

(b) NOTICE AND PUBLIC HEARING.—ø(1) An application¿ 

(1) APPLICATIONS.—An application for a grant øor loan¿ 

under this chapter for a capital project that will affect substantially a community, or the ømass¿ public transportation service 

of a community, must include a certificate of the applicant that 

the applicant has— 

(A) provided an adequate opportunity for a public hearing with adequate prior notice; 

(B) held that hearing unless no one with a significant 

economic, social, or environmental interest requested one; 

(C) considered the economic, social, and environmental 

effects of the project; and 

(D) found that the project is consistent with official 

plans for developing the urban area. 

ø(2) Notice of¿ 

(2) NOTICE.—Notice of a hearing under this subsection shall 

include a concise description of the proposed project and shall 

be published in a newspaper of general circulation in the geographic area the project will serve. If a hearing is held, a copy 

of the transcript of the hearing shall be submitted with the application. 

(3) ENVIRONMENTAL RECORD.—An applicant shall include in 

the environmental record for a project under this chapter evidence that the applicant has complied with the requirements of 

subparagraphs (A) through (D) of paragraph (1). 

ø(c) ACQUIRING NEW BUS MODELS.—Amounts appropriated or 

made available under this chapter after September 30, 1989, may 

be obligated or expended to acquire a new bus model only if a bus 

740 

of the model has been tested at the facility established under section 5318 of this title.¿ 

(d) CONDITION ON CHARTER BUS TRANSPORTATION SERVICE.—ø(1) 

Financial assistance¿ 

(1) AGREEMENTS.—Financial assistance under this chapter 

may be used to buy or operate a bus only if the applicant, governmental authority, or publicly owned operator that receives 

the assistance agrees that, except as provided in the agreement, the governmental authority or an operator of ømass¿ 

public transportation for the governmental authority will not 

provide charter bus transportation service outside the urban 

area in which it provides regularly scheduled ømass¿ public 

transportation service. An agreement shall provide for a fair 

arrangement the Secretary of Transportation considers appropriate to ensure that the assistance will not enable a governmental authority or an operator for a governmental authority 

to foreclose a private operator from providing intercity charter 

bus service if the private operator can provide the service. 

ø(2) On receiving a complaint about a violation of an agreement, 

the Secretary of Transportation shall investigate and decide whether a violation has occurred. If the Secretary decides that a violation 

has occurred, the Secretary shall correct the violation under terms 

of the agreement. In addition to a remedy specified in the agreement, the Secretary may bar a recipient under this subsection or 

an operator from receiving further assistance when the Secretary 

finds a continuing pattern of violations of the agreement.¿ 

(2) VIOLATIONS.— (A) INVESTIGATIONS.—On receiving a complaint about a 

violation of the agreement required under paragraph (1), 

the Secretary shall investigate and decide whether a violation has occurred. 

(B) ENFORCEMENT OF AGREEMENTS.—If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement. 

(C) ADDITIONAL REMEDIES.—In addition to any remedy 

specified in the agreement, the Secretary shall bar a recipient or an operator from receiving Federal transit assistance 

in an amount the Secretary considers appropriate if the 

Secretary finds a pattern of violations of the agreement. 

ø(e) BUS PASSENGER SEAT FUNCTIONAL SPECIFICATIONS.—The 

initial advertising by a State or local governmental authority for 

bids to acquire buses using financial assistance under this chapter 

may include passenger seat functional specifications that are at 

least equal to performance specifications the Secretary of Transportation prescribes. The specifications shall be based on a finding by 

the State or local governmental authority of local requirements for 

safety, comfort, maintenance, and life cycle costs.¿ 

(e) BOND PROCEEDS ELIGIBLE FOR LOCAL SHARE.— 

(1) USE AS LOCAL MATCHING FUNDS.—Notwithstanding any 

other provision of law, a recipient of assistance under section 

5307 or 5309 may use the proceeds from the issuance of revenue 

bonds as part of the local matching funds for a capital project. 

(2) MAINTENANCE OF EFFORT.—The Secretary shall approve 

of the use of the proceeds from the issuance of revenue bonds 

for the remainder of the net project cost only if the Secretary 

741 

finds that the aggregate amount of financial support for public 

transportation in the urbanized area provided by the State and 

affected local governmental authorities during the next 3 fiscal 

years, as programmed in the State transportation improvement 

program under chapter 52 is not less than the aggregate 

amount provided by the State and affected local governmental 

authorities in the urbanized area during the preceding 3 fiscal 

years. 

(3) DEBT SERVICE RESERVE.—The Secretary may reimburse an 

eligible recipient for deposits of bond proceeds in a debt service reserve that recipient established pursuant to section 5302(a)(1)(K) 

from amounts made available to the recipient under section 5307 or 

5309, or both; except that such reimbursement in a fiscal year may 

not exceed 10 percent of the amounts made available to the recipient 

under section 5307 in such fiscal year. 

(f) SCHOOLBUS TRANSPORTATION.—ø(1) Financial assistance¿ 

(1) AGREEMENTS.—Financial assistance under this chapter 

may be used for a capital project, or to operate ømass¿ public 

transportation equipment or a ømass¿ public transportation facility, only if the applicant agrees not to provide schoolbus 

transportation that exclusively transports students and school 

personnel in competition with a private schoolbus operator. 

This subsection does not apply— 

(A) to an applicant that operates a school system in the 

area to be served and a separate and exclusive schoolbus 

program for the school system; 

(B) unless a private schoolbus operator can provide adequate transportation that complies with applicable safety 

standards at reasonable rates; and 

(C) to a State or local governmental authority if it or a 

direct predecessor in interest from which it acquired the 

duty of transporting school children and personnel, and facilities to transport them, provided schoolbus transportation at any time after November 25, 1973, but before November 26, 1974. 

ø(2) An applicant violating an agreement under this subsection 

may not receive other financial assistance under this chapter.¿ 

(2) VIOLATIONS.—If the Secretary finds that an applicant, 

governmental authority, or publicly owned operator has violated the agreement required under paragraph (1), the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate. 

(g) BUYING BUSES UNDER OTHER LAWS.—Subsections (d) and (f) 

of this section apply to financial assistance to buy a bus under sections ø103(e)(4)¿ 133 and 142(a) or (c) of title 23. However, subsection (f)(1)(C) of this section applies to sections ø103(e)(4)¿ 133 

and 142(a) or (c) only if schoolbus transportation was provided at 

any time after August 12, 1972, but before August 13, 1973. 

* * * * * * * 

(j) BUY AMERICA.—(1) * * * 

* * * * * * * 

(3) WRITTEN JUSTIFICATION FOR PUBLIC INTEREST WAIVER.—When 

issuing a waiver based on a public interest determination under 

742 

paragraph (2)(A), the Secretary shall issue a detailed written justification as to why the waiver is in the public interest. The Secretary shall publish such justification in the Federal Register and 

provide the public with a reasonable period of time for notice and 

comment. 

ø(3)¿ (4) In this subsection, labor costs involved in final assembly 

are not included in calculating the cost of components. 

ø(4)¿ (5) The Secretary of Transportation may not make a waiver 

under paragraph (2) of this subsection for goods produced in a foreign country if the Secretary, in consultation with the United 

States Trade Representative, decides that the government of that 

foreign country— 

(A) has an agreement with the United States Government 

under which the Secretary has waived the requirement of this 

subsection; and 

(B) has violated the agreement by discriminating against 

goods to which this subsection applies that are produced in the 

United States and to which the agreement applies. 

ø(5)¿ (6) A person is ineligible under subpart 9.4 of chapter 1 of 

title 48, Code of Federal Regulations, to receive a contract or subcontract made with amounts authorized under the øIntermodal 

Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 

105 Stat. 1914)¿ Federal Public Transportation Act of 2004 if a 

court or department, agency, or instrumentality of the Government 

decides the person intentionally— 

(A) affixed a ‘‘Made in America’’ label, or a label with an inscription having the same meaning, to goods sold in or shipped 

to the United States that are used in a project to which this 

subsection applies but not produced in the United States; or 

(B) represented that goods described in clause (A) of this 

paragraph were produced in the United States. 

ø(6)¿ (7) The Secretary of Transportation may not impose any 

limitation on assistance provided under this chapter that restricts 

a State from imposing more stringent requirements than this subsection on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries in projects carried out 

with that assistance or restricts a recipient of that assistance from 

complying with those State-imposed requirements. 

ø(7)¿ (8) OPPORTUNITY TO CORRECT INADVERTENT ERROR.—The 

Secretary may allow a manufacturer or supplier of steel, iron, or 

manufactured goods to correct after bid opening any certification of 

noncompliance or failure to properly complete the certification (but 

not including failure to sign the certification) under this subsection 

if such manufacturer or supplier attests under penalty of perjury 

that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error. The burden 

of establishing inadvertent or clerical error is on the manufacturer 

or supplier. 

(9) ADMINISTRATIVE REVIEW.—A party adversely affected by an 

agency action under this subsection shall have the right to seek review under section 702 of title 5. 

* * * * * * * 

ø(l) APPLICATION OF SECTION 135 OF TITLE 23.—The planning 

and programming requirements of section 135 of title 23 apply to 

a grant made under sections 5307–5311 of this title.¿ 

743 

(l) RELATIONSHIP TO OTHER LAWS.—Section 1001 of title 18 applies to a certificate, submission, or statement provided under this 

chapter. The Secretary may terminate financial assistance under 

this chapter and seek reimbursement directly, or by offsetting 

amounts, available under this chapter, when a false or fraudulent 

statement or related act within the meaning of such section 1001 is 

made in connection with a Federal transit program. 

* * * * * * * 

(o) GRANT REQUIREMENTS.—The grant requirements under sections 5307 and 5309 apply to any project under this chapter that 

receives any assistance or other financing under øthe Transportation Infrastructure Finance and Innovation Act of 1998¿ chapter 

6 (other than section 609) of title 23. 

ø§ 5324. Limitations on discretionary and special needs 

grants and loans 

ø(a) RELOCATION PROGRAM REQUIREMENTS.—Financial assistance 

may be provided under section 5309 of this title only if the Secretary of Transportation decides that— 

ø(1) an adequate relocation program is being carried out for 

families displaced by a project; and 

ø(2) an equal number of decent, safe, and sanitary dwellings 

are being, or will be, provided to those families in the same 

area or in another area generally not less desirable for public 

utilities and public and commercial facilities, at rents or prices 

within the financial means of those families, and with reasonable access to their places of employment. 

ø(b) ECONOMIC, SOCIAL, AND ENVIRONMENTAL INTERESTS.—(1) In 

carrying out section 5301(e) of this title, the Secretary of Transportation shall cooperate and consult with the Secretaries of Agriculture, Health and Human Services, Housing and Urban Development, and the Interior and the Council on Environmental Quality 

on each project that may have a substantial impact on the environment. 

ø(2) In carrying out section 5309 of this title, the Secretary of 

Transportation shall review each transcript of a hearing submitted 

under section 5323(b) of this title to establish that an adequate opportunity to present views was given to all parties with a significant economic, social, or environmental interest and that the 

project application includes a statement on— 

ø(A) the environmental impact of the proposal; 

ø(B) adverse environmental effects that cannot be avoided; 

ø(C) alternatives to the proposal; and 

ø(D) irreversible and irretrievable impacts on the environment. 

ø(3)(A) The Secretary of Transportation may approve an application for financial assistance under section 5309 of this title only if 

the Secretary makes written findings, after reviewing the application and any hearings held before a State or local governmental authority under section 5323(b) of this title, that— 

ø(i) an adequate opportunity to present views was given to 

all parties with a significant economic, social, or environmental 

interest; 

744 

ø(ii) the preservation and enhancement of the environment, 

and the interest of the community in which a project is located, 

were considered; and 

ø(iii) no adverse environmental effect is likely to result from 

the project, or no feasible and prudent alternative to the effect 

exists and all reasonable steps have been taken to minimize 

the effect. 

ø(B) If a hearing has not been conducted or the Secretary of 

Transportation decides that the record of the hearing is inadequate 

for making the findings required by this subsection, the Secretary 

shall conduct a hearing on an environmental issue raised by the 

application after giving adequate notice to interested persons. 

ø(C) A finding of the Secretary of Transportation under subparagraph (A) of this paragraph shall be made a matter of public 

record. 

ø(c) PROHIBITIONS AGAINST REGULATING OPERATIONS AND

CHARGES.—The Secretary of Transportation may not regulate the 

operation of a mass transportation system for which a grant is 

made under section 5309 of this title and, after a grant is made, 

may not regulate any charge for the system. However, the Secretary may require the local governmental authority, corporation, 

or association to comply with any undertaking provided by it related to its grant application.¿ 

§ 5324. Special provisions for capital projects 

(a) RELOCATION PROGRAM REQUIREMENTS.—Financial assistance 

may be provided under section 5309 only if the Secretary decides 

that— 

(1) an adequate relocation program is being carried out for 

families displaced by a project; and 

(2) an equal number of decent, safe, and sanitary dwellings 

are being, or will be, provided to those families in the same 

area or in another area generally not less desirable for public 

utilities and public and commercial facilities, at rents or prices 

within the financial means of those families, and with reasonable access to their places of employment. 

(b) CONSIDERATION OF ECONOMIC, SOCIAL, AND ENVIRONMENTAL

INTERESTS.— 

(1) COOPERATION AND CONSULTATION.—In carrying out the 

policy of section 5301(e), the Secretary shall cooperate and consult with the Secretaries of the Interior, Health and Human 

Services, and Housing and Urban Development and the Administrator of the Environmental Protection Agency on each project 

that may have a substantial impact on the environment. 

(2) PUBLIC PARTICIPATION IN ENVIRONMENTAL REVIEWS.—In 

performing environmental reviews, the Secretary shall review 

each transcript of a hearing submitted under section 5323(b) to 

establish that an adequate opportunity to present views was 

given to all parties having a significant economic, social, or environmental interest in the project, and that the project application includes a record of— 

(A) the environmental impact of the proposal; 

(B) adverse environmental effects that cannot be avoided; 

(C) alternatives to the proposal; and 

745 

(D) irreversible and irretrievable impacts on the environment. 

(3) APPROVAL OF APPLICATIONS FOR ASSISTANCE.— 

(A) FINDINGS BY THE SECRETARY.—The Secretary may 

approve an application for financial assistance for a capital 

project in accordance with this chapter only if the Secretary 

makes written findings, after reviewing the application and 

the transcript of any hearing held before a State or local 

governmental authority under section 5323(b), that— 

(i) an adequate opportunity to present views was 

given to all parties having a significant economic, social, or environmental interest; 

(ii) the preservation and enhancement of the environment and the interest of the community in which the 

project is located were considered; and 

(iii) no adverse environmental effect is likely to result 

from the project, or no feasible and prudent alternative 

to the effect exists and all reasonable steps have been 

taken to minimize the effect. 

(B) HEARING.—If a hearing has not been conducted or the 

Secretary decides that the record of the hearing is inadequate for making the findings required by this subsection, 

the Secretary shall conduct a hearing on an environmental 

issue raised by the application after giving adequate notice 

to interested persons. 

(C) AVAILABILITY OF FINDINGS.—The Secretary’s findings 

under subparagraph (A) shall be made a matter of public 

record. 

§ 5325. Contract requirements 

ø(a) NONCOMPETITIVE BIDDING.—A capital project or improvement contract for which a grant or loan is made under this chapter, 

if the contract is not made through competitive bidding, shall provide that records related to the contract shall be made available to 

the Secretary of Transportation and the Comptroller General, or an 

officer or employee of the Secretary or Comptroller General, when 

conducting an audit and inspection. 

ø(b) ARCHITECTURAL, ENGINEERING, AND DESIGN CONTRACTS.—A 

contract or requirement for program management, construction 

management, a feasibility study, and preliminary engineering, design, architectural, engineering, surveying, mapping, or related 

services for a project for which a grant or loan is made under this 

chapter shall be awarded in the same way as a contract for architectural and engineering services is negotiated under chapter 11 of 

title 40 or an equivalent qualifications-based requirement of a 

State. When awarding such contracts, recipients of assistance 

under this chapter shall maximize efficiencies of administration by 

accepting nondisputed audits conducted by other governmental 

agencies, as provided in subparagraphs (C) through (F) of section 

112(b)(2) of title 23. This subsection does not apply to the extent 

a State has adopted or adopts by law a formal procedure for procuring those services.¿ 

(a) COMPETITION.—Recipients of Federal assistance under this 

chapter shall conduct all procurement transactions involving such 

746 

assistance in a manner providing full and open competition, as determined by the Secretary. 

(b) ARCHITECTURAL, ENGINEERING, AND DESIGN CONTRACTS.— (1) PROCEDURES FOR AWARDING CONTRACT.—A contract or requirement for program management, architectural engineering, 

construction management, a feasibility study, and preliminary 

engineering, design, architectural, engineering, surveying, mapping, or related services for a project for which Federal assistance is provided under this chapter shall be awarded in the 

same way as a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent 

qualifications-based requirement of a State. 

(2) EFFECT OF STATE LAWS.—This subsection does not apply 

to the extent a State has adopted, before the date of enactment 

of the Federal Public Transportation Act of 2005, by law a formal procedure for procuring those services. 

(3) ADMINISTRATION OF CONTRACTS.—When awarding such 

contracts, recipients of assistance under this chapter shall 

maximize efficiencies of administration by accepting nondisputed audits conducted by other governmental agencies as follows: 

(A) PERFORMANCE OF AUDITS.—Any contract or subcontract awarded under this chapter shall be performed 

and audited in compliance with cost principles contained 

in the Federal Acquisition Regulation (part 31 of title 48, 

Code of Federal Regulations). 

(B) INDIRECT COST RATES.—Instead of performing its own 

audits, a recipient of funds under a contract or subcontract 

awarded under this chapter shall accept indirect cost rates 

established in accordance with the Federal Acquisition Regulation for one-year applicable accounting periods by a cognizant Federal or State government agency, if such rates 

are not currently under dispute. 

(C) 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. 

(D) PRENOTIFICATION; CONFIDENTIALITY OF DATA.—A recipient of funds requesting or using the cost and rate data 

described in paragraph (3) 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 that 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. 

* * * * * * * 

(d) DESIGN-BUILD SYSTEM PROJECTS.— (1) DEFINITION.—In this section, the term ‘‘design-build system project’’ means a project under which a recipient enters into 

a contract with a seller, firm, or consortium of firms to design 

and build a public transportation system or an operable segVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00748 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
747 

ment thereof that meets specific performance criteria. Such 

project may also include an option to finance, or operate for a 

period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment. 

(2) FINANCIAL ASSISTANCE.—Government financial assistance 

under this chapter may be made available for the capital costs 

of a design-build system project after the recipient complies 

with Government requirements. 

(e) MULTIYEAR ROLLING STOCK.— (1) CONTRACTS.—A recipient procuring rolling stock with 

Government financial assistance under this chapter may make 

a multiyear contract to buy the rolling stock and replacement 

parts under which the recipient has an option to buy additional 

rolling stock or replacement parts for not more than 5 years 

after the date of the original contract. 

(2) COOPERATION AMONG RECIPIENTS.—The Secretary shall 

allow at least 2 recipients to act on a cooperative basis to procure rolling stock in compliance with this subsection and other 

Government procurement requirements. 

(f) ACQUIRING ROLLING STOCK.—A recipient of financial assistance under this chapter may enter into a contract to expend that assistance to acquire rolling stock— 

(1) based on— 

(A) initial capital costs; or 

(B) performance, standardization, life cycle costs, and 

other factors; or 

(2) with a party selected through a competitive procurement 

process. 

(g) EXAMINATION OF THE RECORDS.—Upon request, the Secretary, 

the Comptroller General, or a representative of the Secretary or the 

Comptroller General shall have access to and the right to examine 

and inspect all records, documents, papers, including contracts, related to a project for which a grant is made under this chapter. 

(h) GRANT PROHIBITIONS.—A grant may not be used to support a 

procurement that uses an exclusionary or discriminatory specification. 

ø§ 5326. Special procurements 

ø(a) TURNKEY SYSTEM PROJECTS.— 

ø(1) TURNKEY SYSTEM PROJECT DEFINED.—In this subsection, 

the term ‘‘turnkey system project’’ means a project under which 

a recipient enters into a contract with a seller, firm, or consortium of firms to design and build a mass transportation system 

or an operable segment thereof that meets specific performance 

criteria. Such project may also include an option to finance, or 

operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such 

system or segment. 

ø(2) SELECTION OF TURNKEY PROJECTS.—To advance new 

technologies and lower the cost of a capital project for a new 

mass transportation system or an operable segment of a mass 

transportation system, the Secretary of Transportation shall 

allow solicitation for a turnkey system project to be financed 

under this chapter to be awarded conditionally before United 

748 

States Government requirements have been met on the project 

if the award is made without prejudice to carrying out those 

requirements. Government financial assistance under this 

chapter may be made available for the project after the recipient complies with Government requirements. 

ø(3) DEMONSTRATIONS.—To develop guidelines applying generally to turnkey system projects, the Secretary may approve 

at least 2 projects for an initial demonstration phase. The results of the demonstration projects (and other projects using 

this procurement method on December 18, 1991) shall be considered in developing guidelines to carry out this subsection. 

ø(b) MULTIYEAR ROLLING STOCK.—(1) A recipient procuring rolling stock with Government financial assistance under this chapter 

may make a multiyear contract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for not more than 5 

years after the date of the original contract. 

ø(2) The Secretary shall allow at least 2 recipients to act on a 

cooperative basis to procure rolling stock in compliance with this 

subsection and other Government procurement requirements. 

ø(c) ACQUIRING ROLLING STOCK.—A recipient of financial assistance under this chapter may enter into a contract to expend that 

assistance to acquire rolling stock— 

ø(1) based on— 

ø(A) initial capital costs; or 

ø(B) performance, standardization, life cycle costs, and 

other factors; or 

ø(2) with a party selected through a competitive procurement 

process. 

ø(d) PROCURING ASSOCIATED CAPITAL MAINTENANCE ITEMS.—A 

recipient of assistance under section 5307 procuring an associated 

capital maintenance item under section 5307(b) may enter into a 

contract directly with the original manufacturer or supplier of the 

item to be replaced, without receiving prior approval of the Secretary, if the recipient first certifies in writing to the Secretary 

that— 

ø(1) the manufacturer or supplier is the only source for the 

item; and 

ø(2) the price of the item is no more than the price that similar customers pay for the item.¿ 

§ 5327. Project management oversight 

(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.—To receive 

United States Government financial assistance for a major capital 

project under this chapter or the National Capital Transportation 

Act of 1969 (Public Law 91–143, 83 Stat. 320), a recipient must 

prepare and carry out a project management plan approved by the 

Secretary of Transportation. The plan shall provide for— 

(1) * * * 

* * * * * * * 

(11) periodic updates of the plan, especially related to project 

budget and project schedule, financing, ridership estimates, 

and the status of local efforts to enhance ridership where ridership estimates partly depend on the success of those efforts; 

øand¿ 

749 

(12) the recipient’s commitment to submit a project budget 

and project schedule to the Secretary each monthø.¿; and 

(13) safety and security management. 

* * * * * * * 

ø(c) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.—(1) The Secretary may use not more than .5 percent of amounts made available for a fiscal year to carry out section 5307, 5309, or 5311 of this 

title, an interstate transfer mass transportation project under section 103(e)(4) of title 23 as in effect on September 30, 1991, or a 

project under the National Capital Transportation Act of 1969 

(Public Law 91–143, 83 Stat. 320) to make a contract to oversee the 

construction of a major project under section 5307, 5309, 5311, or 

103(e)(4) or that Act. The Secretary may use when necessary not 

more than an additional .25 percent of amounts made available in 

a fiscal year to carry out a major project under section 5309 to 

make a contract to oversee the construction of the project. 

ø(2) The Secretary may use amounts available under paragraph 

(1) of this subsection to enter into contracts for safety, procurement, management, and financial compliance reviews and audits of 

a recipient of amounts under paragraph (1) and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section. Subsections (a), 

(b), and (e) of this section do not apply to contracts under this paragraph. 

ø(3) The Government shall pay the entire cost of carrying out a 

contract under this subsection.¿ 

(c) LIMITATIONS.— (1) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.—The Secretary may use not more than .5 percent of amounts made 

available for a fiscal year to carry out section 5311, not more 

than .75 percent of amounts made available for a fiscal year to 

carry out section 5307, and not more than 1 percent of amounts 

made available for a fiscal year to carry out section 5309 to 

make contracts for the following activities: 

(A) To oversee the construction of a major project. 

(B) To review and audit the safety and security, procurement, management, and financial compliance of a recipient 

or subrecipient of funds under sections 5307, 5309, and 

5311. 

(C) To provide technical assistance to correct deficiencies 

identified in compliance reviews and audits carried out 

under this section. 

(2) LIMITATIONS ON APPLICABILITY.—Subsections (a), (b), and 

(e) do not apply to contracts under this section for activities described in paragraphs (1)(B) and (1)(C). 

(3) GOVERNMENT’S SHARE OF COSTS.—The Government shall 

pay the entire cost of carrying out a contract under this subsection. 

* * * * * * * 

§ 5328. Project review 

(a) SCHEDULE.—(1) * * * 

(2) After the draft is circulated and not later than 30 days after 

the applicant selects a locally preferred alternative, the Secretary 

750 

shall allow the project to advance to the preliminary engineering 

stage if the Secretary finds the project is consistent with section 

ø5309(e)¿ 5309(c). 

* * * * * * * 

(4) The Secretary shall make a full funding grant agreement 

under section 5309 of this title for a project not later than 120 days 

after the project enters the final design stage of construction. The 

agreement shall provide for a United States Government share of 

the construction cost at least equal to the Government share estimated in the Secretary’s most recent report required øunder section 5309(o)(1)¿ under section 5309(i)(1) of this title or an update 

of the report unless the applicant requests otherwise. 

* * * * * * * 

ø§ 5329. Investigation of safety hazards 

ø(a) GENERAL.—The Secretary of Transportation may investigate 

a condition in equipment, a facility, or an operation financed under 

this chapter that the Secretary believes causes a serious hazard of 

death or injury to establish the nature and extent of the condition 

and how to eliminate or correct it. If the Secretary establishes that 

a condition causes a hazard, the Secretary shall require the local 

governmental authority receiving amounts under this chapter to 

submit a plan for correcting it. The Secretary may withhold further 

financial assistance under this chapter until a plan is approved and 

carried out. 

ø(b) REPORT.—Not later than June 15, 1992, the Secretary shall 

submit to Congress a report containing— 

ø(1) a description of actions taken to identify and investigate 

conditions in a facility, equipment, or way of operating as part 

of the findings and decisions required of the Secretary in providing a grant or loan under this chapter; 

ø(2) a description of actions of the Secretary to correct or 

eliminate, as a requirement for making an amount available 

through a grant or loan under this chapter, a condition found 

to create a serious hazard of death or injury; 

ø(3) a summary of all passenger-related deaths and injuries 

resulting from an unsafe condition in a facility, equipment, or 

way of operating a facility or equipment at least partly financed under this chapter; 

ø(4) a summary of all employee-related deaths and injuries 

resulting from an unsafe condition in a facility, equipment, or 

way of operating a facility or equipment at least partly financed under this chapter; 

ø(5) a summary of action of the Secretary to correct or eliminate the unsafe condition to which the deaths and injuries referred to in clauses (3) and (4) of this subsection were attributed; 

ø(6) a summary of actions of the Secretary to alert mass 

transportation operators of the nature of the unsafe condition 

found to create a serious hazard of death or injury; and 

ø(7) recommendations of the Secretary to Congress of any 

legislative or administrative actions necessary to ensure that 

all recipients of amounts under this chapter will undertake the 

751 

best way available to correct or eliminate hazards of death or 

injury, including— 

ø(A) a timetable for undertaking actions; 

ø(B) an estimate of the capital and operating cost to take 

the actions; and 

ø(C) minimum standards for establishing and carrying 

out safety plans by recipients of amounts under this chapter.¿ 

§ 5329. Investigation of safety and hazards 

(a) IN GENERAL.—The Secretary may investigate safety and security risks associated with a condition in equipment, a facility, or an 

operation financed under this chapter that the Secretary believes 

causes a serious hazard of death or injury to establish the nature 

and extent of the condition and how to eliminate, mitigate, or correct it. 

(b) PLANS FOR ELIMINATING, MITIGATING, OR CORRECTING HAZARDS.—If the Secretary establishes that a condition causes a hazard, the Secretary shall require the local governmental authority receiving amounts under this chapter to submit a plan for eliminating, mitigating, or correcting it. 

(c) WITHHOLDING FINANCIAL ASSISTANCE.—Financial assistance 

under this chapter, in an amount to be determined by the Secretary, 

may be withheld until a plan is approved and carried out. 

ø§ 5330. Withholding amounts for noncompliance with safety requirements 

ø(a) APPLICATION.—This section applies only to States that have 

rail fixed guideway mass transportation systems not subject to regulation by the Federal Railroad Administration.¿ 

§ 5330. State safety oversight 

(a) APPLICATION.—This section applies only to— 

(1) States that have rail fixed guideway public transportation 

systems not subject to regulation by the Federal Railroad Administration; and 

(2) States that are designing rail fixed guideway public transportation systems that will not be subject to regulation by the 

Federal Railroad Administration. 

* * * * * * * 

(c) STATE REQUIREMENTS.—A State meets the requirements of 

this section if the State— 

(1) establishes and is carrying out a safety program plan for 

each fixed guideway ømass¿ public transportation system in 

the State that establishes at least safety requirements, lines of 

authority, levels of responsibility and accountability, and methods of documentation for the system; and 

* * * * * * * 

(d) MULTISTATE INVOLVEMENT.—When more than one State is 

subject to this section in connection with a single ømass¿ public 

transportation authority, the affected States shall ensure uniform 

safety standards and enforcement and may designate an entity (except the ømass¿ public transportation authority) to ensure uniform 

752 

safety standards and enforcement and to meet the requirements of 

subsection (c) of this section. 

* * * * * * * 

ø(f) REGULATIONS.—Not later than December 18, 1992, the Secretary shall prescribe regulations stating the requirements for complying with subsection (c) of this section.¿ 

§ 5331. Alcohol and controlled substances testing 

(a) DEFINITIONS.—In this section— 

(1) * * * 

* * * * * * * 

(3) ‘‘ømass¿ public transportation’’ means any form of 

ømass¿ public transportation, except a form the Secretary decides is covered adequately, for employee alcohol and controlled 

substances testing purposes, under section 20140 or 31306 of 

this titleø.¿ or section 2303a, 7101(i), or 7302(e) of title 46. The 

Secretary may also decide that a form of public transportation 

is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard. 

(b) TESTING PROGRAM FOR øMASS¿ PUBLIC TRANSPORTATION EMPLOYEES.—(1)(A) In the interest of ømass¿ public transportation 

safety, the Secretary shall prescribe regulations that establish a 

program requiring ømass¿ public transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this 

title øor section 103(e)(4) of title 23¿ to conduct preemployment, 

reasonable suspicion, random, and post-accident testing of ømass¿ 

public transportation employees responsible for safety-sensitive 

functions (as decided by the Secretary) for the use of a controlled 

substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation 

of law or a United States Government regulation. The regulations 

shall permit such operations to conduct preemployment testing of 

such employees for the use of alcohol. 

(B) When the Secretary of Transportation considers it appropriate in the interest of safety, the Secretary may prescribe regulations for conducting periodic recurring testing of ømass¿ public 

transportation employees responsible for safety-sensitive functions 

(as decided by the Secretary) for the use of alcohol or a controlled 

substance in violation of law or a Government regulation. 

(2) In prescribing regulations under this subsection, the Secretary of Transportation— 

(A) shall require that post-accident testing of such a ømass¿ 

public transportation employee be conducted when loss of 

human life occurs in an accident involving ømass¿ public 

transportation; and 

(B) may require that post-accident testing of such a ømass¿ 

public transportation employee be conducted when bodily injury or significant property damage occurs in any other serious 

accident involving ømass¿ public transportation. 

(c) DISQUALIFICATIONS FOR USE.—(1) * * * 

753 

(2) This section does not supersede any penalty applicable to a 

ømass¿ public transportation employee under another law. 

* * * * * * * 

(e) REHABILITATION.—The Secretary of Transportation shall prescribe regulations establishing requirements for rehabilitation programs that provide for the identification and opportunity for treatment of any ømass¿ public transportation employee referred to in 

subsection (b)(1) of this section who is found to have used alcohol 

or a controlled substance in violation of law or a Government regulation. The Secretary shall decide on the circumstances under 

which employees shall be required to participate in a program. This 

subsection does not prevent a ømass¿ public transportation operation from establishing a program under this section in cooperation 

with another ømass¿ public transportation operation. 

(f) RELATIONSHIP TO OTHER LAWS, REGULATIONS, STANDARDS, 

AND ORDERS.—(1) * * * 

* * * * * * * 

ø(3) This section does not prevent the Secretary of Transportation from continuing in effect, amending, or further 

supplementing a regulation prescribed before October 28, 1991, 

governing the use of alcohol or a controlled substance by mass 

transportation employees.¿ 

(g) INELIGIBILITY FOR ASSISTANCE.—A person is not eligible for financial assistance under section 5307, 5309, or 5311 of this title 

øor section 103(e)(4) of title 23¿ if the person is required, under 

regulations the Secretary of Transportation prescribes under this 

section, to establish a program of alcohol and controlled substances 

testing and does not establish the program. 

* * * * * * * 

§ 5333. Labor standards 

(a) * * * 

(b) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) As a condition of 

financial assistance under sections 5307–5312, ø5318(d), 5323(a)(1), 

(b), (d), and (e), 5328, 5337, and 5338(b)¿ 5316, 5317, 5318, 5320, 

5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b), 5338(g), and 

5338(h) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of 

Labor concludes are fair and equitable. The agreement granting 

the assistance under sections 5307–5312, ø5318(d), 5323(a)(1), (b), 

(d), and (e), 5328, 5337, and 5338(b)¿ 5316, 5317, 5318, 5320, 

5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b), 5338(g), and 

5338(h) shall specify the arrangements. 

(2) Arrangements under this subsection shall include provisions 

that may be necessary for— 

(A) * * * 

* * * * * * * 

(D) assurances of employment to employees of acquired 

ømass¿ public transportation systems; 

* * * * * * * 

754 

§ 5334. Administrative provisions 

(a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary of Transportation may— 

(1) * * * 

* * * * * * * 

(9) include in an agreement or instrument under this chapter 

a covenant or term the Secretary of Transportation considers 

necessary to carry out this chapter; øand¿ 

(10) collect fees to cover the costs of training or conferences, 

including costs of promotional materials, sponsored by the Federal Transit Administration to promote ømass¿ public transportation and credit amounts collected to the appropriation 

concernedø.¿; and 

(11) issue regulations as necessary to carry out the purposes 

of this chapter. 

(b) PROHIBITIONS AGAINST REGULATING OPERATIONS AND

CHARGES.— 

(1) IN GENERAL.—Except for purposes of national defense or 

in the event of a national or regional emergency, the Secretary 

may not regulate the operation, routes, or schedules of a public 

transportation system for which a grant is made under this 

chapter, nor may the Secretary regulate the rates, fares, tolls, 

rentals, or other charges prescribed by any provider of public 

transportation. 

(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 

this subsection shall be construed to prevent the Secretary from 

requiring a recipient of funds under this chapter to comply with 

the terms and conditions of its Federal assistance agreement. 

ø(b)¿ (c) PROCEDURES FOR PRESCRIBING REGULATIONS.—(1) * * * 

* * * * * * * 

(4) The Secretary of Transportation shall comply with this section (except øsubsections (h) and (i)¿ subsection (i)) and sections 

5323(a)(2), ø5323(c), 5323(e), 5324(c),¿ 5325(a), 5325(b), 5326(c), 

and 5326(d) when proposing or carrying out a regulation governing 

an activity under this chapter, except for a routine matter or a 

matter with no significant impact. 

(5) NONREGULATORY SUBSTANTIVE POLICY STATEMENTS.—The 

Secretary shall provide notice and an opportunity for public 

comment at least 60 days before issuing any nonregulatory substantive policy statements (regardless of the form of issuance), 

including guidance, policy statements, and regulatory interpretations. 

ø(c)¿ (d) BUDGET PROGRAM AND SET OF ACCOUNTS.—The Secretary of Transportation shall— 

(1) * * * 

* * * * * * * 

ø(d)¿ (e) DEPOSITORY AND AVAILABILITY OF AMOUNTS.—The Secretary of Transportation shall deposit amounts made available to 

the Secretary under this chapter in a checking account in the 

Treasury. Receipts, assets, and amounts obtained or held by the 

Secretary to carry out this chapter are available for administrative 

expenses to carry out this chapter. 

755 

ø(e)¿ (f) BINDING EFFECT OF FINANCIAL TRANSACTION.—A financial transaction of the Secretary of Transportation under this chapter and a related voucher are binding on all officers and employees 

of the United States Government. 

ø(f)¿ (g) DEALING WITH ACQUIRED PROPERTY.—Notwithstanding 

another law related to the Government acquiring, using, or disposing of real property, the Secretary of Transportation may deal 

with property acquired under subsection (a)(3) or (4) of this section 

in any way. However, this subsection does not— 

(1) * * * 

* * * * * * * 

ø(g)¿ (h) TRANSFER OF ASSETS NO LONGER NEEDED.—(1) If a recipient of assistance under this chapter decides an asset acquired 

under this chapter at least in part with that assistance is no longer 

needed for the purpose for which it was acquired, the Secretary of 

Transportation may authorize the recipient to transfer the asset to 

a local governmental authority to be used for a public purpose with 

no further obligation to the Government. The Secretary may authorize a transfer for a public purpose other than ømass¿ public 

transportation only if the Secretary decides— 

(A) * * * 

* * * * * * * 

(4) PROCEEDS FROM THE SALE OF TRANSIT ASSETS.— 

(A) IN GENERAL.—When real property, equipment, or 

supplies acquired with assistance under this chapter are 

no longer needed for ømass¿ public transportation purposes as determined under the applicable assistance agreement, the Secretary may authorize the sale, transfer, or 

lease of the assets under conditions determined by the Secretary and subject to the requirements of this subsection. 

* * * * * * * 

ø(h)¿ (i) TRANSFER OF AMOUNTS AND NON-GOVERNMENT

SHARE.—(1) Amounts made available for a ømass¿ public transportation project under title 23 shall be transferred to and administered by the Secretary of Transportation under this chapter. 

Amounts made available for a highway project under this chapter 

shall be transferred to and administered by the Secretary under 

title 23. 

(2) The provisions of title 23 related to the non-Government 

share apply to amounts under title 23 used for ømass¿ public 

transportation projects. The provisions of this chapter related to 

the non-Government share apply to amounts under this chapter 

used for highway projects. 

ø(i) AUTHORITY OF SECRETARY OF HOUSING AND URBAN DEVELOPMENT.—The Secretary of Housing and Urban Development shall— 

ø(1) carry out section 5312(a) and (b)(1) of this title related 

to— 

ø(A) urban transportation systems and planned development of urban areas; and 

ø(B) the role of transportation planning in overall urban 

planning; and 

756 

ø(2) advise and assist the Secretary of Transportation in 

making findings under section 5323(a)(1)(A) of this title.¿ 

* * * * * * * 

ø§ 5335. Reports and audits¿ 

§ 5335. National transit database 

(a) NATIONAL TRANSIT DATABASE.—ø(1) To help¿ To help meet 

the needs of individual ømass¿ public transportation systems, the 

United States Government, State and local governments, and the 

public for information on which to base ømass¿ public transportation service planning, the Secretary of Transportation shall maintain a reporting system, using uniform categories to accumulate 

ømass¿ public transportation financial and operating information 

and using a uniform system of accounts. The reporting and uniform 

systems shall contain appropriate information to help any level of 

government make a public sector investment decision. The Secretary may request and receive appropriate information from any 

source. 

ø(2) The Secretary¿ (b) REPORTING AND UNIFORM SYSTEMS.—The 

Secretary may make a grant under section 5307 of this title only 

if the applicant, and any person that will receive benefits directly 

from the grant, are subject to the reporting and uniform systems. 

ø(b) BIENNIAL TRANSFERABILITY REPORT.—In January 1993, the 

Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Banking, Housing, and Urban Affairs of the Senate 

a report on carrying out section 5307(b)(5) of this title. The report 

shall— 

ø(1) identify, by State, the amount of mass transportation 

money transferred for non-mass transportation purposes under 

section 5307(b)(5) of this title during the prior fiscal year; 

ø(2) include an assessment of the impact of the transfers on 

the mass transportation needs of individuals and communities 

in the State, including the impact on— 

ø(A) the State’s ability to meet the mass transportation 

needs of elderly individuals and individuals with disabilities; 

ø(B) efforts to meet the objectives of the Clean Air Act 

(42 U.S.C. 7401 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and 

ø(C) the State’s efforts to extend public mass transportation services to unserved rural areas; and 

ø(3) examine the relative levels of Government mass transportation assistance and services in urban and rural areas in 

the fiscal year that ended September 30, 1991, and the extent 

to which the assistance and service has changed in later fiscal 

years because of mass transportation resources made available 

under this chapter and the Intermodal Surface Transportation 

Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1914).¿ 

§ 5336. Apportionment of appropriations for formula grants 

(a) BASED ON URBANIZED AREA POPULATION.—Of the amount 

made available or appropriated under section 5338(a) øof this title¿ 

to carry out section 5307— 

757 

(1) * * * 

(2) 90.68 percent shall be apportioned each fiscal year only 

in urbanized areas with populations of at least 200,000 as provided in subsections (b) and (c) of this section, except that the 

amount apportioned to the Anchorage urbanized area under 

subsection (b) shall be available to the Alaska Railroad for any 

costs related to its passenger operations. 

(b) BASED ON FIXED GUIDEWAY REVENUE VEHICLE-MILES, ROUTEMILES, AND PASSENGER-MILES.—(1) In this subsection, ‘‘fixed guideway revenue vehicle-miles’’ and ‘‘fixed guideway route-miles’’ include ferry boat operations directly or under contract by the designated recipient and the Alaska Railroad passenger operations. 

* * * * * * * 

(g) TRANSFERS OF APPORTIONMENTS.—(1) The chief executive officer of a State may transfer any part of the State’s apportionment 

under subsection (a)(1) of this section to supplement amounts apportioned to the State under section 5311(c) of this title or amounts 

apportioned to urbanized areas under this subsection. The chief executive officer may make a transfer only after consulting with responsible local officials and publicly owned operators of ømass¿ 

public transportation in each area for which the amount originally 

was apportioned under this section. 

* * * * * * * 

(j) APPLICATION OF OTHER SECTIONS.—Sections 5302, 5318, 

5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this section and to øa grant made under¿ a grant made with funds apportioned under this section. Except as provided in this section, no 

other provision of this chapter applies to this section or to øa grant 

made under¿ a grant made with funds apportioned under this section. 

(k) CERTAIN URBANIZED AREAS GRANDFATHERED.—An area designated an urbanized area under the 1980 census and not designated an urbanized area under the 1990 census for the fiscal year 

ending September 30, 1993, is eligible to receive— 

(1) 50 percent of the amount the area would have received 

if the area had been an urbanized area as defined by øsection 

5302(a)(13) of this title¿ section 5302(a); and 

* * * * * * * 

ø§ 5337. Apportionment of appropriations for fixed guideway modernization 

ø(a) DISTRIBUTION.—The Secretary shall apportion amounts 

made available for fixed guideway modernization under section 

5309 for each of fiscal years 1998 through 2003 as follows:¿ 

§ 5337. Apportionment based on fixed guideway factors 

(a) DISTRIBUTION.—The Secretary shall apportion amounts made 

available for fixed guideway modernization under sections 5338(b) 

and 5338(g) as follows: 

(1) * * * 

(2) The next $70,000,000 shall be apportioned as follows: 

(A) * * * 

758 

(B) 50 percent in other urbanized areas eligible for assistance under section 5336(b)(2)(A) to which amounts 

were apportioned under this section for fiscal year 1997, as 

provided in section 5336(b)(2)(A) and subsection ø(e)(1)¿ (e) 

of this section. 

(3) The next $5,700,000 shall be apportioned in the 

following urbanized areas as follows: 

(A) * * * 

* * * * * * * 

(D) 21.72 percent in urbanized areas to which paragraph 

(2)(B) applies, as provided in section 5336(b)(2)(A) and subsection ø(e)(1)¿ (e) of this section. 

(4) The next $186,600,000 shall be apportioned in each urbanized area to which paragraph (1) applies and in each urbanized area to which paragraph (2)(B) applies, as provided in 

section 5336(b)(2)(A) and subsection ø(e)(1)¿ (e) of this section. 

(5) The next $70,000,000 shall be apportioned as follows: 

(A) 65 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection ø(e)(2)¿ (e) of this section. 

(B) 35 percent to other urbanized areas eligible for assistance under section 5336(b)(2)(A) if the areas contain 

fixed guideway systems placed in revenue service at least 

7 years before the fiscal year in which amounts are made 

available and in any urbanized area if, before the first day 

of the fiscal year, the area satisfies the Secretary that the 

area has modernization needs that cannot adequately be 

met with amounts received under section 5336(b)(2)(A), as 

provided in section 5336(b)(2)(A) and subsection ø(e)(2)¿ (e) 

of this section. 

(6) The next $50,000,000 shall be apportioned as follows: 

(A) 60 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection ø(e)(2)¿ (e) of this section. 

(B) 40 percent to urbanized areas to which paragraph 

(5)(B) applies, as provided in section 5336(b)(2)(A) and subsection ø(e)(2)¿ (e) of this section. 

(7) Remaining amounts shall be apportioned as follows: 

(A) 50 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection ø(e)(2)¿ (e) of this section. 

(B) 50 percent to urbanized areas to which paragraph 

(5)(B) applies, as provided in section 5336(b)(2)(A) and subsection ø(e)(2)¿ (e) of this section. 

* * * * * * * 

(e) ROUTE SEGMENTS TO BE INCLUDED IN APPORTIONMENT FORMULAS.— 

ø(1) 1997 STANDARD.—Amounts apportioned under paragraphs (2)(B), (3), and (4) of subsection (a) shall have attributable to each urbanized area only the number of fixed guideway revenue miles of service and number of fixed guideway 

route miles for segments of fixed guideway systems used to determine apportionments for fiscal year 1997. 

759 

ø(2) OTHER STANDARDS.—¿ Amounts apportioned under 

paragraphs (5) through (7) of subsection (a) shall have attributable to each urbanized area only the number of fixed guideway revenue miles of service and number of fixed guideway 

route-miles for segments of fixed guideway systems placed in 

revenue service at least 7 years before the fiscal year in which 

amounts are made available. 

ø§ 5338. Authorizations 

ø(a) FORMULA GRANTS.— ø(1) FISCAL YEAR 1998.— 

ø(A) FROM THE TRUST FUND.—There shall be available 

from the Mass Transit Account of the Highway Trust Fund 

to carry out sections 5307, 5310, and 5311, $2,260,000,000 

for fiscal year 1998. 

ø(B) FROM THE GENERAL FUND.—In addition to amounts 

made available under subparagraph (A), there are authorized to be appropriated to carry out sections 5307, 5310, 

and 5311, $240,000,000 for fiscal year 1998. 

ø(C) ALLOCATION OF FUNDS.—Of the aggregate of 

amounts made available by and appropriated under this 

paragraph for a fiscal year— 

ø(i) $4,849,950 shall be available to the Alaska Railroad for improvements to its passenger operations 

under section 5307; 

ø(ii) $62,219,389 shall be available to provide transportation services to elderly individuals and individuals with disabilities under section 5310; 

ø(iii) $134,077,934 shall be available to provide financial assistance for other than urbanized areas 

under section 5311; and 

ø(iv) $2,298,852,727 shall be available to provide financial assistance for urbanized areas under section 

5307. 

ø(2) FISCAL YEARS 1999 THROUGH 2004 AND FOR THE PERIOD

OF OCTOBER 1, 2004, THROUGH MAY 31, 2005.— 

ø(A) FROM THE TRUST FUND.—There shall be available 

from the Mass Transit Account of the Highway Trust Fund 

to carry out sections 5307, 5308, 5310, and 5311— 

ø(i) $2,280,000,000 for fiscal year 1999; 

ø(ii) $2,478,400,000 for fiscal year 2000; 

ø(iii) $2,676,000,000 for fiscal year 2001; 

ø(iv) $2,873,600,000 for fiscal year 2002; 

ø(v) $3,071,200,000 for fiscal year 2003; 

ø(vi) $3,071,200,000 for fiscal year 2004; and 

ø(vii) $2,201,760,000 for the period of October 1, 

2004, through May 31, 2005. 

ø(B) FROM THE GENERAL FUND.—In addition to amounts 

made available under subparagraph (A), there are authorized to be appropriated to carry out sections 5307, 5308, 

5310, and 5311— 

ø(i) $570,000,000 for fiscal year 1999; 

ø(ii) $619,600,000 for fiscal year 2000; 

ø(iii) $669,000,000 for fiscal year 2001; 

ø(iv) $718,400,000 for fiscal year 2002; 

760 

ø(v) $767,800,000 for fiscal year 2003; 

ø(vi) $767,800,000 for fiscal year 2004; and 

ø(vii) $550,440,000 for the period of October 1, 2004, 

through May 31, 2005. 

ø(C) ALLOCATION OF FUNDS.—Of the aggregate of 

amounts made available by and appropriated under this 

paragraph for each of fiscal years 1999 through 2005 

(other than for the period of October 1, 2004, through May 

31, 2005)— 

ø(i) $4,849,950 shall be available to the Alaska Railroad for improvements to its passenger operations 

under section 5307; 

ø(ii) $50,000,000 shall be available to carry out section 5308; and 

ø(iii) of the remaining amount— 

ø(I) 2.4 percent shall be available to provide 

transportation services to elderly individuals and 

individuals with disabilities under section 5310; 

ø(II) 6.37 percent shall be available to provide 

financial assistance for other than urbanized 

areas under section 5311; and 

ø(III) 91.23 percent shall be available to provide 

financial assistance for urbanized areas under section 5307. 

ø(b) CAPITAL PROGRAM GRANTS AND LOANS.— 

ø(1) FISCAL YEAR 1998.—There shall be available from the 

Mass Transit Account of the Highway Trust Fund to carry out 

section 5309, $2,000,000,000 for fiscal year 1998. 

ø(2) FISCAL YEARS 1999 THROUGH 2004 AND FOR THE PERIOD

OF OCTOBER 1, 2004, THROUGH MAY 31, 2005.— 

ø(A) FROM THE TRUST FUND.—There shall be available 

from the Mass Transit Account of the Highway Trust Fund 

to carry out section 5309— 

ø(i) $1,805,600,000 for fiscal year 1999; 

ø(ii) $1,960,800,000 for fiscal year 2000; 

ø(iii) $2,116,800,000 for fiscal year 2001; 

ø(iv) $2,272,800,000 for fiscal year 2002; 

ø(v) $2,428,800,000 for fiscal year 2003; 

ø(vi) $2,510,000,000 for fiscal year 2004; and 

ø(vii) $1,740,960,000 for the period of October 1, 

2004, through May 31, 2005. 

ø(B) FROM THE GENERAL FUND.—In addition to amounts 

made available under subparagraph (A), there are authorized to be appropriated to carry out section 5309— 

ø(i) $451,400,000 for fiscal year 1999; 

ø(ii) $490,200,000 for fiscal year 2000; 

ø(iii) $529,200,000 for fiscal year 2001; 

ø(iv) $568,200,000 for fiscal year 2002; 

ø(v) $607,200,000 for fiscal year 2003; 

ø(vi) $627,500,000 for fiscal year 2004; and 

ø(vii) $435,240,000 for the period of October 1, 2004, 

through May 31, 2005. 

ø(c) PLANNING.— 

761 

ø(1) FISCAL YEAR 1998.—There are authorized to be appropriated to carry out sections 5303, 5304, 5305, and 5313(b), 

$47,750,000 for fiscal year 1998. 

ø(2) FISCAL YEARS 1999 THROUGH 2004 AND FOR THE PERIOD

OF OCTOBER 1, 2004, THROUGH MAY 31, 2005.— 

ø(A) FROM THE TRUST FUND.—There shall be available 

from the Mass Transit Account of the Highway Trust Fund 

to carry out sections 5303, 5304, 5305, and 5313(b)— 

ø(i) $42,200,000 for fiscal year 1999; 

ø(ii) $48,400,000 for fiscal year 2000; 

ø(iii) $50,200,000 for fiscal year 2001; 

ø(iv) $53,800,000 for fiscal year 2002; 

ø(v) $58,600,000 for fiscal year 2003; 

ø(vi) $58,600,000 for fiscal year 2004; and 

ø(vii) $41,813,334 for the period of October 1, 2004, 

through May 31, 2005. 

ø(B) FROM THE GENERAL FUND.—In addition to amounts 

made available under subparagraph (A), there are authorized to be appropriated to carry out sections 5303, 5304, 

5305, and 5313(b)— 

ø(i) $10,800,000 for fiscal year 1999; 

ø(ii) $11,600,000 for fiscal year 2000; 

ø(iii) $12,800,000 for fiscal year 2001; 

ø(iv) $13,200,000 for fiscal year 2002; 

ø(v) $14,400,000 for fiscal year 2003; 

ø(vi) $14,400,000 for fiscal year 2004; and 

ø(vii) $10,453,333 for the period of October 1, 2004, 

through May 31, 2005. 

ø(C) ALLOCATION OF FUNDS.—Of the funds made available by or appropriated under this paragraph for a fiscal 

year or any portion of a fiscal year— 

ø(i) 82.72 percent shall be available for metropolitan 

planning under sections 5303, 5304, and 5305; and 

ø(ii) 17.28 percent shall be available for State planning under section 5313(b). 

ø(d) RESEARCH.— ø(1) FISCAL YEAR 1998.—There are authorized to be appropriated to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 

5315, and 5322, $44,250,000 for fiscal year 1998. 

ø(2) FISCAL YEARS 1999 THROUGH 2004 AND FOR THE PERIOD

OF OCTOBER 1, 2004, THROUGH MAY 31, 2005.— 

ø(A) FROM THE TRUST FUND.—There shall be available 

from the Mass Transit Account of the Highway Trust Fund 

to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, 

and 5322— 

ø(i) $36,000,000 for fiscal year 1999; 

ø(ii) $37,600,000 for fiscal year 2000; 

ø(iii) $37,600,000 for fiscal year 2001; 

ø(iv) $39,200,000 for fiscal year 2002; 

ø(v) $39,200,000 for fiscal year 2003; 

ø(vi) $42,200,000 for fiscal year 2004; and 

ø(vii) $28,266,667 for the period of October 1, 2004, 

through May 31, 2005. 

ø(B) FROM THE GENERAL FUND.—In addition to amounts 

made available under subparagraph (A), there are authorVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00763 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
762 

ized to be appropriated to carry out sections 5311(b)(2), 

5312, 5313(a), 5314, 5315, and 5322— 

ø(i) $9,000,000 for fiscal year 1999; 

ø(ii) $9,400,000 for fiscal year 2000; 

ø(iii) $9,400,000 for fiscal year 2001; 

ø(iv) $9,800,000 for fiscal year 2002; 

ø(v) $9,800,000 for fiscal year 2003; 

ø(vi) $10,800,000 for fiscal year 2004; and 

ø(vii) $7,066,667 for the period of October 1, 2004, 

through May 31, 2005. 

ø(C) ALLOCATION OF FUNDS.—Of the funds made available by or appropriated under this paragraph for a fiscal 

year (other than for the period of October 1, 2004, through 

May 31, 2005)— 

ø(i) not less than $5,250,000 shall be available for 

providing rural transportation assistance under section 5311(b)(2); 

ø(ii) not less than $8,250,000 shall be available for 

carrying out transit cooperative research programs 

under section 5313(a); 

ø(iii) not less than $4,000,000 shall be available to 

carry out programs under the National Transit Institute under section 5315, including not more than 

$1,000,000 shall be available to carry out section 

5315(a)(16); and 

ø(iv) the remainder shall be available for carrying 

out national planning and research programs under 

sections 5311(b)(2), 5312, 5313(a), 5314, and 5322. 

ø(e) UNIVERSITY TRANSPORTATION RESEARCH.— 

ø(1) FISCAL YEAR 1998.—Subject to paragraph (2)(C), there 

are authorized to be appropriated to carry out section 5505 

$6,000,000 for fiscal year 1998. 

ø(2) FISCAL YEARS 1999 THROUGH 2004 AND FOR THE PERIOD

OF OCTOBER 1, 2004, THROUGH MAY 31, 2005.— 

ø(A) FROM THE TRUST FUND.—Subject to subparagraph 

(C), there shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 

5505, $4,800,000 for each of fiscal years 1999 through 2004 

and $3,200,000 for the period of October 1, 2004, hrough 

May 31, 2005. 

ø(B) FROM THE GENERAL FUND.—Subject to subparagraph (C), in addition to amounts made available under 

subparagraph (A), there are authorized to be appropriated 

to carry out section 5505, $1,200,000 for each of fiscal 

years 1999 through 2004 and $800,000 for the period of 

October 1, 2004, through May 31, 2005. 

ø(C) FUNDING OF CENTERS.— 

ø(i) Of the amounts made available under subparagraph (A) and paragraph (1) for each fiscal year (other 

than for the period of October 1, 2004, through May 

31, 2005)— 

ø(I) $2,000,000 shall be available for the center 

identified in section 5505(j)(4)(A); and 

ø(II) $2,000,000 shall be available for the center 

identified in section 5505(j)(4)(F). 

763 

ø(ii) For each of fiscal years 1998 through 2001, of 

the amounts made available under this paragraph and 

paragraph (1)— 

ø(I) $400,000 shall be available from amounts 

made available under subparagraph (A) of this 

paragraph and under paragraph (1) for each of the 

centers identified in subparagraphs (E) and (F) of 

section 5505(j)(3); and 

ø(II) $350,000 shall be available from amounts 

made available under subparagraph (B) of this 

paragraph and under paragraph (1) for each of the 

centers identified in subparagraphs (E) and (F) of 

section 5505(j)(3). 

ø(iii) Any amounts made available under this paragraph or paragraph (1) for any fiscal year (other than 

for the period of October 1, 2004, through May 31, 

2005) that remain after distribution under clauses (i) 

and (ii), shall be available for the purposes identified 

in section 3015(d) of the Federal Transit Act of 1998. 

ø(3) SPECIAL RULE.—Nothing in this subsection shall be construed to limit the transportation research conducted by the 

centers funded by this section. 

ø(f) ADMINISTRATION.— ø(1) FISCAL YEAR 1998.—There are authorized to be appro- priated to carry out section 5334, $45,738,000 for fiscal year 

1998. 

ø(2) FISCAL YEARS 1999 THROUGH 2004 AND FOR THE PERIOD

OF OCTOBER 1, 2004, THROUGH MAY 31, 2005.— 

ø(A) FROM THE TRUST FUND.—There shall be available 

from the Mass Transit Account of the Highway Trust Fund 

to carry out section 5334— 

ø(i) $43,200,000 for fiscal year 1999; 

ø(ii) $48,000,000 for fiscal year 2000; 

ø(iii) $51,200,000 for fiscal year 2001; 

ø(iv) $53,600,000 for fiscal year 2002; 

ø(v) $58,400,000 for fiscal year 2003; 

ø(vi) $60,400,000 for fiscal year 2004; and 

ø(vii) $41,600,000 for the period of October 1, 2004, 

through May 31, 2005. 

ø(B) FROM THE GENERAL FUND.—In addition to amounts 

made available under subparagraph (A), there are authorized to be appropriated to carry out section 5334— 

ø(i) $10,800,000 for fiscal year 1999; 

ø(ii) $12,000,000 for fiscal year 2000; 

ø(iii) $12,800,000 for fiscal year 2001; 

ø(iv) $13,400,000 for fiscal year 2002; 

ø(v) $14,600,000 for fiscal year 2003; 

ø(vi) $15,100,000 for fiscal year 2004; and 

ø(vii) $10,400,000 for the period of October 1, 2004, 

through May 31, 2005. 

ø(g) GRANTS AS CONTRACTUAL OBLIGATIONS.— ø(1) GRANTS FINANCED FROM THE HIGHWAY TRUST FUND.—A 

grant or contract approved by the Secretary, that is financed 

with amounts made available under subsection (a)(1)(A), 

(a)(2)(A), (b)(1), (b)(2)(A), (c)(2)(A), (d)(2)(A), (e)(2)(A), or 

764 

(f)(2)(A) is a contractual obligation of the United States Government to pay the Government’s share of the cost of the 

project. 

ø(2) GRANTS FINANCED FROM GENERAL FUNDS.—A grant or 

contract, approved by the Secretary, that is financed with 

amounts made available under subsection (a)(1)(B), (a)(2)(B), 

(b)(2)(B), (c)(1), (c)(2)(B), (d)(1), (d)(2)(B), (e)(1), (e)(2)(B), (f)(1), 

(f)(2)(B), or (h) is a contractual obligation of the Government 

to pay the Government’s share of the cost of the project only 

to the extent that amounts are provided in advance in an appropriations Act. 

ø(h) ADDITIONAL AMOUNTS.—In addition to amounts made available by or appropriated under subsections (a) through (f) under the 

Transportation Discretionary Spending Guarantee for the Mass 

Transit Category, there are authorized to be appropriated— 

ø(1) to carry out sections 5303, 5304, 5305, and 5313(b)— 

ø(A) for fiscal year 1999, $32,000,000; 

ø(B) for fiscal year 2000, $33,000,000; 

ø(C) for fiscal year 2001, $34,000,000; 

ø(D) for fiscal year 2002, $35,000,000; and 

ø(E) for fiscal year 2003, $36,000,000; 

ø(2) to carry out section 5307, $150,000,000 for each of fiscal 

years 1999 through 2003; 

ø(3) to carry out section 5308, $100,000,000 for each of fiscal 

years 1999 through 2003; 

ø(4) to carry out section 5309(m)(1)(A), $100,000,000 for each 

of fiscal years 1999 through 2003; 

ø(5) to carry out section 5309(m)(1)(B)— 

ø(A) for fiscal year 1999 $400,000,000; 

ø(B) for fiscal year 2000 $410,000,000; 

ø(C) for fiscal year 2001 $420,000,000; 

ø(D) for fiscal year 2002 $430,000,000; and 

ø(E) for fiscal year 2003 $430,000,000; 

ø(6) to carry out section 5309(m)(1)(C), $100,000,000 for each 

of fiscal years 1999 through 2003; 

ø(7) to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 

5315, and 5322— 

ø(A) for fiscal year 1999, $31,000,000; 

ø(B) for fiscal year 2000, $31,000,000; 

ø(C) for fiscal year 2001, $33,000,000; 

ø(D) for fiscal year 2002, $33,000,000; and 

ø(E) for fiscal year 2003, $34,000,000; and 

ø(8) to carry out section 5334— 

ø(A) for fiscal year 1999, $13,000,000; 

ø(B) for fiscal year 2000, $14,000,000; 

ø(C) for fiscal year 2001, $16,000,000; 

ø(D) for fiscal year 2002, $17,000,000; and 

ø(E) for fiscal year 2003, $18,000,000. 

ø(i) AVAILABILITY OF AMOUNTS.—Amounts made available by or 

appropriated under subsections (a) through (e), and paragraphs (1) 

through (7) of subsection (h), shall remain available until expended.¿ 

§ 5338. Authorizations 

(a) FORMULA GRANTS.— 

765 

(1) FISCAL YEAR 2004.— (A) FROM TRUST FUND.—There shall be available from 

the Mass Transit Account of the Highway Trust Fund to 

carry out sections 5307, 5308, 5310, 5311, 5316, 5317, and 

5318 of this chapter, 1118(b) of the Transportation Equity 

Act: A Legacy for Users (relating to the nonmotorized transportation pilot program), and section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 

112 Stat. 392–393) $3,132,304,000 for fiscal year 2004. 

(B) FROM GENERAL FUND.—In addition to amounts made 

available under subparagraph (A), there are authorized to 

be appropriated to carry out sections 5307, 5308, 5310, 

5311, 5316, and 5318 of this chapter, 1118(b) of the Transportation Equity Act: A Legacy for Users (relating to the 

nonmotorized transportation pilot program), and section 

3038 of the Transportation Equity Act for the 21st Century 

(49 U.S.C. 5310 note; 112 Stat. 392–393) $783,076,000 for 

fiscal year 2004. 

(C) ALLOCATION OF FUNDS.—Of the aggregate of amounts 

made available by and appropriated under this paragraph 

for a fiscal year— 

(i) $4,849,950 shall be available to the Alaska Railroad for improvements to its passenger operations 

under section 5307; 

(ii) $125,000,000 shall be available to provide job access and reverse commute formula grants under section 

5316; 

(iii) $50,000,000 shall be available to provide clean 

fuels formula grants under section 5308; 

(iv) $8,000,000 shall be available to provide over-theroad bus accessibility grants under section 3038 of the 

Transportation Equity Act for the 21st Century (49 

U.S.C. 5310 note); 

(v) $3,100,000 shall be available to carry out bus 

testing under section 5318; (vi) $93,110,751 shall be available to provide transportation services to elderly individuals and individuals with disabilities under section 5310; 

(vii) $297,954,404 shall be available to provide financial assistance for other than urbanized areas 

under section 5311; and 

(viii) $3,333,364,895 shall be available to provide financial assistance for urbanized areas under section 

5307, subject to section 3041(h) of the Federal Public 

Transportation Act of 2005. 

(2) FISCAL YEARS 2005 THROUGH 2009.— 

(A) FROM TRUST FUND.—There shall be available from 

the Mass Transit Account of the Highway Trust Fund to 

carry out sections 5307, 5308, 5310, 5311, 5316, 5317, 

5318, and 5320 of this chapter, section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 

note; 112 Stat. 392–393), and section 1118(b) of the Transportation Equity Act: A Legacy for Users (relating to the 

nonmotorized transportation pilot program)— (i) $4,133,500,000 for fiscal year 2005; 

766 

(ii) $4,592,000,000 for fiscal year 2006; 

(iii) $4,898,000,000 for fiscal year 2007; 

(iv) $5,223,000,000 for fiscal year 2008; and 

(v) $5,570,000,000 for fiscal year 2009. 

(B) ALLOCATION OF FUNDS FOR BUS TESTING AND OVERTHE-ROAD BUS ACCESSIBILITY.—Of the aggregate of 

amounts made available by this paragraph for a fiscal 

year— 

(i) $3,100,000 shall be available to carry out section 

5318; and 

(ii) $8,000,000 shall be available to carry out section 

3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note). 

(C) ALLOCATION OF FUNDS FOR CLEAN FUELS FORMULA

GRANT PROGRAM.—Of the aggregate of amounts made 

available by this paragraph, $75,000,000 for fiscal year 

2005 and $100,000,000 for each of fiscal years 2006, 2007, 

2008, and 2009 shall be available to carry out section 5308. 

(D) ALLOCATION OF FUNDS FOR JOB ACCESS AND REVERSE

COMMUTE FORMULA GRANT PROGRAM.—Of the aggregate of 

amounts made available by this paragraph, $150,000,000 

for fiscal year 2005, $175,000,000 for fiscal year 2006, 

$200,000,000 for fiscal year 2007, $200,000,000 for fiscal 

year 2008, and $200,000,000 for fiscal year 2009 shall be 

available to carry out section 5316. 

(E) ALLOCATION OF FUNDS FOR NEW FREEDOM PROGRAM.—Of the aggregate of amounts made available by this 

paragraph, $95,000,000 for fiscal year 2005, $100,000,000 

for fiscal year 2006, $105,000,000 for fiscal year 2007, 

$115,000,000 for fiscal year 2008, and $125,000,000 for fiscal year 2009 shall be available to carry out section 5317. 

(F) ALLOCATION OF FUNDS FOR TRANSIT IN THE PARKS

PILOT PROGRAM.—Of the aggregate of amounts made available by this paragraph, $8,000,000 for fiscal year 2005, 

$16,000,000 for fiscal year 2006, $16,000,000 for fiscal year 

2007, $16,000,000 for fiscal year 2008, and $16,000,000 for 

fiscal year 2009 shall be available to carry out section 

5320. 

(G) ALLOCATION OF FUNDS FOR NONMOTORIZED TRANSPORTATION PILOT PROGRAM.—Of the aggregate of amounts 

made available by this paragraph, $4,000,000 for fiscal 

year 2005, $4,000,000 for fiscal year 2006, $4,000,000 for 

fiscal year 2007, $8,000,000 for fiscal year 2008, and 

$8,000,000 for fiscal year 2009 shall be available to carry 

out section 1118(b) of the Transportation Equity Act: A Legacy for Users (relating to the nonmotorized transportation 

pilot program). 

(H) ALLOCATION OF FUNDS FOR THE ALASKA RAILROAD.— 

Of the aggregate of amounts made available by this paragraph, $10,000,000 for fiscal year 2005, $11,000,000 for fiscal year 2006, $12,000,000 for fiscal year 2007, $13,000,000 

for fiscal year 2008, and $14,000,000 for fiscal year 2009 

shall be available to the Alaska Railroad for improvements 

to its passenger operations under section 5307. 

767 

(I) REMAINDER.—Of the remainder of the aggregate 

amounts made available by this paragraph for a fiscal year 

after the allocations under subparagraphs (B) through (H) 

for such fiscal year— 

(i) 2.5 percent shall be available to provide transportation services to elderly individuals and individuals 

with disabilities under section 5310; 

(ii) 8.0 percent shall be available to provide financial 

assistance for other than urbanized areas under section 

5311; and 

(iii) 89.5 percent shall be available to provide financial assistance for urbanized areas under section 5307, 

subject to section 3041(h) of the Federal Public Transportation Act of 2005. 

(b) CAPITAL PROGRAM GRANTS IN FISCAL YEAR 2004.— 

(1) FROM TRUST FUND.—There shall be available from the 

Mass Transit Account of the Highway Trust Fund to carry out 

section 5309, $2,499,504,000 for fiscal year 2004. 

(2) FROM GENERAL FUND.—In addition to amounts made 

available by paragraph (1), there is authorized to be appropriated to carry out section 5309, $624,876,200 for fiscal year 

2004. 

(c) PLANNING.— 

(1) FISCAL YEAR 2004.— 

(A) FROM TRUST FUND.—There shall be available from 

the Mass Transit Account of the Highway Trust Fund to 

carry out sections 5303, 5304, and 5305, $72,660,000 for 

fiscal year 2004. 

(B) FROM GENERAL FUND.—In addition to amounts made 

available by subparagraph (A), there is authorized to be appropriated to carry out sections 5303, 5304, and 5305, 

$18,165,000 for fiscal year 2004. 

(2) FISCAL YEARS 2005 THROUGH 2009.— 

(A) FROM THE TRUST FUND.—There shall be available 

from the Mass Transit Account of the Highway Trust Fund 

to carry out sections 5303, 5304, and 5305— 

(i) $96,875,000 for fiscal year 2005; 

(ii) $103,325,000 for fiscal year 2006; 

(iii) $110,200,000 for fiscal year 2007; 

(iv) $117,537,500 for fiscal year 2008; and 

(v) $125,362,500 for fiscal year 2009. 

(B) ALLOCATION OF FUNDS.—Of the funds made available 

by this paragraph for a fiscal year— 

(i) 82.72 percent shall be available for metropolitan 

planning under sections 5303, 5304, and 5305 (other 

than 5305(e)); and 

(ii) 17.28 percent shall be available for State planning under section 5305(e). 

(d) RESEARCH.— 

(1) FISCAL YEAR 2004.— 

(A) FROM TRUST FUND.—There shall be available from 

the Mass Transit Account of the Highway Trust Fund to 

carry out sections 5311(b), 5312, 5313, 5314, 5315, 5322, 

and 5335, $41,888,000 for fiscal year 2004. 

768 

(B) FROM GENERAL FUND.—In addition to amounts made 

available by subparagraph (A), there is authorized to be appropriated to carry out sections 5311(b), 5312, 5313, 5314, 

5315, 5322, and 5335, $10,472,000 for fiscal year 2004. 

(C) ALLOCATION OF FUNDS.—Of the funds made available 

by or appropriated pursuant to this paragraph for fiscal 

year 2004— 

(i) not less than $4,500,000 shall be available to 

carry out programs under the National Transit Institute under section 5315; 

(ii) not less than $3,500,000 shall be available to 

carry out section 5335; 

(iii) not less than $3,500,000 shall be available to 

carry out section 5314(a)(2); and 

(iv) not less than $8,860,000 shall be available to 

carry out section 5313(a). 

(2) FISCAL YEARS 2005 THROUGH 2009.— 

(A) FROM THE GENERAL FUND.—There is authorized to be 

appropriated to carry out sections 5312, 5313, 5314, 5315, 

5322, and 5335— 

(i) $54,500,000 for fiscal year 2005; 

(ii) $57,000,000 for fiscal year 2006; 

(iii) $59,500,000 for fiscal year 2007; 

(iv) $62,000,000 for fiscal year 2008; and 

(v) $64,500,000 for fiscal year 2009. 

(B) ALLOCATION OF FUNDS.—Of the funds appropriated 

pursuant to this paragraph for a fiscal year— 

(i) not less than $4,500,000 shall be available to 

carry out programs under the National Transit Institute under section 5315; 

(ii) not less than $3,500,000 shall be available to 

carry out section 5335; and 

(iii) not less than $3,500,000 shall be available to 

carry out section 5314(a)(2). 

(C) TRANSIT COOPERATIVE RESEARCH PROGRAM.—Of the 

funds appropriated pursuant to this paragraph, $9,000,000 

for fiscal year 2005, $9,500,000 for fiscal year 2006, 

$10,000,000 for fiscal year 2007, $10,500,000 for fiscal year 

2008, and $11,000,000 for fiscal year 2009 shall be available to carry out section 5313(a). 

(D) REMAINDER.—The remainder of the funds appropriated pursuant to this paragraph for a fiscal year after 

the allocations under subparagraphs (A) and (B) for such 

fiscal year shall be available to carry out national research 

and technology programs under sections 5312, 5314, and 

5322. 

(e) UNIVERSITY TRANSPORTATION RESEARCH.— 

(1) FISCAL YEAR 2004.— 

(A) FROM TRUST FUND.—There shall be available from 

the Mass Transit Account of the Highway Trust Fund to 

carry out sections 5505 and 5506, $6,400,000 for fiscal year 

2004. 

(B) FROM GENERAL FUND.—In addition to amounts made 

available by subparagraph (A), there is authorized to be apVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00770 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
769 

propriated to carry out sections 5505 and 5506, $1,600,000 

for fiscal year 2004. 

(2) FISCAL YEARS 2005 THROUGH 2009.—Subject to paragraph 

(3), there is authorized to be appropriated to carry out sections 

5505 and 5506, $8,000,000 for each of fiscal years 2005 through 

2009. 

(3) FUNDING OF UNIVERSITY TRANSPORTATION CENTERS.— (A) IN GENERAL.—Of the amounts made available by and appropriated under paragraphs (1) and (2) $2,000,000 for 

each of fiscal years 2004, 2005, and 2006 shall be available 

for the institution identified in section 5505(j)(3)(E), as so 

in effect. 

(B) USE OF FUNDS.—Funds made available for the institution identified in subparagraph (A)(iii) shall be used to 

make grants under 5506(f)(5) for that institution 

(C) SPECIAL RULE.—Nothing in this subsection shall be 

construed to limit the transportation research conducted by 

the centers funded by this section. 

(f) ADMINISTRATION.— 

(1) FISCAL YEAR 2004.— 

(A) FROM TRUST FUND.—There shall be available from 

the Mass Transit Account of the Highway Trust Fund to 

carry out section 5334, $60,044,000 for fiscal year 2004. 

(B) FROM GENERAL FUND.—In addition to amounts made 

available under subparagraph (A), there are authorized to 

be appropriated to carry out section 5334, $15,011,000 for 

fiscal year 2004. 

(2) FISCAL YEARS 2005 THROUGH 2009.—There are authorized 

to be appropriated to carry out section 5334— (A) $78,000,000 for fiscal year 2005; 

(B) $80,000,000 for fiscal year 2006; 

(C) $82,000,000 for fiscal year 2007; 

(D) $84,000,000 for fiscal year 2008; and 

(E) $86,000,000 for fiscal year 2009. 

(g) TRUST FUND CAPITAL PROGRAM GRANTS.—There shall be 

available from the Mass Transit Account of the Highway Trust 

Fund to carry out sections 5309(m)(2)(B)(i) and 5309(m)(2)(B)(iii)— (1) $1,884,255,000 for fiscal year 2005; 

(2) $2,080,005,000 for fiscal year 2006; 

(3) $2,210,580,000 for fiscal year 2007; 

(4) $2,366,677,500 for fiscal year 2008; and 

(5) $2,518,882,500 for fiscal year 2009. 

(h) GENERAL FUND CAPITAL PROGRAM GRANTS.—There are authorized to be appropriated to carry out sections 5309(m)(2)(A) and 

5309(m)(2)(B)(ii)— 

(1) $1,391,170,000 for fiscal year 2005; 

(2) $1,561,670,000 for fiscal year 2006; 

(3) $1,673,720,000 for fiscal year 2007; 

(4) $1,777,785,000 for fiscal year 2008; and 

(5) $1,904,255,000 for fiscal year 2009. 

(i) GRANTS AS CONTRACTUAL OBLIGATIONS.— (1) GRANTS FINANCED FROM HIGHWAY TRUST FUND.—A grant 

or contract approved by the Secretary, that is financed with 

amounts made available under subsection (a)(l)(A), (a)(2), 

(b)(1), (c)(2), (d)(1)(A), (e)(1)(A), (f)(1)(A), or (g) is a contractual 

770 

obligation of the Government to pay the Government’s share of 

the cost of the project. 

(2) GRANTS FINANCED FROM GENERAL FUND.—A grant or contract, approved by the Secretary, that is financed with amounts 

made available under subsection (a)(l)(B), (b)(2), (c)(1)(B), 

(d)(1)(B), (d)(2), (e)(1)(B), (e)(2), (f)(1)(B), (f)(2), or (h) is a contractual obligation of the Government to pay the Government’s 

share of the cost of the project only to the extent that amounts 

are provided in advance in an appropriations Act. 

(j) AVAILABILITY OF AMOUNTS.—Amounts made available by or 

appropriated under subsections (a) through (h) shall remain available until expended. 

* * * * * * * 

CHAPTER 55—INTERMODAL TRANSPORTATION 

SUBCHAPTER I—GENERAL 

Sec. 

5501. National Intermodal Transportation System policy. 

* * * * * * * 

ø5505. University transportation research. 

ø5506. Advanced vehicle technologies program.¿ 

5505. National university transportation centers. 

5506. University transportation research. 

5507. Advanced heavy-duty vehicle technologies research program. 

* * * * * * * 

SUBCHAPTER I—GENERAL 

* * * * * * * 

§ 5502. Intermodal Transportation Advisory Board 

(a) * * * 

(b) MEMBERSHIP.—The Board consists of the Secretary, who 

serves as chairman, and the Administrator, or the Administrator’s 

designee, of— 

(1) * * * 

* * * * * * * 

(4) the Federal Railroad Administration; øand¿ 

(5) the Federal Transit Administrationø.¿; and 

(6) the Federal Motor Carrier Safety Administration. 

* * * * * * * 

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 

771 

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: 

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. 

772 

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. 

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. 

773 

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. 

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. 

ø§ 5506. Advanced vehicle technologies program 

ø(a) PURPOSES.—The Secretary of Transportation, in coordination 

with other government agencies and private consortia, shall encourage and promote the research, development, and deployment of 

transportation technologies that will use technological advances in 

multimodal vehicles, vehicle components, environmental technologies, and related infrastructure to remove impediments to an 

efficient, safe, and cost-effective national transportation system. 

ø(b) DEFINITION OF ELIGIBLE CONSORTIUM.—In this section, the 

term ‘‘eligible consortium’’ means a consortium that receives fundVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00775 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
774 

ing under the Department of Defense Appropriations Act, 1993 

(Public Law 102–396; 106 Stat. 1876), and that comprises 2 or 

more of the following entities: 

ø(1) Businesses incorporated in the United States. 

ø(2) Public or private educational or research organizations 

located in the United States. 

ø(3) Entities of State or local governments in the United 

States. 

ø(4) Federal laboratories. 

ø(c) PROGRAM.—The Secretary shall enter into contracts, cooperative agreements, and other transactions as authorized by section 

2371 of title 10 with, and make grants to, eligible consortia to promote the development and deployment of innovation in transportation technology services, management, and operational practices. 

ø(d) ELIGIBILITY CRITERIA.—To be eligible to receive assistance 

under this section, an eligible consortium shall— 

ø(1) for a period of not less than the 3 years preceding the 

date of a contract, cooperative agreement, or other transaction, 

be organized on a statewide or multistate basis for the purpose 

of designing, developing, and deploying transportation technologies that address identified technological impediments in 

the transportation field; 

ø(2) facilitate the participation in the consortium of smalland medium-sized businesses, utilities, public laboratories and 

universities, and other relevant entities; 

ø(3) be actively engaged in transportation technology projects 

that address compliance in nonattainment areas under the 

Clean Air Act (42 U.S.C. 7401 et seq.); 

ø(4) be designed to use Federal and State funding to attract 

private capital in the form of grants or investments to carry 

out this section; and 

ø(5) ensure that at least 50 percent of the funding for the 

consortium project will be provided by non-Federal sources. 

ø(e) PROPOSALS.—The Secretary shall prescribe such terms and 

conditions as the Secretary determines to be appropriate for the 

content and structure of proposals submitted for assistance under 

this section. 

ø(f) REPORTING REQUIREMENTS.—At least once each year, the 

Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Environment and Public Works of the Senate a report on the 

projects undertaken by the eligible consortia and the progress 

made in advancing the purposes of this section. 

ø(g) AUTHORIZATION OF APPROPRIATIONS.— 

ø(1) IN GENERAL.—There is authorized to be appropriated to 

carry out this section $50,000,000 for each of fiscal years 1999 

through 2003, to remain available until expended. 

ø(2) AVAILABILITY.—Notwithstanding section 118(a), funds 

made available under paragraph (1) shall not be available in 

advance of an annual appropriation.¿ 

§ 5505. National university Transportation centers 

(a) IN GENERAL.— 

(1) ESTABLISHMENT AND OPERATION.—The Secretary of 

Transportation shall make grants under this section to eligible 

775 

nonprofit institutions of higher learning to establish and operate national university transportation centers. 

(2) ROLE OF CENTERS.—The role of each center shall be to advance significantly transportation research on critical national 

transportation issues and to expand the workforce of transportation professionals. 

(b) APPLICABILITY OF REQUIREMENTS.—A grant received by an eligible nonprofit institution of higher learning under this section 

shall be available for the same purposes, and shall be subject to the 

same terms and conditions, as a grant made to a nonprofit institution of higher learning under section 5506. 

(c) ELIGIBLE NONPROFIT INSTITUTION OF HIGHER LEARNING DEFINED.—In this section, the term ‘‘eligible nonprofit institution of 

higher learning’’ means each of the lead institutions identified in 

subsections (j)(4)(A), (j)(4)(B), and (j)(4)(F) of section 5505 as in effect on the day before the date of enactment of the Transportation 

Equity Act: A Legacy for Users, the university referred to in section 

704 of Public Law 103–206 (107 Stat. 2447), and the university 

that, as of the day before such date of enactment, is the lead institution for the regional university transportation center for region 5 of 

the Standard Federal Regional Boundary System. 

(d) GRANTS.—In each of fiscal years 2004 through 2009, the Secretary shall make a grant under this section to each eligible nonprofit institution of higher learning in an amount not to exceed 

$3,500,000. 

§ 5506. University Transportation research 

(a) IN GENERAL.—The Secretary of Transportation shall make 

grants under this section to nonprofit institutions of higher learning 

to establish and operate university transportation centers. 

(b) OBJECTIVES.—Grants received under this section shall be used 

by nonprofit institutions of higher learning to advance significantly 

the state-of-the-art in transportation research and expand the workforce of transportation professionals through the following programs 

and activities: 

(1) RESEARCH.—Basic and applied research, the products of 

which are judged by peers or other experts in the field of transportation to advance the body of knowledge in transportation. 

(2) EDUCATION.—An education program relating to transportation that includes multidisciplinary course work and participation in research. 

(3) TECHNOLOGY TRANSFER.—An ongoing program of technology transfer that makes transportation research results 

available to potential users in a form that can be implemented, 

utilized, or otherwise applied. 

(c) REGIONAL, TIER I, AND TIER II CENTERS.— 

(1) IN GENERAL.—For each of fiscal years 2004 through 2009, 

the Secretary shall make grants under subsection (a) to nonprofit institutions of higher learning to establish and operate— 

(A) 10 regional university transportation centers; and 

(B) 10 Tier I university transportation centers. 

(2) TIER II CENTERS.—For each of fiscal years 2005 through 

2009, the Secretary shall make grants under subsection (a) to 

nonprofit institutions of higher learning to establish and operate 10 Tier II university transportation centers. 

776 

(3) LOCATION OF REGIONAL CENTERS.—One regional university transportation center shall be located in each of the 10 

United States Government regions that comprise the Standard 

Federal Regional Boundary System. 

(4) LIMITATION.—A nonprofit institution of higher learning 

may not directly receive a grant under this section for a fiscal 

year for more than one university transportation center. 

(d) COMPETITIVE SELECTION PROCESS.— (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. 

(2) GENERAL 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: 

(A) The demonstrated research and extension resources 

available to the recipient to carry out this section. 

(B) The capability of the recipient to provide leadership 

in making national and regional contributions to the solution of immediate and long-range transportation problems. 

(C) The recipient’s demonstrated commitment of at least 

$400,000 each year in regularly budgeted institutional 

amounts to support ongoing transportation research and 

education programs. 

(D) The recipient’s demonstrated ability to disseminate 

results of transportation research and education programs 

through a statewide or regionwide continuing education 

program. 

(E) The strategic plan the recipient proposes to carry out 

under the grant. 

(e) REGIONAL UNIVERSITY TRANSPORTATION CENTERS.— (1) COMPETITION.—Not later than August 31, 2005, and not 

later than March 31st of every 4th year thereafter, the Secretary 

shall complete a competition among nonprofit institutions of 

higher learning for grants to establish and operate the 10 regional university transportation centers referred to in subsection 

(c)(1)(A). 

(2) SELECTION CRITERIA.—In conducting a competition under 

paragraph (1), the Secretary shall select a nonprofit institution 

of higher learning on the basis of— 

(A) the criteria described in subsection (d)(2); 

(B) the location of the center within the Federal region to 

be served; and 

(C) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) can demonstrate that it has a well-established, nationally recognized program in transportation research and education, as 

evidenced by— (i) not less than $2,000,000 in highway or public 

transportation research expenditures each year for each 

of the preceding 5 years; 

(ii) not less than 10 graduate degrees awarded in 

professional fields closely related to highways and pubVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00778 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
777 

lic transportation for year for each of the preceding 5 

years; and 

(iii) not less than 5 tenured or tenure-track faculty 

members who specialize on a full-time basis in professional fields closely related to highways and public 

transportation who, as a group, have published a total 

at least 50 refereed journal publications on highway or 

public transportation research during the preceding 5 

years. 

(3) GRANT RECIPIENTS.—After selecting a nonprofit institution 

of higher learning as a grant recipient on the basis of a competition conducted under this subsection, the Secretary shall 

make a grant to the recipient to establish and operate a regional university transportation center in each of the first 4 fiscal years beginning after the date of the competition. 

(4) SPECIAL RULE FOR FISCAL YEARS 2004 AND 2005.—For each 

of fiscal years 2004 and 2005, the Secretary shall make a grant 

under this section to each of the 10 nonprofit institutions of 

higher learning that were competitively selected for grants by 

the Secretary under this section in July 1999 to operate regional 

university transportation centers. 

(5) AMOUNT OF GRANTS.—For each of fiscal years 2004 

through 2009, a grant made by the Secretary to a nonprofit institution of higher learning for a fiscal year to establish and operate a regional university transportation center shall not exceed $3,500,000. 

(f) TIER I UNIVERSITY TRANSPORTATION CENTERS.— 

(1) COMPETITION.—Not later than March 31, 2006, and not 

later than March 31st of every 4th year thereafter, the Secretary 

shall complete a competition among nonprofit institutions of 

higher learning for grants to establish and operate the 10 Tier 

I university transportation centers referred to in subsection 

(c)(1)(B). 

(2) SELECTION CRITERIA.—In conducting a competition under 

paragraph (1), the Secretary shall select a nonprofit institution 

of higher learning on the basis of— 

(A) the criteria described in subsection (d)(2); and 

(B) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) can demonstrate that it has an established, recognized program in 

transportation research and education, as evidenced by— 

(i) not less than $1,000,000 in highway or public 

transportation research expenditures each year for each 

of the preceding 5 years or not less than $6,000,000 in 

such expenditures during the 5 preceding years; 

(ii) not less than 5 graduate degrees awarded in professional fields closely related to highways and public 

transportation each year for each of the preceding 5 

years; and 

(iii) not less than 3 tenured or tenure-track faculty 

members who specialize on a full-time basis in professional fields closely related to highways and public 

transportation who, as a group, have published a total 

at least 20 refereed journal publications on highway or 

778 

public transportation research during the preceding 5 

years. 

(3) GRANT RECIPIENTS.—After selecting a nonprofit institution 

of higher learning as a grant recipient on the basis of a competition conducted under this subsection, the Secretary shall 

make a grant to the recipient to establish and operate a Tier I 

university transportation center in each of the first 4 fiscal 

years beginning after the date of the competition. 

(4) SPECIAL RULE FOR FISCAL YEARS 2004, 2005, AND 2006.—For 

each of fiscal years 2004, 2005, and 2006, the Secretary shall 

make a grant under this section to each of the 10 nonprofit institutions of higher learning that were competitively selected for 

grant awards by the Secretary under this section in May 2002 

to operate university transportation centers (other than regional 

centers). 

(5) AMOUNT OF GRANTS.—A grant made by the Secretary to 

a nonprofit institution of higher learning for a fiscal year to establish and operate a Tier I university transportation center 

shall not exceed $1,000,000 for fiscal year 2004 and $1,500,000 

for each of fiscal years 2005 through 2009. 

(g) TIER II UNIVERSITY TRANSPORTATION CENTERS.— (1) COMPETITION.—Not later than 60 days after the date of 

enactment of the Transportation Equity Act: A Legacy for Users, 

not later than March 31, 2008, and not later than March 31st 

of every 4th year thereafter, the Secretary shall complete a competition among nonprofit institutions of higher learning for 

grants to establish and operate the 10 Tier II university transportation centers referred to in subsection (c)(2). 

(2) SELECTION CRITERIA.—In conducting a competition under 

paragraph (1), the Secretary shall select a nonprofit institution 

of higher learning on the basis of the criteria described in subsection (f)(2). 

(3) GRANT RECIPIENTS.—After selecting a nonprofit institution 

of higher learning as a grant recipient on the basis of a competition conducted under this subsection, the Secretary shall— 

(A) in the case of the competition to be completed not 

later than 60 days after the date of enactment of the Transportation Equity Act: A Legacy for Users, make a grant to 

the recipient to establish and operate a Tier II university 

transportation center in each of fiscal years 2005 through 

2008; and 

(B) in the case of each subsequent competition, make a 

grant to the recipient to establish and operate a Tier II university transportation center in each of the first 4 fiscal 

years beginning after the date of the competition. 

(4) AMOUNT OF GRANTS.—For each of fiscal years 2005 

through 2009, a grant made by the Secretary to a nonprofit institution of higher learning for a fiscal year to establish and operate a Tier II university transportation center shall not exceed 

$1,000,000. 

(h) SUPPORT OF NATIONAL STRATEGY FOR SURFACE TRANSPOR- TATION RESEARCH.—In order to be eligible to receive a grant under 

this section, a nonprofit institution of higher learning shall provide 

assurances satisfactory to the Secretary that the research and education activities of its university transportation center will support 

779 

the national strategy for surface transportation research, as identified by— 

(1) the report of the National Highway Research and Technology Partnership entitled ‘‘Highway Research and Technology: The Need for Greater Investment’’, dated April 2002; 

and 

(2) the programs of the National Research and Technology 

Program of the Federal Transit Administration. 

(i) MAINTENANCE OF EFFORT.—In order to be eligible to receive a 

grant under this section, a nonprofit institution of higher learning 

shall enter into an agreement with the Secretary to ensure that the 

institution 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. 

(j) FEDERAL SHARE.—The Federal share of the costs of activities 

carried out using a grant made under this section shall be 50 percent of such costs. The non-Federal share may include funds provided to a recipient under section 503, 504(b), or 505 of title 23. 

(k) PROGRAM COORDINATION.— (1) COORDINATION.—The Secretary shall coordinate the research, education, and technology transfer activities that grant 

recipients carry out under this section, disseminate the results 

of the research, and establish and operate a clearinghouse to 

disseminate the results of the research. 

(2) ANNUAL REVIEW AND EVALUATION.—At least annually, 

and consistent with the plan developed under section 508 of 

title 23, the Secretary shall review and evaluate programs of 

grant recipients. 

(3) MANAGEMENT AND OVERSIGHT.—The Secretary shall ex- pend $1,500,000 for each of fiscal years 2005 through 2009 

from amounts made available to carry out this section to carry 

out management and oversight of the centers receiving assistance under this section. 

(l) PROGRAM ADMINISTRATION.—The Secretary shall carry out this 

section acting through the Administrator of the Research and Innovative Technology Administration. 

(m) LIMITATION ON AVAILABILITY OF FUNDS.—Funds made available to carry out this section shall remain available for obligation 

by the Secretary for a period of 2 years after the last day of the fiscal year for which such funds are authorized. 

§ 5507. Advanced heavy-duty vehicle technologies research 

program 

(a) IN GENERAL.—The Secretary of Transportation shall conduct 

research, development, demonstration, and testing to integrate 

emerging advanced heavy-duty vehicle technologies in order to provide seamless, safe, secure, and efficient transportation and to benefit the environment. 

(b) CONSULTATION.—To ensure the activities performed pursuant 

to this section achieve the maximum benefit, the Secretary of Transportation shall consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and other relevant 

Federal agencies on research, development, and demonstration acVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00781 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
780 

tivities authorized under this section related to advanced heavy-duty 

vehicle technologies. 

(c) GRANTS, COOPERATIVE AGREEMENTS, AND OTHER TRANS- ACTIONS.—The Secretary may make grants to, and enter into cooperative agreements and other transactions with, Federal and other 

public agencies (including State and local governments) and persons to carry out subsection (a). 

(d) COST SHARING.—At least 50 percent of the funding for projects 

carried out under this section must be provided by non-Federal 

sources. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated from the Highway Trust Fund (other than the Mass 

Transit Account) to carry out subsection (a) $1,000,000 for fiscal 

year 2004 and $3,000,000 for each of fiscal years 2005 through 

2009. 

(f) CONTRACT AUTHORITY.—The funds authorized to be appropriated by subsection (e) 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 limitation on obligations imposed on funds made available to carry out title V of the Transportation Equity Act: A Legacy for Users. 

* * * * * * * 

CHAPTER 131—GENERAL PROVISIONS 

* * * * * * * 

§ 13102. Definitions 

In this part, the following definitions shall apply: 

(1) * * * 

* * * * * * * 

(6) FOREIGN MOTOR CARRIER.—The term ‘‘foreign motor carrier’’ means a person (including a motor carrier of property but 

excluding a motor private carrier)— 

(A) * * * 

(B) in the case of a person that is not a motor carrier 

of property, that provides interstate transportation of property by ømotor vehicle¿ commercial motor vehicle (as defined in section 31132) under an agreement or contract entered into with a motor carrier of property (other than a 

motor private carrier or a motor carrier of property described in subparagraph (A)). 

(7) FOREIGN MOTOR PRIVATE CARRIER.—The term ‘‘foreign 

motor private carrier’’ means a person (including a motor private carrier but excluding a motor carrier of property)— 

(A) * * * 

(B) in the case of a person that is not a motor private 

carrier, that provides interstate transportation of property 

by ømotor vehicle¿ commercial motor vehicle (as defined in 

section 31132) under an agreement or contract entered into 

with a person (other than a motor carrier of property or a 

motor private carrier described in subparagraph (A)). 

* * * * * * * 

781 

(12) MOTOR CARRIER.—The term ‘‘motor carrier’’ means a 

person providing ømotor vehicle¿ commercial motor vehicle (as 

defined in section 31132) transportation for compensation. 

(13) MOTOR PRIVATE CARRIER.—The term ‘‘motor private carrier’’ means a person, other than a motor carrier, transporting 

property by ømotor vehicle¿ commercial motor vehicle (as defined in section 31132) when— 

(A) * * * 

* * * * * * * 

CHAPTER 139—REGISTRATION 

* * * * * * * 

§ 13902. Registration of motor carriers 

(a) MOTOR CARRIER GENERALLY.— 

(1) IN GENERAL.—Except as provided in this section, the Secretary shall register a person to provide transportation subject 

to jurisdiction under subchapter I of chapter 135 of this title 

as a motor carrier if the Secretary finds that the person is willing and able to comply with— 

(A) * * * 

ø(B) any safety regulations imposed by the Secretary 

and the safety fitness requirements established by the Secretary under section 31144; and¿ 

(B) (i) any safety regulations imposed by the Secretary; 

(ii) the duties of employers and employees established by 

the Secretary under section 31135; and 

(iii) the safety fitness requirements established by the 

Secretary under section 31144; and 

* * * * * * * 

§ 13903. Registration of freight forwarders 

(a) IN GENERAL.—øThe Secretary¿ 

(1) HOUSEHOLD GOODS.—The Secretary shall register a person to provide service subject to jurisdiction under subchapter 

III of chapter 135 as a freight forwarder of household goods if 

the Secretary finds that the person is fit, willing, and able to 

provide the service and to comply with this part and applicable 

regulations of the Secretary and the Board. 

(2) OTHERS.—The Secretary may register a person to provide 

service subject to jurisdiction under subchapter III of chapter 

135 as a freight forwarder (other than a freight forwarder of 

household goods) if the Secretary finds that such registration is 

needed for the protection of shippers and that the person is fit, 

willing, and able to provide the service and to comply with this 

part and applicable regulations of the Secretary and Board. 

* * * * * * * 

§ 13908. Registration and other reforms 

(a) REGULATIONS REPLACING CERTAIN PROGRAMS.—The Secretary, in cooperation with the States, and after notice and opportunity for public comment, shall issue regulations to replace the 

current Department of Transportation identification number sysVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00783 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
782 

tem, øthe single State registration system under section 14504,¿ 

the registration system contained in this chapter, and the financial 

responsibility information system under section 13906 with a single, on-line, Federal system. The new system shall serve as a clearinghouse and depository of information on and identification of all 

foreign and domestic motor carriers, brokers, and freight forwarders, and others required to register with the Department as 

well as information on safety fitness and compliance with required 

levels of financial responsibility. In issuing the regulations, the 

Secretary shall consider whether or not to integrate the requirements of section 13304 into the new system and may integrate 

such requirements into the new system. 

(b) FACTORS TO BE CONSIDERED.—In conducting the rulemaking 

under subsection (a), the Secretary shall, at a minimum, consider 

the following factors: 

(1) * * * 

ø(2) Whether the existing single State registration system is 

duplicative and burdensome. 

ø(3) The justification and need for collecting the statutory fee 

for such system under section 14504(c)(2)(B)(iv).¿ 

ø(4)¿ (2) The public safety. 

ø(5)¿ (3) The efficient delivery of transportation services. 

ø(6)¿ (4) How, and under what conditions, to extend the registration system to motor private carriers and to carriers exempt under sections 13502, 13503, and 13506. 

* * * * * * * 

ø(d) STATE REGISTRATION PROGRAMS.—If the Secretary determines that no State should require insurance filings or collect fees 

for such filings (including filings and fees authorized under section 

14504), the Secretary may prevent any State or political subdivision thereof, or any political authority of 2 or more States, from imposing any insurance filing requirements or fees that are for the 

same purposes as filings or fees the Secretary requires under the 

new system under subsection (a). The Secretary may not take any 

action pursuant to this subsection unless— 

ø(1) fees that will be collected by the Secretary under subsection (c) and distributed in each fiscal year to the States will 

provide each State with at least as much revenue as that State 

received in fiscal year 1995 under section 11506, as in effect 

on December 31, 1995; and 

ø(2) all States will receive from the distribution of such fees 

a minimum apportionment.¿ 

ø(e) DEADLINE FOR CONCLUSION; MODIFICATIONS.—Not later than 

24 months after January 1, 1996,¿ (d) DEADLINE FOR COMPLETION.—Not later than 1 year after the date of enactment of the 

Transportation Equity Act: A Legacy for Users, the Secretary— 

(1) * * * 

* * * * * * * 

CHAPTER 141—OPERATIONS OF CARRIERS 

* * * * * * * 

§ 14104. Household goods carrier operations 

(a) * * * 

783 

(b) ESTIMATES.— 

ø(1) AUTHORITY TO PROVIDE WITHOUT COMPENSATION.—Every 

motor carrier providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135, upon request of a prospective shipper, may provide the shipper with 

an estimate of charges for transportation of household goods 

and for the proposed services. The Secretary shall not prohibit 

any such carrier from charging a prospective shipper for providing a written, binding estimate for the transportation and 

proposed services.¿ 

(1) REQUIRED TO BE IN WRITING.— 

(A) IN GENERAL.—Except as otherwise provided in this 

subsection, every motor carrier providing transportation of 

household goods described in section 13102(10)(A) subject 

to jurisdiction under subchapter I of chapter 135 shall conduct a physical survey of the household goods to be transported on behalf of a prospective individual shipper and 

shall provide the shipper with a written estimate of charges 

for the transportation and all related services. 

(B) WAIVER.—A shipper may elect to waive a physical 

survey under this paragraph by written agreement signed 

by the shipper before the shipment is loaded. A copy of the 

waiver agreement must be retained as an addendum to the 

bill of lading and shall be subject to the same record inspection and preservation requirements of the Secretary as 

are applicable to bills of lading. 

(C) ESTIMATE.— 

(i) IN GENERAL.—Notwithstanding a waiver under 

subparagraph (B), a carrier’s statement of charges for 

transportation must be submitted to the shipper in 

writing and must indicate whether it is binding or 

nonbinding. 

(ii) BINDING.—A binding estimate under this paragraph must indicate that the carrier and shipper are 

bound by such charges. The carrier may impose a 

charge for providing a written binding estimate. 

(iii) NONBINDING.—A nonbinding estimate under this 

paragraph must indicate that the actual charges will 

be based upon the actual weight of the individual shipper’s shipment and the carrier’s lawful tariff charges. 

The carrier may not impose a charge for providing a 

nonbinding estimate. 

* * * * * * * 

CHAPTER 145—FEDERAL-STATE RELATIONS 

Sec. 

14501. Federal authority over intrastate transportation. 

* * * * * * * 

ø14504. Registration of motor carriers by a State.¿ 

* * * * * * * 

14506. Enforcement of Federal regulations by State attorneys general. 

784 

§ 14501. Federal authority over intrastate transportation 

(a) * * * 

* * * * * * * 

(c) MOTOR CARRIERS OF PROPERTY.— (1) * * * 

(2) MATTERS NOT COVERED.—Paragraph (1)— 

(A) * * * 

(B) does not apply to the intrastate transportation of 

household goods; and 

* * * * * * * 

ø§ 14504. Registration of motor carriers by a State 

ø(a) DEFINITIONS.—In this section, the terms ‘‘standards’’ and 

‘‘amendments to standards’’ mean the specification of forms and 

procedures required by regulations of the Secretary to prove the 

lawfulness of transportation by motor carrier referred to in section 

13501. 

ø(b) GENERAL RULE.—The requirement of a State that a motor 

carrier, providing transportation subject to jurisdiction under subchapter I of chapter 135 and providing transportation in that State, 

must register with the State is not an unreasonable burden on 

transportation referred to in section 13501 when the State registration is completed under standards of the Secretary under subsection (c). When a State registration requirement imposes obligations in excess of the standards of the Secretary, the part in excess 

is an unreasonable burden. 

ø(c) SINGLE STATE REGISTRATION SYSTEM.— ø(1) IN GENERAL.—The Secretary shall maintain standards 

for implementing a system under which— 

ø(A) a motor carrier is required to register annually with 

only one State by providing evidence of its Federal registration under chapter 139; 

ø(B) the State of registration shall fully comply with 

standards prescribed under this section; and 

ø(C) such single State registration shall be deemed to 

satisfy the registration requirements of all other States. 

ø(2) SPECIFIC REQUIREMENTS.— ø(A) EVIDENCE OF FEDERAL REGISTRATION; PROOF OF IN- SURANCE; PAYMENT OF FEES.—Under the standards of the 

Secretary implementing the single State registration system described in paragraph (1) of this subsection, only a 

State acting in its capacity as registration State under 

such single State system may require a motor carrier registered by the Secretary under this part— 

ø(i) to file and maintain evidence of such Federal 

registration; 

ø(ii) to file satisfactory proof of required insurance 

or qualification as a self-insurer; 

ø(iii) to pay directly to such State fee amounts in accordance with the fee system established under subparagraph (B)(iv) of this paragraph, subject to allocation of fee revenues among all States in which the carrier operates and which participate in the single State 

registration system; and 

785 

ø(iv) to file the name of a local agent for service of 

process. 

ø(B) RECEIPTS; FEE SYSTEM.—The standards of the Secretary— 

ø(i) shall require that the registration State issue a 

receipt, in a form prescribed under the standards, reflecting that the carrier has filed proof of insurance as 

provided under subparagraph (A)(ii) of this paragraph 

and has paid fee amounts in accordance with the fee 

system established under clause (iv) of this subparagraph; 

ø(ii) shall require that copies of the receipt issued 

under clause (i) of this subparagraph be kept in each 

of the carrier’s commercial motor vehicles; 

ø(iii) shall not require decals, stamps, cab cards, or 

any other means of registering or identifying specific 

vehicles operated by the carrier; 

ø(iv) shall establish a fee system for the filing of 

proof of insurance as provided under subparagraph 

(A)(ii) of this paragraph that— 

ø(I) is based on the number of commercial motor 

vehicles the carrier operates in a State and on the 

number of States in which the carrier operates; 

ø(II) minimizes the costs of complying with the 

registration system; and 

ø(III) results in a fee for each participating 

State that is equal to the fee, not to exceed $10 

per vehicle, that such State collected or charged 

as of November 15, 1991; and 

ø(v) shall not authorize the charging or collection of 

any fee for filing and maintaining evidence of Federal 

registration under subparagraph (A)(i) of this paragraph. 

ø(C) PROHIBITED FEES.—The charging or collection of 

any fee under this section that is not in accordance with 

the fee system established under subparagraph (B)(iv) of 

this paragraph shall be deemed to be a burden on interstate commerce. 

ø(D) LIMITATION ON PARTICIPATION BY STATES.—Only a 

State which, as of January 1, 1991, charged or collected a 

fee for a vehicle identification stamp or number under part 

1023 of title 49, Code of Federal Regulations, shall be eligible to participate as a registration State under this subsection or to receive any fee revenue under this subsection.¿ 

* * * * * * * 

§ 14506. Enforcement of Federal regulations by State attorneys General 

(a) IN GENERAL.—A State, as parens patriae, may bring a civil 

action on behalf of a resident of the State in an appropriate district 

court of the United States to enforce a regulation or order of the Secretary or Board— 

786 

(1) to protect an individual shipper of household goods if 

such regulation or order governs the delivery of the shipper’s 

household goods; or 

(2) to impose a civil penalty under section 14915 whenever 

the attorney general of the State has reason to believe that the 

interests of the residents of the State have been or are being 

threatened or adversely affected by— 

(A) a carrier or broker providing transportation of household goods subject to jurisdiction under subchapter I or III 

of chapter 135 who is committing repeat violations of section 14915; or 

(B) a foreign motor carrier providing transportation of 

household goods who is registered under section 13902 and 

who is committing repeat violations of section 14915. 

(b) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed— 

(1) as preventing an attorney general from exercising the powers conferred on the attorney general by the laws of such State 

to conduct investigations or to administer oaths or affirmations 

or to compel the attendance of witnesses or the production of 

documentary and other evidence; 

(2) as prohibiting a State official from proceeding in State 

court to enforce a criminal statute of the State; 

(3) as authorizing a State or political subdivision of a State 

to bring an enforcement action under a consumer protection 

law, regulation, or other provision of the State relating to interstate transportation of household goods (as defined in section 

13102(10)(A)) with respect to an activity that is inconsistent 

with Federal laws and regulations relating to interstate transportation of household goods; or 

(4) as authorizing a State, as parens patriae, to bring a class 

civil action on behalf of its residents to enforce a regulation or 

order of the Secretary or Board. 

(c) ACTIONS BY THE SECRETARY OR BOARD.—Whenever a civil action has been instituted by or on behalf of the Secretary or Board 

for violation of section 14915, no State may, during the pendency 

of such action, institute a civil action under subsection (a) against 

any defendant named in the complaint relating to such violation. 

(d) VENUE; SERVICE OF PROCESS.—Any civil action to be brought 

under subsection (a) in a district court of the United States may be 

brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28. Process in such an action may be served in any 

district in which the defendant is an inhabitant or in which the defendant may be found. 

* * * * * * * 

CHAPTER 147—ENFORCEMENT; INVESTIGATIONS; 

RIGHTS; REMEDIES 

* * * * * * * 

787 

§ 14708. Dispute settlement program for household goods 

carriers 

(a) OFFERING SHIPPERS ARBITRATION.—As a condition of registration under section 13902 or 13903, a carrier providing transportation of household goods subject to jurisdiction under subchapter 

I or III of chapter 135 must agree to offer in accordance with this 

section to shippers of household goods arbitration as a means of 

settling disputes between such carriers and shippers of household 

goods concerning damage or loss to the household goods transported and to determine whether carrier charges, in addition to 

those collected at delivery, must be paid by the shipper for transportation and services related to the transportation of household goods. (b) ARBITRATION REQUIREMENTS.— (1) * * * 

* * * * * * * 

(6) REQUESTS.—The carrier must not require the shipper to 

agree to utilize arbitration prior to the time that a dispute 

arises. If the dispute involves a claim for ø$5,000¿ $10,000 or 

less and the shipper requests arbitration, such arbitration 

shall be binding on the parties. If the dispute involves a claim 

for more than ø$5,000¿ $10,000 and the shipper requests arbitration, such arbitration shall be binding on the parties only if 

the carrier agrees to arbitration. 

* * * * * * * 

(8) DEADLINE FOR DECISION.—The arbitrator must, as expeditiously as possible but at least within 60 days of receipt of 

written notification of the dispute, render a decision based on 

the information gathered; except that, in any case in which a 

party to the dispute fails to provide in a timely manner any 

information concerning such dispute which the person settling 

the dispute may reasonably require to resolve the dispute, the 

arbitrator may extend such 60-day period for a reasonable period of time. A decision resolving a dispute may include any 

remedies appropriate under the circumstances, including repair, replacement, refund, reimbursement for expenses, øand¿ 

compensation for damages, and an order requiring the payment 

of additional carrier charges. 

* * * * * * * 

(d) ATTORNEY’S FEES TO SHIPPERS.—In any court action to resolve a dispute between a shipper of household goods and a carrier 

providing transportation or service subject to jurisdiction under 

subchapter I or III of chapter 135 concerning the transportation of 

household goods by such carrier, the shipper shall be awarded reasonable attorney’s fees if— 

(1) * * * 

* * * * * * * 

(3)(A) the shipper was not advised by the carrier during the 

claim settlement process that a dispute settlement program was 

available to resolve the dispute; 

ø(A)¿ (B) a decision resolving the dispute was not rendered 

through arbitration under this section within the period provided under subsection (b)(8) of this section or an extension of 

such period under such subsection; or 

788 

ø(B)¿ (C) the court proceeding is to enforce a decision rendered through arbitration under this section and is instituted 

after the period for performance under such decision has 

elapsed. 

* * * * * * * 

CHAPTER 149—CIVIL AND CRIMINAL PENALTIES 

Sec. 

14901. General civil penalties. 

* * * * * * * 

14915. Holding household goods hostage. 

§ 14901. General civil penalties 

(a) * * * 

* * * * * * * 

(d) PROTECTION OF HOUSEHOLD GOODS SHIPPERS.—øIf a carrier¿ 

(1) IN GENERAL.—If a carrier providing transportation of 

household goods subject to jurisdiction under subchapter I or 

III of chapter 135 or a receiver or trustee of such carrier fails 

or refuses to comply with any regulation issued by the Secretary or the Board relating to protection of individual shippers, such carrier, receiver, or trustee is liable to the United 

States for a civil penalty of not less than $1,000 for each violation and for each additional day during which the violation 

continues. 

(2) ESTIMATE OF BROKER WITHOUT CARRIER AGREEMENT.—If 

a broker for transportation of household goods subject to jurisdiction under subchapter I of chapter 135 makes an estimate of 

the cost of transporting any such goods before entering into an 

agreement with a carrier to provide transportation of household 

goods subject to such jurisdiction, the broker is liable to the 

United States for a civil penalty of not less than $10,000 for 

each violation. 

(3) UNAUTHORIZED TRANSPORTATION.—If a person provides 

transportation of household goods subject to jurisdiction under 

subchapter I of chapter 135 or provides broker services for such 

transportation without being registered under chapter 139 to 

provide such transportation or services as a motor carrier or 

broker, as the case may be, such person is liable to the United 

States for a civil penalty of not less than $25,000 for each violation. 

* * * * * * * 

§ 14915. Holding household goods hostage 

(a) HOLDING HOUSEHOLD GOODS HOSTAGE DEFINED.—For purposes of this section, the term ‘‘holding household goods hostage’’ 

means the knowing and willful refusal to relinquish possession of 

a shipment of household goods described in section 13102(10)(A) 

upon payment of not more than 100 percent of a binding estimate 

(or, in the case of a nonbinding estimate, not more than 110 percent 

of the estimated charges for such shipment). 

(b) CIVIL PENALTY.—Whoever is found holding a household goods 

shipment hostage is liable to the United States for a civil penalty 

789 

of not less than $10,000 for each violation. If such person is a carrier or broker, the Secretary may suspend for a period of not less 

than 6 months the registration of such carrier or broker under chapter 139. 

(c) CRIMINAL PENALTY.—A motor carrier that has been convicted 

of knowingly and willfully holding household goods hostage by falsifying documents or demanding the payment of charges for services 

that were not performed or were not necessary in the safe and adequate movement of a shipment of household goods shall be fined 

under title 18, or imprisoned not more than 2 years, or both. 

* * * * * * * 

SUBTITLE VI—MOTOR VEHICLE AND DRIVER 

PROGRAMS 

* * * * * * * 

PART B—COMMERCIAL 

CHAPTER 311—COMMERCIAL MOTOR VEHICLE SAFETY 

øSUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL MOTOR 

VEHICLE PROGRAMS¿ 

SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS 

Sec. 

31100. Purpose. 

* * * * * * * 

ø31107. Contract authority funding for information systems. 

ø31108. Authorization of appropriations.¿ 

31107. Border enforcement grants. 

31108. Motor carrier research and technology program. 

31109. Performance and registration information system management. 

* * * * * * * 

SUBCHAPTER IV—MISCELLANEOUS

31161. International cooperation. 

øSUBCHAPTER I—STATE GRANTS AND OTHER 

COMMERCIAL MOTOR VEHICLE PROGRAMS¿ 

SUBCHAPTER I—GENERAL AUTHORITY AND STATE 

GRANTS 

* * * * * * * 

§ 31102. Grants to States 

(a) * * * 

(b) STATE PLAN PROCEDURES AND CONTENTS.—(1) The Secretary 

shall prescribe procedures for a State to submit a plan under which 

the State agrees to assume responsibility for improving motor carrier safety and to adopt and enforce regulations, standards, and orders of the Government on commercial motor vehicle safety, hazardous materials transportation safety, or compatible State regulations, standards, and orders. The Secretary shall approve the plan 

if the Secretary decides the plan is adequate to promote the objectives of this section and the plan— 

790 

ø(A) implements performance-based activities by fiscal year 

2000;¿ 

(A) implements performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs; 

* * * * * * * 

ø(Q) provides that the State will establish a program to ensure the proper and timely correction of commercial motor vehicle safety violations noted during an inspection carried out 

with funds authorized under section 31104;¿ 

(Q) provides that the State has established a program to ensure accurate, complete, and timely motor carrier safety data is 

collected and reported to the Secretary and that the State will 

participate in a national motor carrier safety data correction 

system prescribed by the Secretary; 

(R) ensures that the State will cooperate in the enforcement 

of registration requirements under section 13902 and financial 

responsibility requirements under sections 13906, 31138, and 

31139 and regulations issued thereunder; 

(S) ensures consistent, effective, and reasonable sanctions; 

øand¿ 

(T) ensures that roadside inspections will be conducted at a 

location that is adequate to protect the safety of drivers and 

enforcement personnelø.¿; 

(U) provides that the State will include in the training manual for the licensing examination to drive a noncommercial 

motor vehicle and a commercial motor vehicle, information on 

best practices for driving safely in the vicinity of commercial 

motor vehicles and in the vicinity of noncommercial motor vehicles, respectively; 

(V) provides that the State will enforce the registration requirements of section 13902 by prohibiting the operation of any 

vehicle discovered to be operated by a motor carrier without a 

registration issued under such section or to be operating beyond 

the scope of such registration; and 

(W) provides that the State will conduct comprehensive and 

highly visible traffic enforcement and commercial motor vehicle 

safety inspection programs in high-risk locations and corridors. 

(3) In estimating the average level of State expenditure under 

paragraph ø(1)(D)¿ (1)(E) of this subsection, the Secretary— 

(A) * * * 

* * * * * * * 

ø(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—A State may use 

amounts received under a grant under subsection (a) of this section 

for the following activities if the activities are carried out in conjunction with an appropriate inspection of the commercial motor 

vehicle to enforce Government or State commercial motor vehicle 

safety regulations: 

ø(1) enforcement of commercial motor vehicle size and 

weight limitations at locations other than fixed weight facilities, at specific locations such as steep grades or mountainous 

terrains where the weight of a commercial motor vehicle can 

significantly affect the safe operation of the vehicle, or at ports 

791 

where intermodal shipping containers enter and leave the 

United States. 

ø(2) detection of the unlawful presence of a controlled substance (as defined under section 102 of the Comprehensive 

Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 

802)) in a commercial motor vehicle or on the person of any occupant (including the operator) of the vehicle. 

ø(3) enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles.¿ 

(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—A State may use 

amounts received under a grant under subsection (a)— 

(1) for the following activities if the activities are carried out 

in conjunction with an appropriate inspection of the commercial 

motor vehicle to enforce Government or State commercial motor 

vehicle safety regulations: 

(A) enforcement of commercial motor vehicle size and 

weight limitations at locations other than fixed weight facilities, at specific locations such as steep grades or mountainous terrains where the weight of a commercial motor 

vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers 

enter and leave the United States; and 

(B) detection of the unlawful presence of a controlled substance (as defined under section 102 of the Comprehensive 

Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 

802)) in a commercial motor vehicle or on the person of any 

occupant (including the operator) of the vehicle; and 

(2) for documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial 

motor vehicles, including documented enforcement of such laws 

and regulations relating to noncommercial motor vehicles when 

necessary to promote the safe operation of commercial motor vehicles if the number of roadside safety inspections conducted in 

the State is maintained at a level at least equal to the average 

number conducted in the State in fiscal years 2001, 2002, and 

2003; except that the State may not use more than 5 percent of 

the aggregate amount the State receives under the grant under 

subsection (a) for enforcement activities relating to noncommercial motor vehicles described in this paragraph. 

* * * * * * * 

(e) ANNUAL REPORT.—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate an annual report that describes the effect of 

activities carried out with funds from grants made under this section on commercial motor vehicle safety. 

§ 31103. United States Government’s share of costs 

(a) COMMERCIAL MOTOR VEHICLE SAFETY PROGRAMS AND EN- FORCEMENT.—The Secretary of Transportation shall reimburse a 

State, from a grant made under this subchapter, an amount that 

is not more than 80 percent of the costs incurred by the State in 

a fiscal year in developing and implementing programs to improve 

commercial motor vehicle safety and enforce commercial motor veVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00793 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
792 

hicle regulations, standards, or orders adopted under this subchapter or subchapter II of this chapter. In determining those 

costs, the Secretary shall include in-kind contributions by the 

State. Amounts of the State and its political subdivisions required 

to be expended under section 31102(b)ø(1)(D)¿ (1)(E) of this title 

may not be included as part of the share not provided by the 

United States Government. The Secretary may allocate among the 

States whose applications for grants have been approved those 

amounts appropriated for grants to support those programs, under 

criteria that may be established. 

* * * * * * * 

§ 31104. Availability of amounts 

ø(a) IN GENERAL.—The following amounts are made available 

from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to incur obligations to 

carry out section 31102: 

ø(1) Not more than $79,000,000 for fiscal year 1998. 

ø(2) Not more than $90,000,000 for fiscal year 1999. 

ø(3) Not more than $95,000,000 for fiscal year 2000. 

ø(4) Not more than $100,000,000 for fiscal year 2001. 

ø(5) Not more than $105,000,000 for fiscal year 2002. 

ø(6) Not more than $110,000,000 for fiscal year 2003. 

ø(7) Not more than $169,000,000 for fiscal year 2004. 

ø(8) Not more than $112,512,329 for the period of October 1, 

2004, through May 31, 2005.¿ 

(a) IN GENERAL.—Subject to subsection (f), there are authorized to 

be appropriated from the Highway Trust Fund (other than the Mass 

Transit Account) to carry out section 31102— (1) $188,852,000 for fiscal year 2004; 

(2) $188,480,000 for fiscal year 2005; 

(3) $188,000,000 for fiscal year 2006; 

(4) $197,000,000 for fiscal year 2007; 

(5) $202,000,000 for fiscal year 2008; and 

(6) $209,000,000 for fiscal year 2009. 

* * * * * * * 

(f) ALLOCATION CRITERIA AND ELIGIBILITY.— 

(1) IN GENERAL.—On October 1 of each fiscal year or as soon 

after that date as practicable and after making the ødeduction 

under subsection (e)¿ deductions under subsection (e) and paragraphs (2) and (3), the Secretary shall allocate amounts made 

available to carry out section 31102 for such fiscal year among 

the States with plans approved under section 31102. Such allocation shall be made under such criteria as the Secretary prescribes by regulation. 

(2) HIGH-PRIORITY øAND BORDER ACTIVITIES.— 

ø(A) HIGH-PRIORITY ACTIVITIES AND PROJECTS.—The Secretary may designate up to 5 percent¿ ACTIVITIES.—The 

Secretary may designate up to 10 percent of amounts available for allocation under paragraph (1) for States, local 

governments, and other persons for carrying out high priority activities and projects that improve commercial motor 

vehicle safety and compliance with commercial motor vehicle safety regulations, including activities and projects that 

793 

are national in scope, increase public awareness and education, øor¿ demonstrate new technologies, or improve the 

quality and accuracy of data provided by the State. The 

amounts designated under this subparagraph shall be allocated by the Secretary to State agencies, local governments, and other persons that use and train qualified officers and employees in coordination with State motor vehicle safety agencies. 

ø(B) BORDER COMMERCIAL MOTOR VEHICLE SAFETY AND

ENFORCEMENT PROGRAMS.—The Secretary may designate 

up to 5 percent of amounts available for allocation under 

paragraph (1) for States, local governments, and other persons for carrying out border commercial motor vehicle safety programs and enforcement activities and projects. The 

amounts designated under this subparagraph shall be allocated by the Secretary to State agencies, local governments, and other persons that use and train qualified officers and employees in coordination with State motor vehicle safety agencies.¿ 

* * * * * * * 

(3) NEW ENTRANT AUDITS.—The Secretary may deduct up to $15,000,000 of the amounts available under subsection (a) for 

a fiscal year for audits of new entrant motor carriers under section 31144(g). 

* * * * * * * 

(i) ADMINISTRATIVE EXPENSES.— (1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated from the Highway Trust Fund (other 

than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration— (A) $173,450,000 for fiscal year 2004; 

(B) $254,849,000 for fiscal year 2005; 

(C) $215,000,000 for fiscal year 2006; 

(D) $230,000,000 for fiscal year 2007; 

(E) $234,000,000 for fiscal year 2008; and 

(F) $240,000,000 for fiscal year 2009. 

(2) USE OF FUNDS.—The funds authorized by this subsection 

shall be used for personnel costs; administrative infrastructure; 

rent; information technology; programs for research and technology, information management, regulatory development (including a medical review board), the administration of the performance and registration information system management, 

and outreach and education; other operating expenses; and such 

other expenses as may from time to time become necessary to 

implement statutory mandates of the Administration not funded from other sources. 

(3) PERIOD OF AVAILABILITY.—The amounts made available 

under this section shall remain available until expended. 

(4) INITIAL DATE OF AVAILABILITY.—Authorizations from the 

Highway Trust Fund (other than the Mass Transit Account) to 

carry out subtitle IV, part B, and subtitle VI, part B, of this 

title, or the provisions of title IV of the Transportation Equity 

Act: A Legacy for Users, shall be available for obligation on the 

794 

date of their apportionment or allocation or on October 1 of the 

fiscal year for which they are authorized, whichever occurs first. 

(5) CONTRACT AUTHORITY.—Approval by the Secretary of a 

grant with funds made available under paragraph (4) imposes 

upon the United States a contractual obligation for payment of 

the Government’s share of costs incurred in carrying out the objectives of the grant. 

* * * * * * * 

§ 31106. Information systems 

(a) INFORMATION SYSTEMS AND DATA ANALYSIS.— 

(1) * * * 

* * * * * * * 

(3) DATA ANALYSIS CAPACITY AND PROGRAMS.—The Secretary 

shall develop and maintain under this section data analysis capacity and programs that provide the means to— 

(A) * * * 

* * * * * * * 

(D) determine the cost-effectiveness of Federal and State 

safety compliance and enforcement programs and other 

countermeasures; øand¿ 

(E) adapt, improve, and incorporate other information 

and information systems as the Secretary determines 

appropriateø.¿; 

(F) ensure, to the maximum extent practical, all the data 

is complete, timely, and accurate across all information systems and initiatives; and 

(G) establish and implement a national motor carrier 

safety data correction system. 

* * * * * * * 

(b) PERFORMANCE AND REGISTRATION INFORMATION

PROGRAM.— 

(1) * * * 

ø(2) DESIGN.—The program shall link Federal motor carrier 

safety information systems with State driver and commercial 

vehicle registration and licensing systems and shall be designed to enable a State to— 

ø(A) determine the safety fitness of a motor carrier or 

registrant when licensing or registering the registrant or 

motor carrier or while the license or registration is in effect; and 

ø(B) decide, in cooperation with the Secretary, whether 

and what types of sanctions or operating limitations to impose on the motor carrier or registrant to ensure safety. 

ø(3) CONDITIONS FOR PARTICIPATION.—The Secretary shall 

require States, as a condition of participation in the program, 

to— 

ø(A) comply with the uniform policies, procedures, and 

technical and operational standards prescribed by the Secretary under subsection (a)(4); and 

ø(B) possess or seek authority to impose commercial 

motor vehicle registration sanctions on the basis of a Federal safety fitness determination. 

795 

ø(4) FUNDING.—The Secretary may make available up to 50 

percent of the amounts available to carry out this section by 

section 31107 in each of fiscal years 1998, 1999, 2000, 2001, 

2002, and 2003 to carry out this subsection. The Secretary is 

encouraged to direct no less than 80 percent of amounts made 

available to carry out this subsection to States that have not 

previously received financial assistance to develop or implement the information systems authorized by this section.¿ 

(2) DESIGN.—The program shall link Federal motor carrier 

safety information systems with State commercial vehicle registration and licensing systems and shall be designed to enable 

a State to— 

(A) determine the safety fitness of a motor carrier or registrant when licensing or registering the registrant or motor 

carrier or while the license or registration is in effect; and 

(B) deny, suspend, or revoke the commercial motor vehicle registrations of a motor carrier or registrant that has 

been issued an operations out-of-service order by the Secretary. 

(3) CONDITIONS FOR PARTICIPATION.—The Secretary shall require States, as a condition of participation in the program, 

to— 

(A) comply with the uniform policies, procedures, and 

technical and operational standards prescribed by the Secretary under subsection (a)(4); and 

(B) possess or seek the authority to deny, suspend, or revoke commercial motor vehicle registrations based on the 

issuance of an operations out-of-service order by the Secretary. 

* * * * * * * 

ø§ 31107. Contract authority funding for information systems 

ø(a) FUNDING.—There shall be available from the Highway Trust 

Fund (other than the Mass Transit Account) to carry out sections 

31106 and 31309 of this title— 

ø(1) $6,000,000 for fiscal year 1998; 

ø(2) $10,000,000 for each of fiscal years 1999 and 2000; 

ø(3) $12,000,000 for each of fiscal years 2001 through 2002; 

ø(4) $15,000,000 for fiscal year 2003; 

ø(5) $20,000,000 for the fiscal year 2004; and 

ø(6) $13,315,068 for the period of October 1, 2004 through 

May 31, 2005. 

The amounts made available under this subsection shall remain 

available until expended. 

ø(b) CONTRACT AUTHORITY.—Approval by the Secretary of a 

grant with funds made available under this section imposes upon 

the United States Government a contractual obligation for payment 

of the Government’s share of costs incurred in carrying out the objectives of the grant. 

ø(c) EMERGENCY CDL GRANTS.—From amounts made available 

by subsection (a) for a fiscal year, the Secretary of Transportation 

may make a grant of up to $1,000,000 to a State whose commercial 

driver’s license program may fail to meet the compliance requirements of section 31311(a). 

796 

ø§ 31108. Authorization of appropriations 

øNot more than $––––––––– may be appropriated to the Secretary of Transportation for the fiscal year ending September 30, 

19––, to carry out the safety duties and powers of the Federal 

Highway Administration.¿ 

§ 31107. Border enforcement grants 

(a) GENERAL AUTHORITY.—The Secretary of Transportation may 

make a grant in a fiscal year to a State that shares a land border 

with another country for carrying out border commercial motor vehicle safety programs and related enforcement activities and 

projects. 

(b) MAINTENANCE OF EXPENDITURES.—The Secretary may make a 

grant to a State under this section only if the State agrees that the 

total expenditure of amounts of the State and political subdivisions 

of the State, exclusive of amounts from the United States, for carrying out border commercial motor vehicle safety programs and related enforcement activities and projects will be maintained at a 

level at least equal to the average level of that expenditure by the 

State and political subdivisions of the State for the last 2 fiscal 

years of the State ending before the date of enactment of the Transportation Equity Act: A Legacy for Users. 

(c) GOVERNMENTS SHARE OF COSTS.—The Secretary shall reimburse a State under a grant made under this section an amount 

that is not more than 100 percent of the costs incurred by the State 

in a fiscal year for carrying out border commercial motor vehicle 

safety programs and related enforcement activities and projects. 

(d) AVAILABILITY AND REALLOCATION OF AMOUNTS.—Allocations 

to a State remain available for expenditure in the State for the fiscal year in which they are allocated and for the next fiscal year. 

Amounts not expended by a State during those 2 fiscal years are 

available to the Secretary for reallocation under this section. 

§ 31108. Motor carrier research and technology program 

(a) RESEARCH, TECHNOLOGY, AND TECHNOLOGY TRANSFER ACTIVITIES.— 

(1) ESTABLISHMENT.—The Secretary of Transportation shall 

establish and carry out a motor carrier research and technology 

program. 

(2) MULTIYEAR PLAN.—The program must include a multiyear research plan that focuses on nonredundant innovative research. 

(3) RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER

ACTIVITIES.—The Secretary may carry out under the program 

research, development, technology, and technology transfer activities with respect to— 

(A) the causes of accidents, injuries, and fatalities involving commercial motor vehicles; 

(B) means of reducing the number and severity of accidents, injuries, and fatalities involving commercial motor 

vehicles; 

(C) improving commercial motor vehicle and motor carrier safety, and industry efficiency, through technological 

improvement; 

797 

(D) improving technology used by enforcement officers 

when conducting roadside inspections and compliance reviews to increase efficiency and information transfers; and 

(E) increasing the safety and security of hazardous materials transportation. 

(4) TESTS AND DEVELOPMENT.—The Secretary may test, develop, or assist in testing and developing any material, invention, patented article, or process related to the research and 

technology program. 

(5) TRAINING.—The Secretary may use the funds made available to carry out this section for training or education of commercial motor vehicle safety personnel, including training in accident reconstruction and detection of controlled substances or 

other contraband and stolen cargo or vehicles. 

(6) PROCEDURES.—The Secretary may carry out this section— 

(A) independently; 

(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or 

(C) by making grants to, or entering into contracts, cooperative agreements, and other transactions with, any Federal laboratory, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or person. 

(7) DEVELOPMENT AND PROMOTION OF USE OF PRODUCTS.— The Secretary shall use funds made available to carry out this 

section to develop, administer, communicate, and promote the 

use of products of research, technology, and technology transfer 

programs under this section. 

(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.— 

(1) IN GENERAL.—To advance innovative solutions to problems involving commercial motor vehicle and motor carrier 

safety, security, and efficiency, and to stimulate the deployment 

of emerging technology, the Secretary may carry out, on a costshared basis, collaborative research and development with— 

(A) non-Federal entities, including State and local governments, foreign governments, colleges and universities, 

corporations, institutions, partnerships, and sole proprietorships that are incorporated or established under the laws 

of any State; and 

(B) Federal laboratories. 

(2) COOPERATIVE AGREEMENTS.—In carrying out this subsection, the Secretary may enter into cooperative research and 

development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 

3710a)). 

(3) COST SHARING.— 

(A) FEDERAL SHARE.—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 associated with any such activity, 

the Secretary may approve a greater Federal share. 

(B) TREATMENT OF DIRECTLY INCURRED NON-FEDERAL

COSTS.—All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware or software 

798 

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.). 

§ 31109. Performance and registration information system 

management 

(a) IN GENERAL.—The Secretary of Transportation may make a 

grant to a State to implement the performance and registration information system management requirements of section 31106(b). 

(b) AVAILABILITY OF AMOUNTS.—Amounts made available to a 

State under this section shall remain available until expended. 

* * * * * * * 

SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS 

§ 31111. Length limitations 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) * * * 

* * * * * * * 

(4) DRIVE-AWAY SADDLEMOUNT WITH FULLMOUNT VEHICLE

TRANSPORTER COMBINATION.—The term ‘‘drive-away 

saddlemount with fullmount vehicle transporter combination’’ 

means a vehicle combination designed and specifically used to 

tow up to 3 trucks or truck tractors, each connected by a saddle 

to the frame or fifth-wheel of the forward vehicle of the truck 

or truck tractor in front of it. 

(b) GENERAL LIMITATIONS.—(1) Except as provided in this section, a State may not prescribe or enforce a regulation of commerce 

that— 

(A) * * * 

* * * * * * * 

(D) imposes a vehicle length limitation of not less than or 

more than 97 feet on a driveaway saddlemount with fullmount 

vehicle transporter combinations; 

ø(D)¿ (E) has the effect of prohibiting the use of an existing 

semitrailer or trailer, of not more than 28.5 feet in length, in 

a truck tractor-semitrailer-trailer combination if the 

semitrailer or trailer was operating lawfully on December 1, 

1982, within a 65-foot overall length limit in any State; or 

ø(E)¿ (F) imposes a limitation of less than 46 feet on the distance from the kingpin to the center of the rear axle on trailers 

used exclusively or primarily in connection with motorsports 

competition events. 

* * * * * * * 

799 

SUBCHAPTER III—SAFETY REGULATION 

* * * * * * * 

§ 31132. Definitions 

In this subchapter— 

(1) ‘‘commercial motor vehicle’’ means a self-propelled or 

towed vehicle (including intermodal equipment, including trailers, chassis and associated devices, commonly used for the 

transportation of intermodal freight via highway) used on the 

highways in interstate commerce to transport passengers or 

property, if the vehicle— 

(A) * * * 

* * * * * * * 

§ 31135. Duties of employers and employees 

(a) IN GENERAL.—Each employer and employee shall comply with 

regulations on commercial motor vehicle safety prescribed by the 

Secretary of Transportation under this subchapter that apply to 

the employer’s or employee’s conduct. 

(b) PATTERN OF NONCOMPLIANCE.—If the Secretary finds that an 

officer of a motor carrier engages or has engaged in a pattern or 

practice of avoiding compliance, or masking or otherwise concealing 

noncompliance, with regulations on commercial motor vehicle safety 

prescribed under this subchapter, while serving as an officer of any 

motor carrier, the Secretary may suspend, amend, or revoke any 

part of the motor carrier’s registration under section 13905. 

(c) REGULATIONS.—The Secretary shall by regulation establish 

standards to implement subsection (b). 

(d) DEFINITIONS.—In this section, the following definitions apply: 

(1) MOTOR CARRIER.—The term ‘‘motor carrier’’ has the meaning such term has under section 13102. 

(2) OFFICER.—The term ‘‘officer’’ means an owner, director, 

chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor, and driver 

supervisor of a motor carrier, regardless of the title attached to 

those functions, and any person, however designated, exercising 

controlling influence over the operations of a motor carrier. 

* * * * * * * 

§ 31136. United States Government regulations 

(a) * * * 

* * * * * * * 

(g) INSPECTION, REPAIR, AND MAINTENANCE OF INTERMODAL

EQUIPMENT.—The Secretary, or an employee of the Department of 

Transportation designated by the Secretary, may inspect intermodal 

equipment, and copy related maintenance and repair records for 

such equipment, on demand and display of proper credentials to inspect intermodal equipment. 

* * * * * * * 

800 

§ 31138. Minimum financial responsibility for transporting 

passengers 

(a) * * * 

* * * * * * * 

(d) CIVIL PENALTY.—(1) * * * 

* * * * * * * 

(5) The amount of the penalty may be deducted from amounts 

the Government owes the person. An amount collected under this 

section shall be deposited in the øTreasury as miscellaneous receipts¿ Highway Trust Fund (other than the Mass Transit Account). 

* * * * * * * 

§ 31139. Minimum financial responsibility for transporting 

property 

(a) * * * 

* * * * * * * 

(f) CIVIL PENALTY.—(1) * * * 

* * * * * * * 

(5) The amount of the penalty may be deducted from amounts 

the Government owes the person. An amount collected under this 

section shall be deposited in the øTreasury as miscellaneous receipts¿ Highway Trust Fund (other than the Mass Transit Account). 

* * * * * * * 

§ 31144. Safety fitness of owners and operators 

ø(a) IN GENERAL.—The Secretary shall— 

ø(1) determine whether an owner or operator is fit to operate 

safely commercial motor vehicles; 

ø(2) periodically update such safety fitness determinations; 

ø(3) make such final safety fitness determinations readily 

available to the public; and 

ø(4) prescribe by regulation penalties for violations of this 

section consistent with section 521.¿ 

(a) IN GENERAL.—The Secretary shall— 

(1) determine whether an owner or operator is fit to operate 

safely commercial motor vehicles, utilizing among other things 

the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection 

record of such owner or operator in operations that affect interstate commerce; 

(2) periodically update such safety fitness determinations; 

(3) make such final safety fitness determinations readily 

available to the public; and 

(4) prescribe by regulation penalties for violations of this section consistent with section 521. 

* * * * * * * 

(c) PROHIBITED TRANSPORTATION.— 

(1) * * * 

* * * * * * * 

801 

(5) TRANSPORTATION AFFECTING INTERSTATE COMMERCE.— Owners or operators of commercial motor vehicles prohibited 

from operating in interstate commerce pursuant to paragraphs 

(1) through (3) may not operate any commercial motor vehicle 

that affects interstate commerce until the Secretary determines 

that such owner or operator is fit. 

(d) DETERMINATION OF UNFITNESS BY A STATE.—If a State that 

receives a grant under section 31102 determines, by applying the 

standards prescribed by the Secretary under subsection (b), that an 

owner or operator of commercial motor vehicles that has its principal place of business in that State and operates in intrastate commerce is unfit under such standards and prohibits the owner or operator from operating such vehicles in the State, the Secretary shall 

prohibit the owner or operator from operating such vehicles in interstate commerce until the State determines that the owner or operator is fit. 

ø(d)¿ (e) REVIEW OF FITNESS DETERMINATIONS.— (1) * * * 

* * * * * * * 

ø(e)¿ (f) PROHIBITED GOVERNMENT USE.—A department, agency, 

or instrumentality of the United States Government may not use 

to provide any transportation service an owner or operator who the 

Secretary has determined is not fit until the Secretary determines 

such owner or operator is fit. 

* * * * * * * 

ø(c)¿ (g) SAFETY REVIEWS OF NEW OPERATORS.— (1) * * * 

* * * * * * * 

(5) GRANTS FOR AUDITS.—From amounts deducted under section 31104(f)(3), the Secretary may make grants to States and 

local governments for new entrant motor carrier audits under 

this subsection without requiring a matching contribution from 

such States or local governments. 

(6) DOT AUDITS.—If the Secretary determines that a State or 

local government is unable to use government employees to conduct new entrant motor carrier audits, the Secretary may utilize 

the funds deducted under section 31104(f)(3) to conduct such 

audits in areas under the jurisdiction of such State or local government. 

* * * * * * * 

SUBCHAPTER IV—MISCELLANEOUS 

§ 31161. International cooperation 

The Secretary of Transportation is authorized to use funds made 

available by section 31104(i) to participate and cooperate in international activities to enhance motor carrier, driver, and highway 

safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology. 

CHAPTER 313—COMMERCIAL MOTOR VEHICLE 

OPERATORS 

Sec. 

802 

31301. Definitions. 

* * * * * * * 

ø31313. [Repealed.]¿ 

31313. Grants for commercial driver’s license program improvements. 

* * * * * * * 

§ 31310. Disqualifications 

(a) * * * 

* * * * * * * 

(i) OUT-OF-SERVICE ORDERS.—(1) * * * 

* * * * * * * 

(2) øNot later than December 18, 1992, the¿ The Secretary shall 

prescribe regulations establishing sanctions and penalties related 

to violations of out-of-service orders by individuals operating commercial motor vehicles. The regulations shall require at least 

that— 

(A) an operator of a commercial motor vehicle found to have 

committed a first violation of an out-of-service order shall be 

disqualified from operating such a vehicle for at least ø90 

days¿ 180 days and liable for a civil penalty of at least 

ø$1,000¿ $2,500; 

(B) an operator of a commercial motor vehicle found to have 

committed a 2d violation of an out-of-service order shall be disqualified from operating such a vehicle for at least øone year¿ 

2 years and not more than 5 years and liable for a civil penalty 

of at least ø$1,000; and¿ $5,000; 

(C) an employer that knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an 

out-of-service order shall be liable for a civil penalty of not 

more than ø$10,000.¿ $25,000; and 

(D) an employer that knowingly and willfully allows or requires an employee to operate a commercial motor vehicle in 

violation of an out-of-service order shall, upon conviction, be 

subject for each offense to imprisonment for a term not to exceed 

one year or a fine under title 18, or both. 

* * * * * * * 

§ 31313. Grants for commercial driver’s license program improvements 

(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENTS.— 

(1) GENERAL AUTHORITY.—The Secretary of Transportation 

may make a grant to a State in a fiscal year— 

(A) to comply with the requirements of section 31311; and 

(B) in the case of a State that is in substantial compliance with the requirements of section 31311 and this section, to improve its implementation of its commercial driver’s license program. 

(2) PURPOSES FOR WHICH GRANTS MAY BE USED.—A State 

may use grants under paragraphs (1)(A) and (1)(B) only for expenses directly related to its compliance with section 31311; except that a grant under paragraph (1)(B) may be used for improving implementation of the State’s commercial driver’s liVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00804 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
803 

cense program, including expenses for computer hardware and 

software, publications, testing, personnel, training, and quality 

control. The grant may not be used to rent, lease, or buy land 

or buildings. 

(3) APPLICATION.—In order to receive a grant under this section, a State must submit an application for such grant that is 

in such form, and contains such information, as the Secretary 

may require. The application shall include the State’s assessment of its commercial drivers license program. 

(4) MAINTENANCE OF EXPENDITURES.—The Secretary may 

make a grant to a State under this subsection only if the State 

agrees that the total expenditure of amounts of the State and 

political subdivisions of the State, exclusive of amounts from 

the United States, for the State’s commercial driver’s license 

program will be maintained at a level at least equal to the average level of that expenditure by the State and political subdivisions of the State for the last 2 fiscal years of the State ending 

before the date of enactment of the Transportation Equity Act: 

A Legacy for Users. 

(5) GOVERNMENT SHARE.—The Secretary shall reimburse a 

State under a grant made under this subsection an amount 

that is not more than 80 percent of the costs incurred by the 

State in a fiscal year in complying with section 31311 and improving its implementation of its commercial driver’s license 

program. In determining such costs, the Secretary shall include 

in-kind contributions by the State. Amounts required to be expended by the State under paragraph (4) may not be included 

as part of the non-Federal share of such costs. 

(b) HIGH-PRIORITY ACTIVITIES.— (1) GRANTS FOR NATIONAL CONCERNS.—The Secretary may 

make a grant to a State agency, local government, or other person for 100 percent of the costs of research, development, demonstration projects, public education, and other special activities and projects relating to commercial driver licensing and 

motor vehicle safety that are of benefit to all jurisdictions of the 

United States or are designed to address national safety concerns and circumstances. 

(2) FUNDING.—The Secretary may deduct up to 10 percent of 

the amounts made available to carry out this section for a fiscal 

year to make grants under this subsection. 

§ 31314. Withholding amounts for State noncompliance 

(a) FIRST FISCAL YEAR.—The Secretary of Transportation shall 

withhold up to 5 percent of the amount required to be apportioned 

to a State under section 104(b)(1), (3), and (4) of title 23 on the first 

day of the fiscal year after the first fiscal year beginning after September 30, 1992, throughout which the State does not comply substantially with a requirement of section 31311(a) of this title. 

(b) SECOND FISCAL YEAR.—The Secretary shall withhold up to 10 

percent of the amount required to be apportioned to a State under 

section 104(b)(1), (3), and (4) of title 23 on the first day of each fiscal year after the 2d fiscal year beginning after September 30, 

1992, throughout which the State does not comply substantially 

with a requirement of section 31311(a) of this title. 

* * * * * * * 

804 

CHAPTER 315—MOTOR CARRIER SAFETY 

* * * * * * * 

§ 31502. Requirements for qualifications, hours of service, 

safety, and equipment standards 

(a) * * * 

* * * * * * * 

(e) EXCEPTION.— (1) * * * 

(2) DECLARATION OF EMERGENCY.—An elected State or local 

government official or elected officials of more than one State 

or local government jointly may issue an emergency declaration for purposes of paragraph (1) after notice to the øRegional 

Director of the Federal Highway Administration¿ Field Administrator of the Federal Motor Carrier Safety Administration 

with jurisdiction over the area covered by the declaration. 

(3) INCIDENT REPORT.—Within 30 days after the end of the 

declared emergency period the official who issued the emergency declaration shall file with the øRegional Director¿ Field 

Administrator a report of each safety-related incident or accident that occurred during the emergency period involving— 

(A) * * * 

* * * * * * * 

INTERMODAL SURFACE TRANSPORTATION EFFICIENCY 

ACT OF 1991 

* * * * * * * 

TITLE I—SURFACE TRANSPORTATION 

Part A—Title 23 Programs 

* * * * * * * 

SEC. 1012. TOLL ROADS, BRIDGES, AND TUNNELS. 

* * * * * * * 

(b) øVALUE PRICING¿ CONGESTION PRICING PILOT PROGRAM.— 

ø(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.¿ 

(1) ESTABLISHMENT.— 

(A) IN GENERAL.—The Secretary may enter into cooperative agreements with State and local governments to carry 

out not more than 25 congestion pricing pilot projects. 

(B) PREVIOUSLY APPROVED PROJECTS.—Projects carried 

out under paragraph (1) shall include each project approved under this subsection before the date of enactment 

of the Transportation Equity Act: A Legacy for Users and 

805 

under which highway tolls are being collected as of such 

date of enactment. 

ø(2) Notwithstanding¿ 

(2) FEDERAL SHARE; ELIGIBLE COSTS.—Notwithstanding section 129 of title 23, United States Code, the Federal share payable for such øprograms¿ projects 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 least 1 year, and thereafter until such time that sufficient 

revenues are being generated by the øprogram¿ project 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¿ 

(3) USE OF REVENUES.—Revenues generated by any pilot 

project under this subsection must be applied to projects eligible under such title. 

ø(4) Notwithstanding¿ 

(4) USE OF TOLLS ON INTERSTATE SYSTEM.—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 øvalue pricing pilot program¿ congestion pricing 

pilot project under this subsection. 

ø(5) The Secretary¿ 

(5) MONITORING.—The Secretary shall monitor the effect of 

such øprograms¿ projects 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 øprograms¿ projects are having on driver 

behavior, traffic volume, transit ridership, air quality, and 

availability of funds for transportation programs. 

(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 øvalue pricing 

pilot program¿ congestion pricing pilot project 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.¿ 

(7) REDUCED TOLLS FOR LOW-INCOME DRIVERS.—Any congestion pricing pilot project carried out under this subsection that 

involves the collection of highway tolls shall include a program 

to permit low-income drivers to pay a reduced toll amount. 

(8) FUNDING.— (A) * * * 

* * * * * * * 

(D) SET-ASIDE FOR PROJECTS NOT INVOLVING HIGHWAY

TOLLS.—Of the amounts made available to carry out this 

subsection, $3,000,000 per fiscal year shall be available 

806 

only for congestion pricing pilot projects that do not involve 

highway tolls. 

* * * * * * * 

SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION. 

(a) * * * 

* * * * * * * 

(h) OVER-THE-ROAD BUSES AND PUBLIC TRANSIT VEHICLES.— (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, 

ø2005¿ 2009, to— 

(A) * * * 

* * * * * * * 

SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY 

SYSTEM. 

(a) * * * 

* * * * * * * 

(c) IDENTIFICATION OF HIGH PRIORITY CORRIDORS ON NATIONAL

HIGHWAY SYSTEM.—The following are high priority corridors on the 

National Highway System: 

(1) * * * 

* * * * * * * 

(23) The Interstate Route 35 Corridor from Laredo, Texas, 

through Oklahoma City, Oklahoma, to Wichita, Kansas, to 

Kansas City, Kansas/Missouri, to Des Moines, Iowa, to Minneapolis, Minnesota, to Duluth, Minnesota, including I–29 between Kansas City and the Canadian border and the connection from Wichita, Kansas, to Sioux City, Iowa, which includes 

I–135 from Wichita, Kansas to Salina, Kansas, United States 

Route 81 from Saline, Kansas, to Norfolk, Nebraska, Nebraska 

State Route 35 from Norfolk, Nebraska, to South Sioux City, 

Nebraska, and the connection to I–29 in Sioux City, Iowa. 

* * * * * * * 

ø(34) The Alameda Corridor East and Southwest Passage, 

California. The Alameda Corridor East is generally described 

as 52.8 miles from east Los Angeles (terminus of Alameda Corridor) through the San Gabriel Valley terminating at Colton 

Junction in San Bernardino. The Southwest Passage shall follow I–10 from San Bernardino to the Arizona State line and 

I–8 from San Diego to the Arizona State line.¿ 

(34) The Alameda Corridor-East and Southwest Passage, 

California. The Alameda Corridor-East is generally described 

as the corridor from East Los Angeles (terminus of Alameda 

Corridor) through Los Angeles, Orange, San Bernardino, and 

Riverside Counties, to termini at Barstow in San Bernardino 

County and Coachella in Riverside County. The Southwest Passage shall follow I–10 from San Bernardino to the Arizona 

State line. 

* * * * * * * 

807 

(45) The United States Route 78 Corridor from Memphis, 

Tennessee, to Corridor X of the Appalachian development highway system near Fulton, Mississippi, and Corridor X of the Appalachian development highway system extending from near 

Fulton, Mississippi, to near Birmingham, Alabama. 

(46) Interstate Route 710 between the terminus at Long 

Beach, California, to California State Route 60. 

(47) Interstate Route 87 from the Quebec border to New York 

City. 

(48) The Route 50 High Plains Corridor along the United 

States Route 50 corridor from Newton, Kansas, to Pueblo, Colorado. 

(49) The Atlantic Commerce Corridor on Interstate Route 95 

from Jacksonville, Florida, to Miami, Florida. 

(50) The East-West Corridor commencing in Watertown, New 

York, continuing northeast through New York, Vermont, New 

Hampshire, and Maine, and terminating in Calais, Maine. 

(51) The SPIRIT Corridor on United States Route 54 from El 

Paso, Texas, through New Mexico, Texas, and Oklahoma to 

Wichita, Kansas. 

(52) The route in Arkansas running south of and parallel to 

Arkansas State Highway 226 from the relocation of United 

States Route 67 to the vicinity of United States Route 49 and 

United States Route 63. 

(53) United States Highway Route 6 from Interstate Route 70 

to Interstate Route 15, Utah. 

(54) The California Farm-to-Market Corridor, California 

State Route 99 from south of Bakersfield to Sacramento, California. 

(55) In Texas, Interstate Route 20 from Interstate Route 35E 

in Dallas County, east to the intersection of Interstate Route 

635, north to the intersection of Interstate Route 30, northeast 

through Texarkana to Little Rock, Arkansas, Interstate Route 

40 northeast from Little Rock east to the proposed Interstate 

Route 69 corridor. 

(56) In the State of Texas, the La Entrada al Pacifico Corridor consisting of the following highways and any portion of 

a highway in a corridor on 2 miles of either side of the center 

line of the highway: 

(A) State Route 349 from Lamesa to the point on that 

highway that is closest to 32 degrees, 7 minutes, north latitude, by 102 degrees, 6 minutes, west longitude. 

(B) The segment or any roadway extending from the 

point described by subparagraph (A) to the point on Farmto-Market Road 1788 closest to 32 degrees, 0 minutes, north 

latitude, by 102 degrees, 16 minutes, west longitude. 

(C) Farm-to-Market Road 1788 from the point described 

by subparagraph (B) to its intersection with Interstate 

Route 20. 

(D) Interstate Route 20 from its intersection with Farmto-Market Road 1788 to its intersection with United States 

Route 385. 

(E) United States Route 385 from Odessa to Fort Stockton, including those portions that parallel United States 

Route 67 and Interstate Route 10. 

808 

(F) United States Route 67 from Fort Stockton to Presidio, including those portions that parallel Interstate 

Route 10 and United States Route 90. 

(57) United States Route 41 corridor between Interstate Route 

I–94 near Milwaukee and Interstate Route I–43 near Green Bay 

in the State of Wisconsin. 

* * * * * * * 

TITLE III—FEDERAL TRANSIT ACT 

AMENDMENTS OF 1991 

* * * * * * * 

SEC. 3031. NEW JERSEY URBAN CORE PROJECT. 

(a) * * * 

* * * * * * * 

(d) ELEMENTS OF URBAN CORE PROJECT.—For the purposes of 

this section, the New Jersey Urban Core Project consists of the following elements: Secaucus Transfer (including relocation and construction of the Bergen County and Pascack Valley Rail Lines and 

the relocation of the Main/Bergen Connection with construction of 

a rail station and øassociated components to and at the contiguous 

New Jersey Meadowlands Sports Complex),¿ to and at the contiguous New Jersey Meadowlands Sports Complex), including a connection to the Hudson River Waterfront Transportation System, the 

Lackawanna Cutoff, Kearny Connection, Waterfront Connection, 

Northeast Corridor Signal System, Hudson River Waterfront 

Transportation System (including a connection from the Vince 

Lombardi Station to Saddlebrook and Edgewater), restoration of 

commuter rail service along the Northern Branch Line or the West 

Shore Line, Newark-Newark International Airport-Elizabeth Transit Link (including construction of an auxiliary New Jersey Light 

Rail Transit station, providing access from the Newark-Newark 

International Airport-Elizabeth Light Rail Transit Link to the 

Newark International Airport), a rail connection between Penn Station Newark and Broad Street Station, Newark, New York Penn 

Station Concourse, the restoration of commuter rail service øin 

Lakewood to Freehold to Matawan or Jamesburg, New Jersey, as 

described in section 3035(p) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2131)¿ from Lakehurst to 

the Northeast Corridor or the New Jersey Coast Line, a light rail 

extension of the Newark-Newark International Airport-Elizabeth 

Light Rail Transit Link from Elizabeth, New Jersey, to the towns 

of Cranford, Westfield, Fanwood, and Plainfield in Union County, 

New Jersey, and any appropriate light rail connections and alignments within the city of Elizabeth to be determined by the city of 

Elizabeth and the New Jersey Department of Transportation (and 

which shall include connecting midtown Elizabeth to Route 1 Park 

and Ride, the Elizabeth Car House Museum, Division Street, Singer Place, Ferry Terminal, Jersey Gardens Mall, Elizabeth Port to 

Lot D at Newark Airport) and any appropriate fixed guideway system in Passaic County, and the equipment needed to operate revenue service associated with improvements made by the project. 

809 

The project includes elements advanced with 100 percent non-Federal funds. 

* * * * * * * 

SECTION 351 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2001 

øSEC. 351. Notwithstanding any other provision of law, beginning in fiscal year 2004, the Secretary shall withhold 2 percent 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) of title 23, United States Code, if a State has not enacted 

and is not enforcing a provision described in section 163(a) of chapter 1 of title 23, United States Code, in fiscal year 2005, the Secretary shall withhold 4 percent 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) of title 23, United States 

Code, if a State has not enacted and is not enforcing a provision 

described in section 163(a) of title 23, United States Code; in fiscal 

year 2006, the Secretary shall withhold 6 percent 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) of title 

23, United States Code, if a State has not enacted and is not enforcing a provision described in section 163(a) of title 23, United 

States Code; and beginning in fiscal year 2007, and in each fiscal 

year thereafter, the Secretary shall withhold 8 percent 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) 

of title 23, United States Code, if a State has not enacted and is 

not enforcing a provision described in section 163(a) of title 23, 

United States Code. If within four years from the date the apportionment for any State is reduced in accordance with this section 

the Secretary determines that such State has enacted and is enforcing a provision described in section 163(a) of chapter 1 of title 

23, United States Code, the apportionment of such State shall be 

increased by an amount equal to such reduction. If at the end of 

such four-year period, any State has not enacted and is not enforcing a provision described in section 163(a) of title 23, United States 

Code, any amounts so withheld shall lapse.¿ 

* * * * * * * 

SECTION 124 OF THE TRANSPORTATION, TREASURY, 

AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 

2004 

(Title I of division F of the Consolidated Appropriations Act, 2004) 

* * * * * * * 

øSEC. 124. MOTORIST INFORMATION CONCERNING PHARMACY

SERVICES. (a) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the Secretary of Transportation shall 

amend the Manual on Uniform Traffic Control Devices to include 

a provision permitting information to be provided to motorists to 

810 

assist motorists in locating licensed 24-hour pharmacy services 

open to the public. 

ø(b) LOGO PANEL.—The provision under subsection (a) may allow 

placement of a logo panel that displays information disclosing the 

names or logos of pharmacies described in subsection (a) that are 

located within 3 miles of an interchange on the Federal-aid system 

(as defined in section 101 of title 23, United States Code).¿ 

SECTION 14102 OF TITLE 4O, UNITED STATES CODE 

§ 14102. Definitions 

(a) DEFINITIONS.—In this subtitle— 

(1) APPALACHIAN REGION.—The term ‘‘Appalachian region’’ 

means that area of the eastern United States consisting of the 

following counties (including any political subdivision located 

within the area): 

(A) * * * 

* * * * * * * 

(C) In Kentucky, the counties of Adair, Bath, Bell, Boyd, 

Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Edmonson, Elliott, Estill, Fleming, Floyd, 

Garrard, Green, Greenup, Harlan, Hart, Jackson, Johnson, 

Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, 

Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, 

Menifee, Monroe, Montgomery, Morgan, Nicholas, Owsley, 

Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, 

Rowan, Russell, Wayne, Whitley, and Wolfe. 

* * * * * * * 

(H) In Ohio, the counties of Adams, Ashtabula, Athens, 

Belmont, Brown, Carroll, Clermont, Columbiana, 

Coshocton, Fayette, Gallia, Guernsey, Harrison, Highland, 

Hocking, Holmes, Jackson, Jefferson, Lawrence, 

Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble, 

Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, 

and Washington. 

* * * * * * * 

(K) In Tennessee, the counties of Anderson, Bledsoe, 

Blount, Bradley, Campbell, Cannon, Carter, Claiborne, 

Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress, 

Franklin, Giles, Grainger, Greene, Grundy, Hamblen, 

Hamilton, Hancock, Hawkins, Jackson, Jefferson, Johnson, 

Knox, Lawrence, Lewis, Lincoln, Loudon, McMinn, Macon, 

Marion, Meigs, Monroe, Morgan, Overton, Pickett, Polk, 

Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Smith, 

Sullivan, Unicoi, Union, Van Buren, Warren, Washington, 

and White. 

(L) In Virginia, the counties of Alleghany, Bath, Bland, 

Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, 

Giles, Grayson, Henry, Highland, Lee, Montgomery, PatVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00812 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
811 

rick, Pulaski, Rockbridge, Russell, Scott, Smyth, Tazewell, 

Washington, Wise, and Wythe. 

* * * * * * * 

SECTION 3 OF THE SMALL BUSINESS ACT 

SEC. 3. (a) * * * 

* * * * * * * 

(p) DEFINITIONS RELATING TO HUBZONES.—In this Act: 

(1) * * * 

* * * * * * * 

(4) QUALIFIED AREAS.— 

(A) * * * 

(B) QUALIFIED NONMETROPOLITAN COUNTY.—The term 

‘‘qualified nonmetropolitan county’’ means any county— 

(i) * * * 

(ii) in which— 

(I) the median household income is less than 80 

percent of the nonmetropolitan State median 

household income, based on the most recent data 

available from the Bureau of the Census of the 

Department of Commerce; øor¿ 

(II) the unemployment rate is not less than 140 

percent of the average unemployment rate for the 

United States or for the State in which such county is located, whichever is less, based on the most 

recent data available from the Secretary of 

Laborø.¿; or 

(III) there is located a difficult development 

area, as designated by the Secretary of Housing 

and Urban Development in accordance with section 42(d)(5)(C)(iii) of the Internal Revenue Code of 

1986, within Alaska, Hawaii, or any territory or 

possession of the United States outside the 48 contiguous States. 

* * * * * * * 

SECTION 176 OF THE CLEAN AIR ACT 

LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE

SEC. 176. 

(c)(1) * * * 

* * * * * * * 

(2) 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 

812 

been found to conform to any applicable implementation plan in effect under this Act. In particular— 

(A) * * * 

* * * * * * * 

(E) The appropriate metropolitan planning organization shall 

redetermine conformity for existing transportation plans and 

programs not later than 2 years after the date on which the Administrator— 

(i) finds a motor vehicle emissions budget in a submitted 

implementation plan 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 

(ii) approves an implementation plan under section 

110(k) or promulgates an implementation plan under section 110(c) that establishes a motor vehicle emissions budget where there was no prior budget or that establishes a 

budget that significantly varies from any motor vehicle 

emissions budget in effect pursuant to an adequacy determination in accordance with section 93.118(e)(4) of title 40, 

Code of Federal Regulations (as in effect on October 1, 

2003) or as part of an implementation plan approved or 

promulgated under section 110. 

* * * * * * * 

(4)(A) No later than øone year after the date of enactment of the 

Clean Air Act Amendments of 1990¿ one year after the date of enactment of the Transportation Equity Act: A Legacy for Users, the 

Administrator shall promulgate 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). No later 

than one year after such date of enactment, the Administrator, 

with the concurrence of the Secretary of Transportation, shall promulgate criteria and procedures for demonstrating and assuring 

conformity in the case of transportation plans, programs, and 

projects. A suit 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. 

(B) The procedures and criteria shall, at a minimum— 

(i) * * * 

ø(ii) address the appropriate frequency for making conformity determinations, but in no case shall such determinations for transportation plans and programs be less frequent 

than every three years; and¿ 

(ii) provide that conformity determinations for transportation 

plans and programs be determined every 4 years in areas designated as nonattainment or redesignated to attainment (unless 

a metropolitan planning organization as designated in section 

5213(b) of title 49, United States Code, elects to update a transportation plan and program more frequently or is required to 

determine conformity in accordance with paragraph (2)(E)). 

* * * * * * * 

813 

(7) TIME HORIZON FOR DETERMINATIONS.—Each conformity 

determination required under this section for a transportation 

plan under section 5213(g) of title 49 of the United States Code 

shall require a demonstration of conformity during the period 

ending on either the final year of the transportation plan or, at 

the election of the metropolitan planning organization and an 

air pollution control agency, as defined in section 302(b), if such 

air pollution control agency is responsible for developing plans 

or controlling air pollution within the area covered by the 

transportation plan on the later of the following dates (hereinafter in this paragraph referred to as the ‘‘final transportation 

conformity date’’): 

(A) The tenth year of the transportation plan. 

(B) The attainment date set forth in the applicable implementation plan for the air pollutant concerned. 

(C) The year after the completion of a regionally significant project, if the project will be programmed in the transportation improvement program or requires approval before 

the subsequent conformity determination. 

Such conformity determination shall be accompanied by a regional emissions analysis for any years of the transportation 

plan that extend beyond such final conformity date. In the 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 October 1, 2003), or has approved the revision, the demonstration of conformity (at the 

election of the metropolitan planning organization and an air 

pollution control agency, as defined in section 302(b), if such air 

pollution control agency is responsible for developing plans or 

controlling pollution within the area covered by the transportation plan) and the metropolitan planning organization shall 

be required to extend only through the last year of the implementation plan required under section 175A(b). 

(8)(A) Transportation control measures that are specified in 

an implementation plan may be replaced in the implementation 

plan with substitute transportation control measures if— 

(i) the substitute measures achieve equivalent or greater 

emission reductions than the control measures to be replaced, as determined by the Administrator; 

(ii) the substitute measures utilize an emissions impact 

analysis that is consistent with the current methodology 

used for evaluating replaced control measures in the implementation plan; 

(iii) the substitute control measures are implemented not 

later than the date on which such emission reductions are 

necessary to achieve the purpose of the implementation 

plan; 

(iv) the substitute control measures were developed with 

reasonable public notice and the opportunity for comments; 

and 

(v) the metropolitan planning organization finds that 

adequate funding is included in the transportation imVerDate Aug 04 2004 06:35 Mar 08, 2005 Jkt 099631 PO 00000 Frm 00815 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
814 

provement program to ensure timely implementation of the 

substitute control measures. 

(B) After the requirements of subparagraph (A) are met, a 

State may adopt the substitute measures in the applicable implementation plan within a reasonable period of time. 

(C) The substitution of a transportation control measure in 

accordance with this paragraph shall not be contingent on the 

existence of any provision in the applicable implementation 

plan that expressly permits such substitution. 

(D) The substitution 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 applicable implementation plan. 

(E) 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. 

(F) Adoption of a substitute control measure shall constitute 

rescission of the previously applicable control measure. 

Transportation control measures may be added to an implementation plan subject to subparagraphs (B), (C), and (D), on the same 

basis as if such measures were substitute transportation control 

measures if such measures do not increase emissions for which limitations have been established in an implementation plan, and such 

measures meet the requirements of clauses (ii), (iii), (iv), and (v) of 

subparagraph (A). 

(9) LAPSE OF CONFORMITY.—If a conformity determination required under this subsection for a transportation plan under 

section 5213(g) of title 49 of the United States Code or a transportation improvement program under section 5213(h) of title 

49 of the United States Code is not made by the applicable 

deadline and such failure is not corrected by additional measures to either reduce motor vehicle emissions sufficient to demonstrate compliance with the requirements of this subsection 

within 12 months after such deadline or other measures sufficient to correct such failures, the transportation plan shall 

lapse. 

(10) LAPSE.—The term ‘‘lapse’’ means that the conformity determination for a transportation plan or transportation improvement program has expired, and thus there is no currently 

conforming transportation plan or transportation improvement 

program. 

* * * * * * * 

SECTION 2342 OF TITLE 28, UNITED STATES CODE 

§ 2342. Jurisdiction of court of appeals 

The court of appeals (other than the United States Court of 

Appeals for the Federal Circuit) has exclusive jurisdiction to enjoin, 

set aside, suspend (in whole or in part), or to determine the validity 

of— 

(1) * * * 

* * * * * * * 

815 

(3) all rules, regulations, or final orders of— 

(A) the Secretary of Transportation issued pursuant to 

section 2, 9, 37, or 41 of the Shipping Act, 1916 (46 U.S.C. 

App. 802, 803, 808, 835, 839, and 841a) or pursuant to 

part B or C of subtitle IV, subchapter III of chapter 311, 

chapter 313, or chapter 315 of title 49; and 

* * * * * * * 

SECTION 345 OF THE NATIONAL HIGHWAY SYSTEM 

DESIGNATION ACT OF 1995 

SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR VEHICLES AND THEIR OPERATORS. 

(a) EXEMPTIONS.— ø(1) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND

FARM SUPPLIES.—Regulations prescribed by the Secretary 

under sections 31136 and 31502 of title 49, United States 

Code, regarding maximum driving and on-duty time for drivers 

used by motor carriers shall not apply to drivers transporting 

agricultural commodities or farm supplies for agricultural purposes in a State if such transportation is limited to an area 

within a 100 air mile radius from the source of the commodities or the distribution point for the farm supplies and is during the planting and harvesting seasons within such State, as 

determined by the State.¿ 

(1) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND

FARM SUPPLIES.—Regulations prescribed by the Secretary under 

sections 31136 and 31502 of title 49, United States Code, regarding maximum driving and on-duty time for drivers used by 

motor carriers shall not apply during planting and harvest periods, as determined by each State to drivers transporting agricultural commodities or farm supplies for agricultural purposes 

in a State if such transportation is limited to an area within 

a 100 air mile radius from the source of the commodities or the 

distribution point for the farm supplies. 

(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. Except as required in section 395.3 of title 49, 

Code of Federal Regulations, as in effect on the date of enactment of this sentence, no additional off-duty time shall be required in order to operate such vehicle. 

* * * * * * * 

ø(4) DRIVERS OF UTILITY SERVICE VEHICLES.—Such regulations shall, in the case of a driver of a utility service vehicle, 

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.¿ 

(4) OPERATORS OF UTILITY SERVICE VEHICLES.— 

816 

(A) INAPPLICABILITY OF FEDERAL REGULATIONS.—Such 

regulations shall not apply to a driver of a utility service 

vehicle. 

(B) PROHIBITION ON STATE REGULATIONS.—A State, a political subdivision of a State, an interstate agency, or other 

entity consisting of 2 or more States, shall not enact or enforce any law, rule, regulation, or standard that imposes 

requirements on a driver of a utility service vehicle that are 

similar to the requirements contained in such regulations. 

* * * * * * * 

(b) PREEMPTION.—øNothing¿ Except as provided in subsection 

(a)(4), nothing contained in this section shall require the preemption of State laws and regulations concerning the safe operation of 

commercial motor vehicles as the result of exemptions from Federal 

requirements provided under this section. 

(c) REVIEW BY THE SECRETARY.—The Secretary may conduct a 

rulemaking proceeding to determine whether granting any exemption provided by subsection (a) (other than øparagraph (2)¿ an exemption under paragraph (2) or (4)) is not in the public interest 

and would have a significant adverse impact on the safety of commercial motor vehicles. If, at any time as a result of such a proceeding, the Secretary determines that granting such exemption 

would not be in the public interest and would have a significant adverse impact on the safety of commercial motor vehicles, the Secretary may prevent the exemption from going into effect, modify 

the exemption, or revoke the exemption. The Secretary may develop a program to monitor the exemption, including agreements 

with carriers to permit the Secretary to examine insurance information maintained by an insurer on a carrier. 

* * * * * * * 

(e) DEFINITIONS.—In this section, the following definitions apply: 

(1) * * * 

* * * * * * * 

(7) AGRICULTURAL COMMODITY.—The term ‘‘agricultural commodity’’ means products grown on and harvested from the land 

during the planting and harvesting seasons within each State, 

as determined by the State. 

(8) FARM SUPPLIES FOR AGRICULTURAL PURPOSES.—The term 

‘‘farm supplies for agricultural purposes’’ means products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within 

each State, as determined by the State, and livestock feed at 

any time of the year. 

(817) 

COMMITTEE CORRESPONDENCE

U.S. HOUSE OF REPRESENTATIVES, 

COMMITTEE ON ENERGY AND COMMERCE, 

Washington, DC, March 3, 2005. 

The Hon. DON YOUNG, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR CHAIRMAN YOUNG: I am writing with regard to H.R. 3, the 

Transportation Equity Act: A Legacy for Users, which was ordered 

reported by the Committee on Transportation and Infrastructure 

on March 2, 2005. As you know, the Energy and Commerce Committee has jurisdiction over matters involving air quality planning 

and the air quality impact of transportation projects, the Congestion Mitigation Air Quality Program, provisions involving energy 

production, supply and storage and other matters contained within 

H.R. 3 as reported. 

I recognize your desire to bring this legislation before the House 

in an expeditious manner. Accordingly, I will not exercise my Committee’s right to referral. By agreeing to waive its consideration of 

the bill, however, the Energy and Commerce Committee does not 

waive its jurisdiction over H.R. 3. In addition, the Energy and 

Commerce Committee reserves its right to seek conferees on any 

provisions of the bill that are within its jurisdiction during any 

House-Senate conference that may be convened on this legislation. 

I ask for your commitment to support any request by the Energy 

and Commerce Committee for conferees on H.R. 3 or similar legislation. 

I request that you include this letter as part of the Committee’s 

Report on H.R. 3 and in the Record during consideration of the legislation on the House floor. Thank you for your attention to these 

matters. 

Sincerely, 

JOE BARTON, 

Chairman. 

(819) 

U.S. HOUSE OF REPRESENTATIVES, 

COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, 

Washington, DC, March 3, 2005. 

The Hon. JOE BARTON, 

Chairman, Committee on Energy and Commerce, 

U.S. House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: Thank you for your letter of March 3, 2005 

regarding H.R. 3, the Transportation Equity Act: A Legacy for 

Users. Your assistance in expediting consideration of the bill is 

very much appreciated. 

I agree that there are certain provisions in the bill that are of 

jurisidictional interest to the Committee on Energy and Commerce 

and I agree that by foregoing a sequential referral, the Committee 

on Commerce is not waving its jurisdicition. Be assured that I will 

support your request to be represented in the conference on those 

provisions in the jurisdiction of the Energy and Commerce Committee. 

As you have requested, I will include this exchange of letters in 

the Committee report on the bill and in the RECORD when the bill 

is on the Floor. Thank you for your cooperation and your continued 

leadership and support in surface transportation matters. 

Sincerely, 

DON YOUNG, 

Chairman. 

Æ